Harry Hands sees Sally Shoulder. Harry likes Sally. He calls to her and she does not answer. Perhaps she is ignoring him. Perturbed, he walks up to her and taps her on the shoulder. Did Harry break the law? The answer is probably yes. Under Massachusetts law, an assault is when you place someone in fear that they are about to be touched. The battery is when they are actually and intentionally touched and that
A recent Supreme Judicial Court decision has limited the scope of what constitutes a permissable search of a vehicle when consented to by the Operator of that vehicle. In a 4-3 decision in the Hampden County case Commonwealth v. Anthony C. Ortiz, Chief Justice Ralph Gants wrote: “In this case we must decide whether a driver’s consent to allow the police to search for narcotics or firearms ‘in the vehicle’ authorizes a police officer to
Over and over again, I come face to face with a huge inadequacy of our Probate Court system and I want/need to vent about it today. I have several clients whose soon to be ex spouses have either been convicted of domestic abuse or are in the process of facing criminal charges for it. All of my clients happen to be women but there are many cases where the abuser is a woman and the
Did you know that the Registry of Motor Vehicles (RMV) can pull anyone’s license on the basis of the fact that they pose an immediate threat to the public. Let’s say that you get pulled over by the police and the police call the RMV and tell them that you were driving erratically, the registry can immediately suspend your license. Indefinitely. Your only recourse at this point would be a registry hearing. Let’s say the
Believe it or not there is an upside to divorce when it relates to matters of college financial aid. The FAFSA (free application for federal student aid) is the dreaded form that every parent with college aged children must fill out every year. In conventional families, the income of both parents is taken into consideration. In divorced families, the custodial parent fills out the FAFSA and it’s only their income that’s considered. In many cases,
Having done personal injury work for the last 23 years, people often tease me about being an ambulance chaser. When I was describing a case to a friend (without revealing any confidential information), she was blown away with what the attorney has to deal with in these types of situations. Far too many times in my career, I have gotten a call at some odd hour from a distraught family member or friend that their
As an attorney, you may think my answer to this question is a little biased. What most people don’t know is that essentially a joint divorce agreement which is what a mediator helps a couple draft, can just as easily be done by an attorney for about the same cost. There is one advantage to using an attorney however. An attorney will also take care of all of the court filing and the necessary paperwork
The recent criminal trial of famous Actor Bill Cosby ended in a hung jury. A hung jury occurs when the jury cannot unanimously agree on whether a defendant is innocent or guilty. That’s a requirement in most states in criminal cases. In civil cases however, only a majority is required. When a Judge determines that a jury will be unable to reach a verdict, he or she will declare the jury hung. The Prosecution then
I am involved with a terrific organization called Communities for Restorative Justice (C4RJ). C4RJ partners with local police departments in an effort to steer first time offenders away from a life of crime. In an effort to bring awareness to the perpetrator of the effects of his or her crimes and healing to the victim, both parties agree to go through the process and if completed successfully, the offender avoids a criminal record. In criminal
Fear is the biggest reason people hold off on beginning the process long after the marriage is over. Fear about what the effect the divorce will have on their children, fear about how you’re going to make ends meet, fear about what you are entitled to from the marriage. If the fear doesn’t do you in, the misery of your current situation will. I see people in all stages of the divorce process. Because I
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Please complete the form below and we will contact you.