Briones

Legal Blog

Is it possible to remove past charges off your record?

Every week, I am approached by someone who wants to talk about the effects of their misguided youth. Having a charge on your criminal record can have long lasting effects even when the charges are dismissed. Imagine getting arrested for assault when you’re 18 and having those charges dismissed but it’s on every background check and CORI that’s run on you? So when you’re going for that dream job and they say they have to

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Smell of Marijuana no longer enough to establish probable cause in MA. Search can be thrown out.

Due to the recent decriminalization of marijuana in Massachusetts, it is no longer enough for the police to smell marijuana in the course of a stop to conduct a search of that vehicle. Because it is no longer an illegal substance in this State, the arresting officer must observe that the person appears to be under the influence of that substance in order to have probable cause to conduct a search. This means an increasing

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Domestic Violence and Your Divorce

Last year, I began working with a fantastic organization that works with survivors of domestic abuse and I have learned so much about domestic violence, domestic abuse and its impact on people especially those going through a divorce. I’d like to share with you a few of the things that I have learned along the way. I have learned that at least one in every three relationships has elements of abuse. I have learned that

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Guardianship v. Adoption

I was volunteering as lawyer of the day in court last week and a very nice gentleman came in and asked for advice about adopting his niece. I asked him a bunch of questions and determined that pursuing a guardianship was probably the best option for him. The biggest difference between adoption and guardianship is that adoption is permanent. The implications of this are that the biological parents can never come back to regain their

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How to change a divorce agreement.

All too often, I have people ask me if they can change their divorce agreement. And the answer is, maybe. When you get divorced, you divide up your property. That is permanent and you cannot go back later and change anything. Matters relating to child support and child related issues are modifiable but only if you can prove a change in circumstances. An example of this would be: let’s say you lost your job and

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Why you need a good lawyer for a car accident.

Getting into a car accident is a real pain. You are likely to lose money in various ways and hiring a good lawyer can help rectify that. First of all, if your vehicle is totaled, the insurance company doesn’t give you the amount you would need to go out and buy that exact same car. They give you what they call replacement value and it doesn’t take into account the mark up or profit a

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Recent developments in the way Middlesex County handles adoptions!

Since Trump took office, I have had a surprising number of same sex couples come to me seeking adoption of their children by the non biological parent. As many of you know, same sex Marriage is recognized in this country by all but 13 States. Massachusetts was the first such state to make it legal. Many of these couples have begun raising children of their own. In the cases of female couples, generally one of

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Massachusetts Senate passes bill requiring DCF to keep siblings together!

The Massachusetts Senate recently passed a bill that requires the State Courts and the Department of Children and Families (DCF) to keep siblings together unless they can show clear and convincing evidence as to why the siblings cannot be placed together. Finally some good news when it comes to placement. Massachusetts is in dire need of foster homes for children in custody of DCF. If you are interested in becoming a foster parent, please visit

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Abatement Ab Initio and Aaron Hernandez

Aaron Hernandez’s conviction was vacated today. The legal term for this is abatement ab initio which dates back to common law in Massachusetts. If the appeal process resulting from a conviction to a crime has not been completed and the appellant dies, their conviction gets wiped out. The reasoning behind this is that they didn’t have the chance to exonerate himself and prove his innocence. This has occurred two other times in recent years as

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