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Earned Good Time in Massa…

Earned Good Time in Massachusetts | G.L. c. 127, § 129D — How Sentence Deductions for Programs, Work, and Completion Credits Work

When a person is sentenced to a term of incarceration in Massachusetts, the length of time actually served is often shorter than the maximum term imposed by the court...
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Parent-Child Testimony

Parent-Child Testimony

This post will discuss recent changes to Massachusetts law on four legal issues: Parent testimonial disqualification Drug rehabilitation Sentencing of a primary caretaker of a dependent child Criminal Justice Reform Many parents will ask: Can they ma…
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Diversion and Restorative…

Diversion and Restorative Justice

What is restorative justice? Restorative justice is a voluntary process by which offenders collectively identify and address obligations resulting from an offense. So, under the system, the offender accepts responsibility for his or her actions. The…
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Underage Drinking Immunit…

Underage Drinking Immunity & Good Samaritan Laws in Massachusetts

Young people sometimes make dangerous decisions involving alcohol. When someone becomes unconscious, needs medical attention, or is at risk of harming themselves or others because of intoxication, the last thing the law should do is discourage bystan…
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Mandatory Minimum Sentenc…

Mandatory Minimum Sentences in Massachusetts: Which Charges Carry Them and How to Avoid Them

In most Massachusetts criminal cases, the judge can choose among outcomes such as a continuance without a finding, probation, a suspended sentence, or jail. A mandatory minimum takes most of those options away. If you are convicted of an offense that…
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Multiple Offense OUI

Multiple Offense OUI

What are the punishments for being convicted of more than one OUI? The more times a person is found guilty of an OUI, “Operating Under the Influence” , the greater the penalties are for multiple or subsequent offenses. Massachusetts law has recen…
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Determining Bail in Massa…

Determining Bail in Massachusetts: How Judges and Magistrates Decide

When someone is arrested in Massachusetts, one of the first practical questions is whether they will be released — and on what terms. Bail is part of that answer. It is not a fine, not a finding of guilt, and not meant to punish. Under Massachusett…
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Operating Without a Licen…

Operating Without a License in Massachusetts | G.L. c. 90 § 10

Operating a motor vehicle without a valid license is a common charge in Massachusetts District Courts...
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Annoying and Accosting Pe…

Annoying and Accosting Persons

How does the Commonwealth prove a defendant guilty of annoying or accosting a person? In order to prove a defendant guilty of annoying or accosting a person, the Commonwealth must prove the following four elements of the offense beyond a reasonable d…
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Carrying a Dangerous Weap…

Carrying a Dangerous Weapon When Arrested: G.L. c. 269, § 10(b) — Possession of a Dangerous Weapon at the Time of Arrest on a Warrant or for Breach of the Peace

Massachusetts law makes it a separate crime to be armed with, or to have under one’s control, a dangerous weapon at the moment of certain arrests...
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