Assault and Battery Cases in Massachusetts falling under the Act Relative to Domestic Violence, have consequences beyond the potential sentence in the case. For instance, if domestic assault and battery is charged under Mass. General Laws Chapter 265 s.13M(a), there will be:
- A Six hour delay in Arraignment from time of arrest, unless bail is set in open court by a judge;
- Entrance of the written statement of abuse filed by the prosecutor into the statewide domestic violence record keeping system;
- Considerations for bail that go beyond whether someone is a flight risk.
As a result, if you face assault and battery cases in Massachusetts, you need an attorney with experience representing those charged under the statute. Contact Attorney Shane W. Surrette at (774) 364-4605 or at firstname.lastname@example.org today.
Those facing assault and battery cases in Massachusetts may benefit from a lack of police conducted out of court identification procedures, when the identity of the perpetrator is in dispute. For instance, under Commonwealth v. Crayton, it was held that:
- Where an eyewitness has not participated before trial in an identification procedure;
- The in-court procedure will be treated as a one-on-one showup; &
- The in-court identification will only be admitted into evidence where there is good reason for its admission.
As a result, whenever facing assault and battery cases in Massachusetts, it is important to contact an attorney who knows how to help you. Contact Attorney Shane W. Surrette at (774) 364-4605 or at email@example.com today.
Should you take the breathalyzer test after being arrested on suspicion of DUI? This question will ultimately arise, and the answer may depend on a number of factors. For instance, a breath test may be affected by:
- How much you had to drink;
- What you had to eat and when; and
- Your alcohol absorption rate.
As a result, if you are arrested for DUI, contact a DUI Attorney who understands what will impact a breathalyzer test reading. Contact Attorney Shane W. Surrette today at (774) 364-4605 or at firstname.lastname@example.org today.
If you are charged with possession of drugs in Massachusetts, the government may proceed under an actual or constructive possession theory. For instance, actual possession may include whatever is contained in your pocket, whereas constructive possession could be based on your ownership of an item in front of you. To prove constructive posession, the Commonwealth must show:
- Knowledge of the Item;
- Ability to Control the Item; and
- The Intent to Control.
If you are charged with a drug crime where there is an issue as to possession, contact a drug crime attorney who has handled drug cases on both sides. Contact Shane W. Surrette at (774) 364-4605, or at email@example.com today.
Being charged with a criminal offense can ruin your life. Without much warning, you could be facing:
- Loss of Employment;
- Loss of Housing;
- Restraints on Where you can Live.
As a result, it is important to contact a criminal lawyer who has experience as a former prosecutor, and who knows how the other side works. Contact Attorney Shane W. Surrette at (774) 364-4605, or at firstname.lastname@example.org today.
The Supreme Judicial Court of Massachusetts has recently stated that a parent may not be subjected to criminal liability for the use of force against a minor child under the care of that parent if certain criteria are present. Criminal liability will be absent provided that:
- The force used is reasonable;
- The force is reasonably related to the purpose of safeguarding or promoting the child’s welfare; and
- The force used neither causes, nor creates a substantial risk of causing physical harm or severe mental distress.
What is reasonable will depend on the circumstances of each case. With this in mind, if you find yourself facing criminal charges, contact a Criminal Lawyer with the experience to defend your rights. Contact Shane W. Surrette at (774) 364-4605 or at email@example.com.
In Massachusetts, breathalyzer test refusal evidence is not admissible in the Commonwealth’s case in chief. This simply means that in Massachusetts, once you refuse the breathalyzer test, and you face a trial on an OUI charge, there will be no mention at all of a breathalyzer in the government’s case in chief. Additional inadmissible evidence in an OUI case in Massachusetts will include:
- Field Sobriety Test Refusal Evidence;
- Portable Breath Test Refusals;
- The Results of the Horizontal Gaze Nystagmus Test, Unless the Commonwealth Presents an Expert Witness.
It is important to note that even though the evidence may be inadmissible in the government’s case, it may become admissible if the door is opened by the defense. This is why it is important to have an OUI Lawyer who will keep the door closed.
Drug crimes carry significant penalties. Minimum mandatory prison and jail sentences are sought regularly throughout the Courts of the Commonwealth. Additionally, certain drug allegations may result in:
- Loss of Personal Property Including Money and Cars;
- Loss of Driver’s License;
- Deportation from the United States if a Non-Citizen.
With the exacting consequences that many of the drug crimes carrry in Massachusetts, it is important to have a drug crime attorney who can help you understand what you are facing in your particular case. Contact Attorney Shane W. Surrette at (774) 364-4605, or at firstname.lastname@example.org today.
Criminal assault and battery cases can ruin your life. Without much notice you may be:
- Held on Bail;
- Ordered out of Your Home;
- In Need of New Employment.
Don’t let criminal allegations destroy you, contact a lawyer who has experience handling assault and battery cases and who will work to get you the best possible results. Contact Attorney Shane W. Surrette at (774)364-4605, or at email@example.com today.
If you are charged with drunk driving in Massachusetts, and you refuse the breathalyzer test, your driver’s license will not automatically be restored if you are found not guilty or the case is dismissed. The length of license suspension on a breathalyzer test refusal depends upon the number of prior offenses. If you are found not guility or the case is dismissed, and you don’t have any alcohol related charges pending against you, you may apply for and be granted a hearing requesting restoration of the driver’s license. The hearing:
- Must be before the Court that entered the finding;
- Shall include a rebuttable presumption that the license be restored, unless the Commonwealth can establish by a preponderance of the evidence that restoration of the license would likely endanger the public safety; and
- Shall be followed by written findings of fact by the Court.
If you face a drunk driving charge today, it is important to hire a drunk driving lawyer who will help you with all the license consequences. Contact Shane W. Surrette at (774) 364-4605 or at firstname.lastname@example.org today.