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 [email protected] 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 protected] 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 [email protected] 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 protected] 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 [email protected] 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 protected]today.