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OUI have traditionally been one of the most litigated criminal cases in MA.  There are a lot of defenses and many cases that do not look winnable can become so.  Do not automatically plead out to your case.  A few things to do are: 1.  Have your attorney file an omnibus discovery motion that includes […]

In Ma, to get a guardianship you need to have a medical letter ( a specific court form) showing that the elder is not competent.  Marge and Homer would need to be able to show why Abe is not competent and why they should make decisions about him.  The Simpsons would need to be able to […]

Holidays have a lot of good things about them but as everyone know can be very stressful.  I am a lawyer who helps people in trouble.  One of the most troubling times for people is during and after the holiday season.  This is one of the busiest times of the year for an attorney as […]

Generally the answer is yes.  As an attorney, my answer is self serving but the only negative of having a at least competent attorney is the financial cost.  The attorney can help keep the initial interview on track and articulate for you, be able to advocate why the 51A should not be supported legally and […]

 The short answer is Yes.  Unless it is dismissed prior to the arraignment, the charge will show up but there will be a dismissal on your record with the charge.  It is not easy to use this against you but the courts and anyone who has access to your record will see it.  Many times, […]

The criminal justice system is a big bureaucracy.   If charged you want to get out of the bureaucracy.  One issue is to look closely at the police report and to determine if there are sufficient evidence to charge you with a crime.   You can file a motion to dismiss arguing that even if you assume […]

In MA, child support is generally one of the more straightforward areas.  There is a guideline or formula that would be used and the Court is supposed to make a written finding if the guidelines are not being used within 2 percentage point.  The typical formula first looks at what the income for the recipient […]

In criminal law, a lot of people will tell you to plea bargain right away.  Even if you committed the crime, the state has the burden of proof beyond a reasonable doubt and you are presumed to be innocent.  There are a lot of factual and legal defenses you have.  You can ask that the […]

I have been in the midst of  a long trial dealing with the issues of the so called family first policy versus possible bonds with a prior foster family.  Their have been several experts in the case dealing with bonding versus the identity issues with biological family.  This appears to be a cutting edge issues.  […]

I had my first harassment hearing in Juvenile Court.  This is a new statute passed by the MA legislature with very little case law.   Some consider it very similar to the 209A( restraining order) but without the need to have a particular relationship.  The plaintiff does need to show three or more acts that are […]