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Like many other states, Massachusetts has enacted legislation to allow people who allege they are, or will be, at risk for domestic violence or harassment to obtain court orders of protection.

There are two distinct types of available orders:

Each has specific purposes, procedures, and proof requirements. These orders are granted in civil rather than criminal proceedings. The case is filed by one person against another instead of by the district attorney.

Massachusetts Harassment Prevention Lawyer

Massachusetts Abuse and Harassment Prevention Orders Lawyer

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The emphatic answer to this question is YES! There are numerous substances that can cause a person to blow a false positive on a breathalyzer test. The problem is that even if you have not been drinking, and you blow a false, you will still be arrested. If you have been arrested, but are convinced that your breathalyzer test yielded a false positive, an experienced DUI criminal defense attorney will be able to help you build your case as to your innocence.

False Positive on a Breathalyzer Test

False Positive on a Breathalyzer Test

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Search Warrants Must Meet Certain Requirements

Citizens are protected from unlawful search of their homes, person, vehicles and other property unless a law enforcement officer has obtained a valid search warrant and has probable cause to conduct a search. This protection is provided under the Fourth Amendment to the United States Constitution and Article 14 of the Massachusetts Declaration of Rights. If any evidence of a crime is discovered or collected during an illegal search, it will not be admissible in court proceedings against you. Attacking search warrants can result in having your case dismissed and we have won serious drug cases and gun cases this way. This post takes a look at Massachusetts search warrants.

A Look at Massachusetts Search Warrants

A Look at Massachusetts Search Warrants

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Heroin is considered a class “A” substance in Massachusetts because it is a highly addictive controlled substance. It is commonly referred to as dope,  and sometimes by its color, such as brown, or black tar heroin. Once heroin enters the body, it converts into morphine, which causes the user to experience a sense of relaxation and euphoria, also known as a high. Overdosing on heroin is fairly common as users develop a severe addiction to the controlled substance.  Several Massachusetts heroin drug charges are prosecuted daily in most Massachusetts courts.

Massachusetts Heroin Drug Charges

Massachusetts Heroin Drug Charges

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A terrible car accident in Methuen resulted in the death of a Lawrence man, serious injuries to another and a Lowell police officer in jail.  The Lawrence Eagle Tribune reported that Lowell Police Officer Eric Wayne will face a judge in Lawrence District Court on Monday where he will be arraigned for charges of motor vehicle homicide, having an open container of alcohol in his motor vehicle, operating under the influence of alcohol and operating to endanger. The paper reported that the officer is held on $500,000.000 bail.

Lowell Drunk Driving Defense Attorney

Lowell Drunk Driving Defense Attorney

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The Lawrence Eagle Tribune reported that a triple murder trial is underway in the Salem Superior Court related to a 2011 murder of a Lawrence woman and her two teenaged children.  Jose Luis Tejada has been charged with murder for the deaths of his girlfriend, Milka Rivera, 39, and her two children, Sachary Montanez, 19 and Max Ariel Montanes, 16 on September 4, 2011 during Labor Day weekend. The bodies were found all together in one of the children’s rooms.salemruane-450x299 Continue reading

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The litigation of the issuance and extension of 209A Restraining Orders takes up a considerable amount of time in District Courts throughout Massachusetts. Some judges listen carefully to the facts presented at these hearings. Others are afraid not to issue the order. Case law in this area is constantly evolving making your choice of a lawyer an extremely important decision. This post discusses a recent development in this law and why everyone should hire a lawyer for representation at a 209A restraining order hearings.

Massachusetts Restraining Order Defense

Massachusetts Restraining Order Defense

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When a police officer pulls over a driver or stops a driver at a DUI checkpoint because the officer suspects that the driver may be driving under the influence of drugs or alcohol, the officer will more than likely request that the suspect driver participate in a series of tests commonly referred to as field sobriety tests. In Massachusetts, you have the right to refuse to participate in these tests.

Massachusetts OUI Defense Lawyer

Massachusetts OUI Defense Lawyer

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As previously discussed in part 1 of this blog series, if children are present when police come to your home in response to a domestic assault and battery report, they will report the instance of the domestic assault to the Department of Children and Families (DCF) by submitting a 51A report of potential child abuse and neglect, as there is a concern that there may be child abuse in the home as well.

Domestic Assault and Battery Defense

Domestic Assault and Battery Defense

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Any close living situation may eventually cause agitation and strife between those people living together. And in some cases, the situation reaches a boiling point and people start to lash out, sometimes even violently. When violence occurs within the home, it is considered domestic assault. In the middle of a heated moment, it can be hard to keep sight of the fact that you love your family members or your children.

Child Abuse and Neglect Defense

Child Abuse and Neglect Defense

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