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Massachusetts Marijuana Laws

Marijuana has been legalized in Massachusetts for just a few months and legislators are already trying to prune back some of the provisions concerning the cultivation of marijuana, among other changes that could curb how people use and grow marijuana in the future. Being one of the first states to adopt legalization of marijuana statewide, the Commonwealth is struggling to get comfortable with the idea that marijuana is legal, that small amounts can be possessed without fear of prosecution, and that Massachusetts residents can grow cannabis in their homes if they so choose. Massachusetts marijuana laws however are evolving.  Continue reading

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Charged With DUI Out of State? Don’t Ignore It.

Many Massachusetts residents are faced with the problem of being arrested and charged with driving under the influence (DUI) of drugs or alcohol while outside the state of Massachusetts. These individuals often wonder what effects an out of state OUI could have on them back home in Massachusetts. Many people simply plead guilty to their DUI charge, or never show up to court in the state where they were arrested, thinking that the offense will never catch up to them if they do not return to the state or to “scene of the crime” so to speak. This is completely untrue. A drunk driving case in any state spells trouble for you, both in the state where you were charged as well as back home in Massachusetts. Continue reading

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Drug Dealers Getting Charged for Overdose Deaths

In recent years it has become popular for illegal drug dealers to mix highly potent drugs such as the heroin with a substance known as fentanyl in order to generate a more profound high for those who are taking the drug. Fentanyl is the dangerous opioid drug compound that has produced far too many deaths in Massachusetts and the New England region as a result of its use. People who receive drugs that are mixed with fentanyl have a substantially increased risk of accidental fatal overdosing. In response, prosecutors are seeing drug dealers charged for deaths resulting from the drug dealing activities.  Continue reading

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Gun Charges in Massachusetts

While the Second Amendment to the United States Constitution gives citizens the right to bear arms, i.e., own guns, there are many federal regulations and state laws that apply to gun ownership. There are many laws in place that criminalize certain gun activity, and an individual who is caught by law enforcement engaging in illegal gun activity could face severe punishment. There are many times when a criminal defendant finds him or herself facing gun charges in Massachusetts. Anyone who has been charged with a gun offense or other weapons offense needs to consult with an experienced Massachusetts criminal defense lawyer immediately. Continue reading

Massachusetts OUI Defense

From Out of State and Got a DUi in Massachusetts

Many friends and relatives will be visiting loved ones in Massachusetts throughout the year. Yet the holidays and vacations are a time for social gatherings and parties where alcohol is commonly served. There is no doubt that there will be some people who will get a little too drunk to drive but will get behind the wheel of a vehicle anyway. Being arrested for driving under the influence (DUI) is an unfortunate circumstance that is made all the more difficult if you are from out of state and got a DUI in Massachusetts. Continue reading

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Reasonable Suspicion

No matter what time of day or night law enforcement in Massachusetts is out patrolling the highways and roads to keep drivers safe. Law enforcement will be on the lookout for anything that seems to be amiss amongst drivers on the road, and they will be making traffic stops if they believe that drivers have violated the law. A law enforcement officer must have reasonable suspicion that a driver has violated a traffic law before he or she may pull a vehicle over to the side of the road. If the traffic stop reveals evidence that gives the police officer probable cause to make an arrest, then he or she will make an arrest as appropriate. Continue reading

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Domestic Assault and Battery

Nearly everybody spends time with family members during the holiday season, and in some families, too much time together can result in relatives getting into arguments and fighting. If things get out of control, a fight might escalate from mere words to a physical altercation. When family members get into physical altercations, it can result in domestic assault and battery charges. Continue reading

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Recreational Use of Marijuana

On the November ballot, Massachusetts voters had the opportunity to legalize the recreational use of marijuana in limited quantities. The voters have spoken, and starting December 15, 2016, it will be legal in Massachusetts for individuals who are over the age of 21 to possess small amounts of marijuana under House Bill 1.561. It will also be legal for residents to grow small amounts of marijuana in their private homes. Users can transport not more than 10 ounces of marijuana, and not more than 10 pounds of marijuana products (i.e., treats, confections, or other consumables). Continue reading

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Dookhan Drug Testing Lab Scandal

In November the Massachusetts Supreme Judicial Court struggled with the question of how about best to handle the aftermath of the Dookhan drug testing lab scandal, according to the Boston Globe. Annie Dookhan worked as a chemist in a Massachusetts drug testing lab where she produced test results that were used in over 24,000 criminal cases as evidence against defendants accused and convicted of drug crimes. The problem is that because Ms. Dookhan mishandled at least some of the drug samples for a fact, and falsified her test results data, countless criminal defendants may have been convicted on bad evidence. Continue reading

In a move that strengthens individuals’ right to privacy, the state’s highest court ruled that state law enforcement must have particularized evidence that a cellphone is tied to a criminal act in order to be able to seize the cellphone. While the court acknowledged that there is a common sense notion that cellphones are often used by criminals to communicate with other criminals about their criminal activities, or that cellphones could be used for other tasks, like taking pictures that could also be used as evidence in a criminal proceeding, the mere fact that there is only a commonsense notion of these uses of a cell phone is not sufficient override an individual privacy rights. This decision makes it harder for police to seize cellphones.

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Harder for Police to Seize Cellphones

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