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Threatening to Commit a Crime

Most people do not realize that threatening to commit a crime in Massachusetts is actually a crime itself. Someone who makes a threat against someone or property can be charged with a crime under M.G.L. Chapter 275, Section 2. While a threat to commit a crime is clearly not as serious as actually committing the crime itself, it is still a criminal matter and charges for making a threat to commit a crime should be taken and defended against seriously. The gravity of the charge is fact specific. The more serious the threat the more ardent the prosecution. Continue reading

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Criminal Charge Stacking

Sometimes when law enforcement officers makes an arrest, they charge as many crimes as they can at once. Police have the right to use their discretion when asserting criminal charges, and they sometimes err on the side of caution and assert more charges than is actually fair. This processes is known as criminal charge stacking and it affects many criminal defendants in Massachusetts. You may have heard of police making numerous charges in an attempt to see what charges stick after being scrutinized by the court, that is exactly what charge stacking is. Continue reading

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Massachusetts Drug Cases

The Annie Dookhan saga continues in the High Court of Massachusetts. The Massachusetts Supreme Judicial Court has ordered state prosecutors to review the 24,000 Massachusetts drug cases that had been handled – or rather, potentially mishandled – by Annie Dookhan between 2003 and 2011.  Some 20,000 criminal defendants who were convicted of drug charges could potentially have their convictions dismissed, or cases retried, as a result of the state’s debacle concerning Ms. Dookhan’s misconduct while working in a Boston-area drug analytics lab. Continue reading

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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

Kathleen McCarthy criminal defense attorney in Massachusetts

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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