Getting pulled over by the police can be a stressful experience, even for minor traffic infractions like speeding or running a red light. Most people assume that a traffic stop will end with a citation or warning—but is it possible for an officer to arrest someone instead of issuing a ticket? In Massachusetts, the law…
Understanding Restraining Orders in Massachusetts Restraining orders are serious court orders that restrict one person’s ability to contact or come near another. In Massachusetts, there are two main types: 209A Abuse Prevention Orders and 258E Harassment Prevention Orders. While both serve to protect individuals, they are used in different circumstances and carry different legal standards.…
If you refuse a breath or blood test during a suspected drunk driving arrest in Massachusetts, you may assume that prosecutors cannot use chemical evidence against you. But a recent Massachusetts high‑court ruling confirms that prosecutors can still use hospital blood work and calculated BAC estimates—even without your consent. What the Law Requires: Consent for…
Getting arrested is an overwhelming and frightening experience, whether it’s your first time or you’ve faced charges before. In Massachusetts, the legal system moves quickly—especially in the hours and days after an arrest. What you do next can have a lasting impact on your case, your record, and your future. Understanding your rights and taking…
Criminal harassment is a serious offense in Massachusetts that can have lasting legal, personal, and professional consequences. Often arising from repeated and unwanted contact or conduct, criminal harassment is distinct from other offenses like stalking or civil harassment, and it can lead to both misdemeanor and felony charges depending on the circumstances. Understanding what constitutes…
Larceny is one of the most commonly charged theft-related crimes in Massachusetts. While the term may sound broad, it has a specific legal definition and encompasses a variety of offenses. Whether the alleged offense involves shoplifting, embezzlement, or stealing property, a larceny charge can carry serious legal consequences. This article provides an overview of how…
Operating Under the Influence (OUI) is a serious offense in Massachusetts that can lead to significant legal consequences, including license suspension, fines, and even jail time. Understanding your rights during a traffic stop and the defenses available if charged with OUI is critical to protecting yourself. We discuss what to expect during an OUI traffic…
Operating Under the Influence (OUI), commonly known as DUI in other states, is a serious offense in Massachusetts with severe legal consequences. An OUI charge can impact one’s freedom, financial stability, and even employment prospects. Understanding Massachusetts OUI laws, potential penalties, and available defenses can help individuals protect their rights and make informed decisions if…
Being accused of a crime is a serious and stressful experience, but understanding your legal rights under Massachusetts law can make a significant difference in the outcome of your case. The justice system provides protections to ensure fair treatment and prevent wrongful convictions. This article explores the fundamental rights of the accused and how to…
In Massachusetts, facing charges of domestic assault and battery can have profound legal and personal implications. Recognizing the seriousness of these accusations and the specifics of Massachusetts law is crucial for anyone accused or researching this sensitive subject. This article provides an overview of what domestic assault and battery entail under state law, the potential…
Drug offenses in Massachusetts carry serious legal consequences that can significantly impact an individual’s life. As experienced criminal defense lawyers, we understand the complexities of drug-related charges and the importance of a robust defense strategy. In this article, we will explore the legal implications of drug possession, distribution, and trafficking under Massachusetts law, provide examples…
Driving under the influence of alcohol is a serious offense in Massachusetts, known legally as Operating Under the Influence (OUI). As experienced criminal defense attorneys representing individuals charged with OUI in Massachusetts, our firm educates the public on the laws, penalties, and defensive tactics to protect their rights. Understanding these aspects can help individuals navigate…
Operating Under the Influence, commonly known as OUI, is a serious criminal offense in Massachusetts. It refers to the act of operating a motor vehicle while under the influence of alcohol, drugs, or a combination of both, to the extent that one’s ability to safely operate the vehicle is impaired. In Massachusetts, the legal limit…
In Massachusetts, understanding the complexities surrounding assault and battery charges is crucial. In this comprehensive guide, we aim to shed light on the definitions, degrees, and potential defenses for assault and battery charges, including insights into domestic assault and battery cases. Understanding Assault and Battery: In Massachusetts, assault and battery are distinct but related offenses.…
In the state of Massachusetts, individuals are required to cooperate with law enforcement officers in certain situations, including identifying themselves when lawfully asked by a police officer. Failure to comply with this requirement may result in legal consequences. This article aims to shed light on the laws surrounding the failure to identify to a police…
The Bill of Rights refers to the first ten amendments to the United States Constitution. It was added to the Constitution shortly after its ratification in order to address concerns raised by the Anti-Federalists, who felt that the original Constitution did not sufficiently protect individual rights and liberties. The Bill of Rights was ratified on…
Drunk driving, or operating under the influence (OUI), is a serious crime in Massachusetts. The state has strict laws in place to deter individuals from driving while impaired, and the penalties for OUI are severe. Understanding the charges and consequences of OUI is essential for anyone who may face such charges in the state. In…
Field sobriety tests are a common tool used by law enforcement officers to determine whether a driver is under the influence of alcohol. In Massachusetts, if you are pulled over on suspicion of drunk driving, you may be asked to perform a field sobriety test. While these tests can be useful in determining whether someone…
Assault is a serious crime that involves intentionally causing or attempting to cause harm to another person. When the assault is carried out with a weapon or causes serious bodily injury, it is known as aggravated assault. In Massachusetts, aggravated assault is a felony offense that carries severe penalties, including imprisonment, fines, and a criminal…
Mistakes happen. Perhaps a drink at a bar was stronger than anticipated. Perhaps a new medication unexpectedly reduced one’s tolerance. Now, consequences may be much worse than a ticket. This article will review the possible charges you may face if someone is killed or injured as a result of an accident that occurred while you…
It is a common technique by law enforcement and prosecutors to offer someone accused of a crime immunity in exchange for their cooperation. This cooperation is usually defined as testifying in court as to the details of a crime in which they were involved. The goal of this technique is to exchange the conviction of…
There are two different types of criminal records; one is available to law enforcement, judges, and probation officers, the other is a public record anyone can access. Following a criminal case, sealing or expunging a criminal record can help preserve your future. CARI vs. CORI While the terms CARI and CORI are often used…
It’s easy for attorneys to take for granted the knowledge they have regarding a criminal arraignment. After all, they may find themselves in court several times a week, so the process is second nature to them. Unless you have been involved in a criminal legal process, the things that go on during a hearing can…
When accused of a crime, many clients want to know what strategies are available to them for defending their case. Because criminal courts require that a judge or jury determine guilt beyond a reasonable doubt, it is up to the defense attorney to use a strategy that creates such doubt in a client’s criminal case.…
Wrongdoing is addressed under two different types of cases: criminal and civil. Civil cases generally involve disputes between individuals. These cases are disputed through civil lawsuits. Criminal cases, on the other hand, are considered offenses against the state, or society as a whole. The state is responsible for prosecuting criminal cases. While there may be…
Click to view NBC Boston News coverage of Attorney Michael Franklin representing suspect at arraignment who made threats at the Auburn Mall.
Attorney Michael Franklin comments on pilot program for Worcester Police wearing body cameras.
WHAT TO DO IF YOU ARE STOPPED BY POLICE FOR ALLEGEDLY OPERATING UNDER THE INFLUENCE OF ALCOHOL When you are a motorist being stopped by a police officer it is common to be nervous and anxious and it is also common to want to cooperate with the officer’s instructions so that the unpleasant experience will…
Many people who receive a driving under the influence (DUI) or operating under the influence (OUI) charge, as it is known in Massachusetts, assume that the offense is relatively simple and thus believe they should represent themselves when the case comes to court. Each individual is entitled to do so. However, below are several facts…
If you’ve been pulled over and charged with OUI in Massachusetts, there are three things about Massachusetts OUI/DUI laws that you’ll wish you’d known sooner. Let’s start with some definitions. OUI means “operating under the influence” of alcohol, while DUI means “driving under the influence” of alcohol. While many states refer to drunk driving arrests…
Posted by Michael Franklin In the era of ubiquitous personal technology, it may seem that we have an unbridled right to use our smartphones to photograph or record anything and everything. We may particularly want to record the police to verify that they are serving and protecting the public and not violating individual rights. Be…
Posted by Michael Franklin Are you aware of Massachusetts “social hosting” laws? Social hosting refers to providing alcohol or other illegal substances to a minor that is not your own child on your property or in an environment you control. Especially during graduation time, some parents reason if they provide alcohol at a party at…
By Michael Franklin Massachusetts Field Sobriety Tests are used by law enforcement officers to determine whether someone may be driving under the influence of alcohol or drugs. There are several tests that may be administered however three tests are commonly used: 1. Horizontal Gaze Nystagmus (HGN). The officer will ask the suspect to follow an…