Should you have taken a breathalyzer test?
Probably the most common question that a person arrested for a charge of operating under the influence of alcohol (“OUI”) asks is whether they should have taken a breathalyzer or breath test. Of course, the answer is not always so simple. First, it is important to distinguish between a portable breathalyzer test and […]
What happens if a crime occurs in a courthouse?
Obviously, a courthouse generally is a place where there are numerous witnesses and surveillance cameras. It is also a place that is generally filled with police or court officers. If a crime is alleged to occur in a courthouse, it can be hard to defend for those reasons alone. Additionally, there is sometimes a concern […]
What is a CWOF and should you take it?
If you have or have spent time in a courtroom in Massachusetts you have probably heard attorneys, judges, or probation officers talking about a “CWOF.” “CWOF” is a commonly used acronym for a Continuation without a Finding. It is a way of resolving a case short of a guilty plea. If you accept a CWOF […]
Mental Health and Criminal Law
It is not uncommon for mental health issues to overlap with criminal charges. In some cases, mental health concerns are the root of actions leading to criminality. However, the question often arises as to how mental health interacts with the criminal justice system once someone is charged with a crime. In Massachusetts, there are two […]
Is a criminal case sealed automatically if it is dismissed?
The answer to this question is more complicated than it may appear. Prior to 2023, there was no such thing as automatic sealing of a criminal charge in Massachusetts. If a person wanted to have their criminal record sealed, and thus not readily available on most background checks, they would need to either file a […]
Can I be held without bail on “dangerousness”?
In Massachusetts, a court can hold a person charged with certain crimes in jail, without the right to bail, if the court finds the person to be a danger, and that no conditions of release will ensure the safety of the community, or any specific person. What crimes can a person be incarcerated for […]
