Can a 911 call be entered in evidence at trial? This is a question that I get often from clients, and the answer is “it depends.” At trial, the most powerful testimony is that of someone on the stand, speaking to the jury. Witnesses, oftentimes alleged victims of crimes, are afforded the opportunity to be heard. But sometimes witnesses are unavailable or unwilling to testify. What then?
The Supreme Court and the Massachusetts SJC have […]
At arraignment, an entry is created on a defendant’s Board of Probation (BOP) record. This record, sometimes called a “rap sheet,” is an overview of your criminal history and includes juvenile court records, adult court records and restraining orders. Judges have access to all this information and use it when making decisions regarding bail and plea deals.
As you might imagine, less is more; that is, the fewer entries on the BOP, the […]
There has been a lot written lately about how the jury trial is an endangered species. While it it true that most criminal complaints resolve short of a jury trial (through a plea deal) many cases can and must go to trial.
Many serious offenses in the Commonwealth, such as Indecent Assault and Battery Under 14, require those convicted to register as sex offenders; the laws are often written to prohibit defendants from making plea deals to avoid the registration requirement. […]
If you are reading this post, chances are that you have at least one and probably multiple social media accounts. Facebook, Instagram, Twitter, etc. are all great platforms to share your passions and stay connected with friends and family. But what you share can also be used by people who are not your friends.
Take, for instance, the case of an auto accident. If you have been injured and are seeking compensation, you must be sure […]
Massachusetts laws are often written in colorful or archaic language. One such example concerns the offense of “Carrying a Dangerous Weapon” (M.G.L. ch. 269 §10).
Subsection (b) of this law deals with non-firearm weapons, and begins by enumerating a long list of weapons that are inherently dangerous, including a:
“stiletto, dagger or a device or case which enables a knife with a locking blade to be drawn at a locked position, any ballistic knife . . . dirk knife, any […]
Bail is a very important matter for those facing criminal charges. At arraignment, the Commonwealth, though the Assistant District Attorney, will often request bail. The Defense Attorney will also make a bail request, and then the judge must decide how much bail, if any, to impose.
A recent decision by the Supreme Judicial Court (SJC) has outlined the factors to be considered in setting bail. The most important development from this new ruling, Brangan v. Commonwealth […]
A quick word to friends who are considering engaging in civil disobedience. Be prepared! If you disobey police orders, you are subject to arrest.
The police have broad power to enforce public order. During a protest, instigators are subject to arrest for “public order offenses” such as affray and disturbing the peace. Though the Boston Police tend not to arrest people in en-masse, if you repeatedly disobey an officer’s order, you will probably be arrested. (Note, State Police and Federal law […]
Barison Law is proud to announce our new home, 100 Cambridge St. in Downtown Boston. Our new location is easily accessible from Bowdoin, Government Center, Charles/MGH, Haymarket and North Station. We look forward to serving you!
New Mailing Address:
Matthew K. Barison, Esq.
100 Cambridge St., 14th Floor
Boston, MA 02114
In a move that has upset liberals, conservatives, tokers and teetotalers alike, the Massachusetts Legislature passed a bill yesterday delaying the opening of retail marijuana shops by six months.
As you may recall, this November, Massachusetts voters approved a ballot question legalizing marijuana. The ballot question made possession legal as of December 15, and gave the Commonwealth until January 1, 2018 to devise a regulatory structure governing retail sales. Thus, pot shops were set to open in 2018, thereby […]
The election of Donald Trump has caused a great deal of concern amongst those who may be impacted by his policies. Fortunately, for those of us in Massachusetts, the Commonwealth has strong anti-discrimination laws that will remain in effect regardless of changes to Federal laws. If you are being harassed based on your minority status (race, age, sex, disability, national origin, sexual orientation) please don’t hesitate to contact me. Additionally, if you are in a same-sex partnership with a child, […]
