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How to get a Permanent Abuse Prevention order under 209A terminated and the standard used by the courts

Under Massachusetts general law c. 209A, victims of family or household abuse can seek help from the State to prevent further abuse by orders prohibiting a defendant from abusing or contacting the victim, or requiring a defendant to stay away from the victim’s residence or workplace. Any party may seek…

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Appeals Court grants more discretion to judges to infer notice of license suspensions in OUI cases

There are usually opportunities for first-time offenders in OUI cases to accept a lighter criminal punishment in exchange for some admission in court. But many people do not realize that there are always conditions and consequences of these court admissions – although they are not guilty pleas. As in the…

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Vermont Supreme Court upholds heightened DUI penalties for refusing a breathalyzer test for repeat offenders

In Massachusetts, as in many other states, a driver’s prior DUI conviction could increase the severity of any subsequent DUI offenses charged by the district attorney. Many states have laws that enhance penalties for repeated DUI offenders, and even make it a crime to refuse to take a breath test…

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Reckless endangerment statute used in Connecticut to impose criminal liability for preventing DUI fatality involving teens

Two tragic DUI related accidents have resulted in charges in Connecticut for reckless endangerment as a result of failing to prevent the minor from driving drunk, causing the fatalities. As a Massachusetts DUI Lawyer, these cases raise issue of national significance and could set precedent for prosecuting failing to prevent…

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Massachusetts Supreme Judicial Court applies “primary purpose” test in recent Domestic Assault and Battery Confrontation Clause decision

The Massachusetts Supreme Judicial Court applied the “primary purpose test” articulated by the United States Supreme Court in Michigan v. Bryant, 562 U.S. ___ (February 28, 2011) in its recent decision of Commonwealth v. Beatrice. The Beatrice case demonstrates the dangerous erosion of the Sixth Amendment right of confrontation in…

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United States Supreme Court agrees to hear Confrontation Clause case of Williams v. Illinois addressing questions raised in recent Bullcoming decision

The United States Supreme Court has agreed to hear another case raising the issue of the scope of the Sixth Amendment Right of Confrontation. The case of Williams v. Illinois directly raises the confrontation clause issues raised in the concurring opinion of Justice Sotomayor. The filings in the Williams case…

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