Grounds for a New Trial

A Trial Judge has the discretion to grant a new trial at any time it appears an injustice was done. After a Defendant has been tried and convicted, he may have grounds to move the court for a new trial for many reasons.
Generally, the common causes for which a new trial may be granted fall into two categories: One category includes occurrences at trial or in the jury’s verdict which demonstrates that an injustice has been done; and the other category is the discovery of new evidence after the trial, or other developments occurring after the trial or conviction, which demonstrates manifest injustice.

Rate of Heroin in Opioid-Related Deaths Continues to Decline While Fentanyl Overdose Deaths Increase

Fentanyl overdose deaths on the rise

In March of 2016, Governor Baker signed a first-in-the-nation law limiting first-time opioid prescriptions to 7 days. The Administration also revamped its prescription monitoring system, requiring prescribers to use the newly created Massachusetts Prescription Awareness Tool (MassPAT) and check the database before writing a prescription for a Schedule 2 or Schedule 3 narcotic. Since its implementation, MassPAT has been searched more than 4 million times to help doctors care for their patients who receive opioids.

Domestic Assault and Battery on a Household Member

Boston Domestic Violence Criminial Defense Attorneys

In order to understand the new crime of domestic assault and battery you have review the existing crimes of assault and assault and battery. A Battery is when a person intentionally (on purpose), and without justification, touches another person in a harmful or offensive way. A harmful touch is one that is meant to inflict pain or injury, while an offensive touch is often sexual in nature, or injurious to a person’s dignity.

Child Endangerment While Operating Under the Influence of Alcohol or Drugs

Child Endangerment, DUI OUI Defense Attorney

DCF will often get involved in situations where children were passengers in a motor vehicle that was pulled over for OUI. The courts will notify DCF that a child was in the vehicle and they will likely undertake an investigation to determine what is in the best interest of the child. DCF could take temporary custody of the child and any other children living in the defendant’s home. DCF would then create a care plan that would put in place alcohol treatment and supervised parental visits. In extreme cases DCF can take permanent custody and place the children in foster care.

Misdemeanor & Felony Motor Vehicle Homicide

DUI Arrest Criminal Defense Attorneys

The major difference between misdemeanor motor vehicle homicide and felony motor vehicle homicide is that in felony motor vehicle homicide the Commonwealth has to prove that the defendant both operated under the influence and operated negligently or recklessly as opposed to misdemeanor motor vehicle homicide where it is enough show that the defendant was either under the influence or operated negligently or recklessly.

Active Duty Military and Veteran Defense

Pretrial Diversionary Programs - The Valor Act

The Valor Act, otherwise known as “An Act Relative to Veterans’ Access, Livelihood, Opportunity and Resources,” was passed into law in 2012 as M.G.L.A. 276A § 10-11. The Valor Act gives district court judges the option to divert eligible active duty military or veterans instead of formally charging them with a crime and then prosecuting them. This law can be very valuable to a criminal defense attorney that represents an eligible veteran or active duty serviceman. Unfortunately there are many criminal defense attorneys in Massachusetts that are not even aware of this defense.