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We discuss issues involving criminal law and family law in Massachusetts. At Afford Law, our mission is to provide high-quality legal representation at an affordable price. When setting fees, we use a sliding scale based on your income. The less you make, the less we charge.
Divorce is a challenging process, especially when it involves not only the emotional aspects but also the division of marital assets, including a business. Protecting your business interests during a divorce can be both a complex and crucial endeavor. With this guide, we'll walk you through various strategies and considerations to help you safeguard your business while navigating the divorce process.
If you're considering divorce in Massachusetts, you may be wondering what the process entails. From filing to finalizing, understanding the steps involved can help you navigate this challenging time. In this video, we'll provide a detailed, step-by-step guide to the divorce process in Massachusetts. Whether you're representing yourself or working with an attorney, this information can help you better understand what to expect. We'll cover everything from filing for divorce to reaching a settlement agreement, discussing important considerations along the way. You'll learn about the role of the courts, how property is divided, and what factors are considered in determining child custody and support. We hope this video provides valuable insights into the divorce process in Massachusetts. While every divorce is unique, this information can help you be better prepared and more confident as you move forward.
You may want to end your marriage but are afraid you can’t afford it. Divorce is an unfortunate reality for many couples in Massachusetts. Divorce proceedings can be emotionally and financially taxing for both parties, and it’s important to have a good understanding of the financial implications of divorce in order to make the best decisions for your future. In this article, we will explore some of the key financial considerations to keep in mind during divorce proceedings in Massachusetts.
Division of Assets
One of the most significant financial implications of divorce is the division of assets. This includes all financial assets, such as bank accounts, retirement accounts, and investment accounts, as well as physical assets like the family home. In Massachusetts, marital property is divided equitably between the divorcing couple. This means that property is divided fairly, but not necessarily equally. The court takes into account factors such as:
· the length of the marriage:
· the income and earning potential of each spouse: and,
· the standard of living established during the marriage.
Credit Cards and Debt
Credit card debt is another important consideration during divorce proceedings. In Massachusetts, credit card debt is generally considered joint debt, even if only one spouse incurred the debt. This means that both parties are responsible for paying it off, and failure to do so can have a negative impact on your credit score. As your divorce attorney, we’ll help determine how credit card debt will be divided and how to manage outstanding debts during and after the divorce process.
Spousal Support
In Massachusetts, spousal support (also known as alimony) is awarded based on the financial situation of both parties. Factors such as:
· the length of the marriage;
· the income and earning potential of each spouse: and
· the standard of living established during the marriage
are taken into account when determining spousal support payments.
Child Support
Child support payments are another important consideration during divorce proceedings. In Massachusetts, child support payments are determined based on several factors, including:
· the income of both parents,
· child-care costs,
· health insurance costs; and,
· the needs of the child.
The idea is to ensure that child support payments are fair and reasonable.
Health Insurance and Social Security
Divorce can also have an impact on your health insurance and social security benefits. If you are covered under your spouse’s health insurance plan, you may need to find new coverage. Additionally, you may be entitled to social security benefits based on your spouse’s earnings, but there are certain eligibility requirements that must be met.
Legal Fees and Cost of Divorce
It’s important to consider the cost of divorce when making financial decisions. Legal fees can add up quickly. The average divorce costs $12,000. We offer our services for much less. At Afford Law, we provide experienced legal help you can afford. Our fees are based on your income, so the less you earn, the less you pay.
Starting a New Life
Divorce can be a difficult time, but it’s also an opportunity to start a new life. It’s important to take time to assess your financial situation and prepare for the future. It’s also important to take time for yourself and embrace this new chapter of your life.
Divorce is never an easy process, but contested divorce cases can be particularly difficult to navigate. A contested divorce is a type of divorce where the spouses are unable to agree on the terms of the divorce. This can include issues such as child custody, child support, spousal support, and property division. In Massachusetts, the contested divorce process can be complex, lengthy, and expensive, and it is important for divorcing couples to understand the process and seek legal advice.
One of the first steps in a contested divorce is for one spouse to file a divorce petition with the court. The other spouse will then have a certain amount of time to respond to the petition. Once the divorce action has been filed, there is usually a waiting period before the divorce trial can begin. During this time, the spouses may need to attend court hearings to address important matters such as temporary orders for child custody and support.
It is important for both spouses to seek their own attorney during a contested divorce. This will ensure that each spouse has someone advocating for their best interests throughout the divorce proceedings. An experienced divorce attorney can provide legal representation and guidance throughout the process, from helping with the preparation of divorce papers to negotiating a divorce settlement.
The discovery process is a key part of a contested divorce case. This is where each spouse’s attorney will request and exchange information and documents relevant to the case. This can include financial records, retirement account information, and any other assets or debts that will need to be divided. In some cases, expert witnesses may also be brought in to testify on certain issues.
If the spouses are unable to come to an agreement on the terms of the divorce, the case will go to trial. During the divorce trial, the court will hear evidence and arguments from both sides and make a final decision on the terms of the divorce. The trial date can be several months or even years after the initial divorce action was filed.
There are several different types of divorce in Massachusetts, including fault and no-fault divorce. In a fault divorce, one spouse must prove that the other spouse is at fault for the breakdown of the marriage. This can include grounds such as adultery, desertion, or cruelty. In a no-fault divorce, the spouses do not need to prove fault, and can simply state that there has been an irretrievable breakdown of the marriage.
One of the major issues in a contested divorce is property division. Massachusetts is an equitable distribution state, which means that marital property is divided fairly, but not necessarily equally, between the spouses. Marital property includes any assets or debts that were acquired during the marriage, while separate property includes assets or debts that were acquired before the marriage. This can include community property such as a family home, retirement accounts, and bank accounts.
Child custody and child support are also major issues in a contested divorce. In Massachusetts, the court will make decisions regarding child custody based on the best interests of the child. This can include factors such as the child’s age, health, and relationship with each parent. Child support is calculated based on a number of factors, including the income of each parent, the number of children involved, and the amount of time each parent spends with the children.
Spousal support, also known as alimony, may also be awarded in a contested divorce case. This is typically paid by one spouse to the other to help support them financially after the divorce. The amount and duration of spousal support will depend on a number of factors, including the length of the marriage, the income and earning potential of each spouse, and the lifestyle of the couple during the marriage.
Divorce can be a difficult and emotional process, but it doesn't have to be an adversarial one. In Massachusetts, couples have the option to pursue mediation as a way to settle their divorce outside of the courtroom. Mediation can be a great alternative for couples who are looking to minimize the conflict and expense of traditional divorce proceedings.
What is Mediation?
Mediation is a process where a neutral third party, the mediator, helps the couple work through their divorce issues and reach an agreement. Mediation can cover a wide range of topics, including child custody, parenting time, child support, alimony, property division, and any other issues that need to be resolved as part of the divorce.
The mediator's role is to facilitate communication between the couple and help them explore their options for resolving their issues. The mediator does not make decisions for the couple, but instead, helps them reach an agreement that works for both parties.
Benefits of Mediation
There are many benefits to pursuing mediation as a way to settle your divorce in Massachusetts. Here are just a few:
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Cost-effective: Mediation is generally less expensive than going to court. Instead of hiring attorneys to represent each spouse in court, the couple hires a mediator to help them reach an agreement.
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Faster: Mediation can be completed in a matter of weeks or months, whereas a court case can take years to resolve.
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More control: In mediation, the couple has more control over the outcome of their divorce. They are the ones who make the decisions about how to divide their property, allocate parenting time, and so on.
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Less adversarial: Mediation is a more collaborative process than going to court. The couple works together to find solutions that work for both parties, rather than each spouse trying to "win" in court.
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Confidential: Mediation is a confidential process, so the couple's personal and financial information is not made public.
Is Mediation Right for You?
Mediation is not the right choice for every couple. It requires both spouses to be willing to work together to reach an agreement, and it may not be appropriate in cases where there is a history of domestic violence or abuse.
However, if you and your spouse are able to communicate and are willing to work together, mediation can be a great way to settle your divorce in a more peaceful and cost-effective way. It can also be a good option for couples who want to maintain a civil relationship after their divorce, especially if they will be co-parenting.
When a child support order is issued, it is often based on the financial circumstances of the parents at the time. However, these circumstances can change over time, and a modification to the child support order may be necessary. In this blog post, we will explore the reasons for modifying child support orders and the process for doing so.
Reasons for Modifying Child Support Orders
There are several reasons why a child support order may need to be modified. These include:
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Change in Income: If either parent experiences a significant change in income, this may warrant a modification to the child support order. This could be due to a job loss, change in employment, or change in income due to other circumstances.
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Change in Custody: If there is a change in custody of the child, this may require a modification to the child support order. For example, if the custodial parent is no longer able to provide full-time care for the child, the non-custodial parent may need to assume a greater share of the financial responsibility for the child.
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Change in Needs of the Child: If the child's needs change, this may warrant a modification to the child support order. For example, if the child develops a medical condition that requires additional expenses, the child support order may need to be adjusted to reflect this.
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Change in State Guidelines: Child support guidelines vary from state to state, and these guidelines may change over time. If there is a change in the state guidelines for child support, this may require a modification to the child support order.
Process for Modifying Child Support Orders
The process for modifying a child support order will depend on the state in which the order was issued. However, the following steps are generally involved:
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Request for Modification: The first step in modifying a child support order is to request a modification from the court. This request can be made by either parent, but it must be supported by evidence of a significant change in circumstances.
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Filing the Request: The request for modification must be filed with the court that issued the original child support order. The filing fee may vary depending on the state, but it is typically a few hundred dollars.
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Serving the Other Parent: The other parent must be served with the request for modification and given an opportunity to respond. If the other parent agrees to the modification, the process may be relatively straightforward. However, if the other parent contests the modification, the process may become more complicated.
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Negotiation: If the other parent contests the modification, the parties may need to negotiate a new child support order. This may involve mediation or other forms of alternative dispute resolution.
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Court Hearing: If the parties are unable to reach an agreement, a court hearing will be scheduled. Each party will have an opportunity to present evidence and argue their case before a judge.
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Decision: After considering the evidence and arguments presented at the hearing, the judge will make a decision regarding the modification of the child support order. The decision will be based on the best interests of the child and the financial circumstances of the parents.
Divorce can be a difficult and emotional process for everyone involved. In Massachusetts, like many other states, there are rules and laws in place to ensure that the divorce process is fair and just for both parties. One of these rules is known as contempt of court. In this blog post, we will explain what contempt of court means in a Massachusetts divorce and why it is important.
Contempt of court is when someone intentionally disobeys a court order or rule. This can include things like failing to pay child support or alimony, violating a custody agreement, or not following property division orders. Contempt of court can also occur if someone does something that interferes with the court's ability to do its job, such as disrupting a court hearing.
If someone is found to be in contempt of court in a Massachusetts divorce case, they can face serious consequences. The court may order them to pay fines or even serve time in jail. This is because when someone ignores or disobeys a court order, it undermines the authority of the court and can cause harm to the other party in the case.
In a divorce case, contempt of court can be a serious issue. For example, if one party fails to pay child support as ordered by the court, this can cause financial hardship for the other party and the children involved. This is why it is so important to follow court orders and rules in a divorce case.
It is also important to note that if someone believes the other party is in contempt of court, they must follow certain procedures to bring this to the attention of the court. This usually involves filing a motion with the court and providing evidence of the other party's violation of the court order. It is not enough to simply accuse the other party of contempt without evidence.
Another important thing to understand about contempt of court is that it is not a tool to be used lightly. If someone files a motion for contempt of court and it is found to be frivolous or without merit, they may be ordered to pay the other party's attorney's fees and other costs associated with defending against the motion. This is why it is important to only file a motion for contempt of court if there is clear evidence of a violation of a court order.
In conclusion, contempt of court is a serious issue in a Massachusetts divorce case. It is important to follow all court orders and rules, and to take any violations seriously. If someone believes the other party is in contempt of court, they must follow the proper procedures to bring this to the attention of the court. By doing so, they can help ensure that the divorce process is fair and just for everyone involved.
When a couple goes through a divorce in Massachusetts, one of the most important issues to be resolved is the custody of their children. Typically, a child custody order will be established during the divorce proceedings, outlining the responsibilities and rights of each parent regarding the children. However, as time passes, circumstances can change, and parents may need to modify the custody arrangement. In this blog post, we will discuss how to modify child custody orders in Massachusetts.
Grounds for Modification
In Massachusetts, a parent seeking to modify a child custody order must demonstrate that there has been a material and substantial change in circumstances since the original order was issued. The change must be significant enough to warrant a modification of the existing order. Common examples of material and substantial changes in circumstances include:
1. Relocation: One parent moves to a different city or state, making it difficult for the existing custody arrangement to continue as planned.
2. Parental incapacity: One parent develops a medical or mental health condition that prevents them from properly caring for the child.
3. Changes in the child’s needs: The child’s physical or emotional needs have changed, making it necessary to modify the existing custody arrangement.
4. Changes in the parent’s living situation: One parent gets remarried, or the existing living situation becomes unsuitable for the child.
5. Parental misconduct: One parent engages in behavior that is harmful to the child’s welfare.
The Process for Modifying a Child Custody Order
To modify a child custody order in Massachusetts, a parent must file a motion with the court that issued the original order. The motion must state the reasons for the requested modification and provide evidence to support the claim that there has been a material and substantial change in circumstances. The parent must also serve a copy of the motion on the other parent and file proof of service with the court.
Once the motion is filed, the court will schedule a hearing to determine whether a modification is appropriate. At the hearing, both parents will have the opportunity to present evidence and argue their case. The judge will consider factors such as the child’s best interests, the parents’ ability to cooperate, and the child’s relationship with each parent. Based on this information, the judge will make a decision on whether to modify the existing custody order.
It is important to note that the court will not modify a custody order unless it is in the best interests of the child. The judge will consider many factors when making this determination, including the child’s age, the child’s relationship with each parent, the child’s educational and medical needs, and each parent’s ability to provide for the child’s physical, emotional, and developmental needs.
Conclusion
Modifying a child custody order can be a difficult and emotional process, but it may be necessary to ensure that your child’s best interests are being met. If you believe that a modification is necessary, it is important to work with an experienced family law attorney to navigate the legal process effectively. Remember, the court will always prioritize the best interests of the child, and any decision to modify a custody order will be based on that principle.
Going through the divorce process can be a challenging and emotional experience for all parties involved. In Massachusetts, the court can issue temporary orders in family law cases to help manage the process and provide some stability until the divorce is finalized. Temporary orders can cover a wide range of issues, including child custody, child support, spousal support, and property division. In this blog post, we will explore the temporary order process in Massachusetts divorce proceedings and what you need to know.
What are temporary orders?
Temporary orders are court orders that address the immediate needs of the parties involved in a divorce case. These orders are typically issued early on in the process and remain in effect until the final divorce decree is entered. Temporary orders can cover a wide range of issues, including child custody, child support, spousal support, and property division. The goal of temporary orders is to provide stability and direction during the divorce process.
What to Expect at Your Temporary Orders Hearing
Temporary orders are typically issued through a hearing in front of a judge. The hearing can be requested by either party or ordered by the court. The hearing provides an opportunity for both parties to present their case and provide evidence to support their position. The judge will then issue an order that addresses the issues presented.
What Issues Can Temporary Orders Address?
Temporary orders can address a wide range of issues related to the divorce process. Some of the most common issues that temporary orders can address include:
Temporary Child Custody: Temporary orders can establish a temporary custody arrangement for any children involved in the divorce. This can include establishing a primary custodial parent and a visitation schedule for the non-custodial parent.
Temporary Child Support: Temporary orders can establish a temporary child support order. The order will typically be based on the income of both parties and the needs of the children.
Temporary Spousal Support: Temporary orders can establish a temporary spousal support order. The order will typically be based on the income of both parties and the needs of the recipient spouse.
Temporary Property Division: Temporary orders can establish a temporary property division plan. This can include establishing temporary possession of the marital home, assigning responsibility for paying certain bills, and dividing other marital assets.
There's no law to stop you from dating before your divorce is final. It's generally not a good idea, however. Dating during your divorce can have significant consequences. For instance, your new partner could be dragged into your divorce proceedings. Further, the outcome of your divorce could be impacted. You may be adversely affected in the division of your assets or debts. Child custody may also be effected. All in all, it's best not to start a new relationship while you're still legally married.
Getting divorced is not a quick process. The actual amount of time it takes varies greatly. Several factors effect the overall length of the process, most importantly, whether it is contested or an uncontested. Factors that prolong the process include the length of the marriage, how many assets and debts are involved and whether there are minor children.
Mediation can be help in an uncontested divorce. Mediation is a great tool to help you come to an agreement with your spouse over your divorce terms. Mediators work with you and your spouse to find common ground so you can move on with your life.
In Massachusetts, there are two types of divorces: contested and uncontested. An #uncontested #divorce is one in which you and your spouse agree to all the terms of the divorce. That means that you agree on how to divide your assets, your debts, you agree on alimony, child custody, and child support among other issues. If there is even one issue that is not agreed upon, you must go down the contested divorce track.
A recent study showed that 80% of the time, the wife in the marriage files for divorce. That surprised me. I knew that women were more likely to file for either an contested or an uncontested divorce, but I didn't expect it to be that lopsided.
There are several theories as to why that is. One is that marriage is still a tenderized institution. That means that even in our enlightened times, gender roles are still very traditional. the woman is often still responsible for the upkeep of the home and child raising.
Another theory is that women are just more tuned in to relationships. They notice that something is wrong well ahead of the man. In fact, it's not unusual for the man to be taken by surprise when she tells him that she wants a divorce. By the time she says those words, she's already made her decision.
It used to be that divorcing parents had to complete a parenting class for a Massachusetts uncontested divorce. That's no longer the case. As of July 2021, those classes are no longer required.
Getting an uncontested divorce in Massachusetts requires a number of steps. First, you must gather information and complete paperwork. You will also have to attend a hearing at court. At that hearing, the judge will ask you many questions about your paperwork and your marriage. If all goes well, your divorce will be complete 120 from that hearing date.
If you owe back child support, you could be facing many serious consequences. Being in child support arrears could ultimately land you in jail. There are other things that can arise from delinquent child support, none of them good.
The documents needed for divorce in Massachusetts fall into two categories: 1. documents needed for all divorces; and, 2. documents needed if there are children involved.
Some divorce paperwork is easier to fill out than others. For some, you only need to give your name, address, date of birth, etc. Some documents are not forms. They need to be made by you from scratch.
In Massachusetts, courts use a child support guidelines worksheet when setting the amount of child support. After taking several factors into consideration, a child support amount is produced. The question sometimes comes up, can the court deviate or change that number. The answer is, yes, under certain circumstances. As with all things involving children in family court, the best interest of the child is the most important consideration.
Parents' income is one of the factors in determining child support in Massachusetts. In this context, income means gross income. That includes all sources of revenue.
There are many factors that go into deciding how much child support will be ordered. They include: the parents' income, the number of children, and health insurance costs. The court has the discretion to deviate from the guidelines.
Alimony is money paid by one spouse to the other. The judge will set an amount of time that alimony has to be paid. Other than that time limit, alimony can be stopped for a number of reasons.
Child support and visitation/parenting time are two separate issues. If your ex isn't paying child support, you can't deny them visitation. It's in your child's best interest to have a relationship with both you and your ex. If they aren't paying support, you should file a contempt of court action and ask the judge for help.
Conversely, you can't stop paying child support if your ex won't let you see the kids. Child support is for the benefit of the children. As such, it is your obligation to make those payments.
You can be charged and convicted of a crime even if you're not present during the commission of that crime. That is possible under the joint venture theory. In order to be found guilty under this theory, the Commonwealth must prove two things, that you:
- Knowingly and intentionally participated in the commission of the crime in a meaningful way; and
- Shared the same intent as the principal.
Some common examples of joint theory are:
- being the getaway driver;
- distracting someone while an accomplice steals from them; and,
- paying for drugs that someone else picks up.
The one-leg raise test is part of the standardized field sobriety tests battery. There are three such tests including the 9-step walk and turn, and the horizontal gaze nystagmus (HGN) test. Studies show that when given correctly, these tests accurately determine if a person is under the influence of alcohol. These tests are given by police officers when they suspect you of operating under the influence of alcohol.
The horizontal gaze nystagmus (HGN) test is part of the standardized field sobriety tests battery. There are three such tests including the 9-step walk and turn, and the one-leg raise. Studies show that when given correctly, these tests accurately determine if a person is under the influence of alcohol. These tests are given by police officers when they suspect you of operating under the influence of alcohol.
If you’re suspected of operating under the influence, you will be given field sobriety tests by the police officer. These are split-attention span physical coordination tests. They are designed to see if you can focus and follow directions when more you’re being asked to do more than one thing at a time.
There is a series of standardized field sobriety tests that consist of:
- The horizontal gaze nystagmus test;
- The 9 step walk and turn test; and,
- The one-leg raised test.
The nine step walk and turn test requires that you be able to follow directions and walk in a straight line, turn, and return on a straight line. Failing this test will lead the officer to believe that you are under the influence and will more likely charge you with drunk driving.
A home visit from a Guardian ad Litem (GAL) is an extremely important event. It can have a huge impact on the outcome of your child custody case. The GAL is trained to look for several things. One of the most important issues is the safety of your children. They will be looking to see if you are a fit parent. They start by making sure that your home is a safe environment for your children. Is there food in the refrigerator? Are you in a safe neighborhood? Are there dangerous people around your children? These are just some of the many things a GAL will investigate.
A deposition is one of the discovery methods. Discovery is the process of getting information from the other party. A deposition is like a mini trial except there is no judge present. It usually takes place in a lawyer’s office. Each deposition has only one witness. There is a stenographer and it is usually audio or video recorded.
Just like a trial, the witness is under oath. There are lawyers for each side present. Whichever attorney schedules the deposition begins the questioning. The other attorney can object to questions they find to be inappropriate. Since there is not judge there, the objection preserves that attorney’s right to challenge the question and answer at a later time.
Getting divorced takes a time. During that time, you have to live your life. Issues have to be addressed in the meantime such as:
- Child custody;
- Child support; and,
- Spousal support;
These issues are addressed in Temporary Orders. Very often, one side or the other files a Motion for Temporary Orders to get things in place during the divorce. Those orders have the full force and effect of a final order, but on a short-term basis.
A compliance and election date serves two purposes:
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Compliance - Sometimes the Commonwealth doesn’t have the discovery we’re seeking. They need to get it from someone else. If appropriate, the Court will order them to do so. At the next court date, they must comply with the Court’s Order and provide it to us. If they don’t they could face sanctions such as not being able to use that information at time of trial.
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Election - Here we’re deciding, or electing, whether to go to trial. It’s time to decide if you wan’t to plea out to your case or take it to trial.
If you're charged with a crime in Massachusetts, your first appearance in court is at your arraignment. At that time, the prosecution may ask the judge to set bail on your case. If the judge does so, you must come up with that money in order to be released.
If you can't raise enough money for bail, you can take your case to a bail appeal. A bail appeal takes place in the Superior Court. In such a case, we're asking the Superior Court judge to lower the bail that the District Court judge set on your case. Sometimes we can get it reduced to personal recognizance. In that case, you don't have to post any money to get out.
If you’re on probation and violate your conditions of probation, you can be presented to the court as a probation violator. If so, you will have to appear in court and schedule a probation violation hearing. At that first appearance, your probation officer may ask the court to detain you. If that is allowed, it means that you will be held in custody until your hearing.
At the probation detention hearing, the probation department must firs convince a judge that there is probable cause to believe you violated your probation conditions. The judge must then decide whether or not to hold you in custody. They will consider many factors, including:
i. the probationer's criminal record;
ii. the nature of the offense for which the probationer is on probation;
iii. the nature of the offense or offenses with which the probationer is newly charged, if any;
iv. the nature of any other pending alleged probation violations;
v. the likelihood of probationer's appearance at the probation violation hearing if not held in custody; and
vi. the likelihood of incarceration if a violation is found following the probation violation hearing.
You’ve been arraigned on a criminal charge in Massachusetts. While your case is open, you get picked up on a new charge. The Commonwealth may move for a revocation of bail on your open matter. That means that the judge could hold you in custody for up to 120 days without the chance to be bailed out. You need an experienced criminal defense attorney that you can afford. We will argue that your bail should remain in place and you should remain free. As long as you’re out, you can fight your case, keep your job and be with your family.
Bail is money that is posted in order for you to be released from custody. If someone else posts your bail, they are known as a surety. If you show up for court, your bail is returned at the end of your case.
The purpose of bail is to ensure that you show up for court. It is not supposed to be a punishment. There are several factors that are considered by a judge when setting bail. The most important factors are your ties to the community; whether you're a flight risk; and your record of defaults.
Criminal possession is when you have illegal items under your control. In order to be found guilty, you must have knowledge of the item and the ability and intent to exercise control over it. Constructive possession is when the item is not on you physically. It’s not in your hand, your pocket or your purse. You can constructively possess something that is miles away from you. Constructive possession of a firearm or constructive possession of drugs are two common crimes. If you’re wondering how to beat a constructive possession charge, look to the elements of the crime.
We might be able to argue that you had no knowledge of the contraband. Let’s say you’re the passenger in a car where drugs are found under the seat. We could successfully argue that you had no idea they were there. Similarly, we could argue that even if you knew they were there you didn’t have the ability or intent to control them. Perhaps you knew that someone else had them in the car but you weren’t part of buying them and didn’t have any plans to consume them.
A good constructive possession defense begins with the facts of your case. We will work with you to get your side of the story so we can protect your rights.
We’ve discussed what happens at a pretrial conference. The next question is what happens after a pre-trial conference. What comes after pre trial conference depends on the facts of your case. There are several different options. Your case might be suitable for:
- A Motion to Dismiss;
- A Motion to Suppress;
- A further pretrial hearing;
- A compliance and election date;
- A disposition date; or
- A trial date.
Each of those events have a different purpose. Which event is right for you will have to be discussed with your criminal defense attorney.
At Afford Law, we have experienced, affordable criminal defense attorneys ready to help you. Call today for a free, virtual consultation. 508-453-1250. At Afford Law, we’re making justice affordable.
Oftentimes, we’re asked “can you go to jail at a preliminary hearing?” Although, it’s possible for you to go to jail at a pretrial hearing, it’s unlikely. The purpose of a pretrial hearing is to gather information and discuss your case. We may be able to arrange a plea agreement that is acceptable to you. What happens at a pretrial hearing is we negotiate with the prosecution and exchange discovery. This phase generally does not involve being taken into custody.
There are some circumstances that could land you in jail, however. These situations are things that happen outside of the pretrial conference itself. Typically, the things that could cause you to be taken into custody include:
- Violations of pretrial conditions of release;
- Picking up a new criminal charge; and
- Having bail returned to the surety.
Cases can be dismissed at a pretrial hearing, but that’s rare. A dismissal at this point is only at the prosecution’s request. That means it’s completely up to the government to make that decision. A judge can’t dismiss a case over the Commonwealth’s objection. Your case can get dismissed further down the road, but that must be based on some issue of law.
Motion to Dismiss - here, we’re asking the court to dismiss one or all of the charges against you. Hearings on Motions to Dismiss can be evidentiary, where live testimony is taken from witnesses. Or they can be non-evidentiary. These types of hearings are called DiBennedetto, or four-corners hearings. In such a motion, we’re saying that there isn’t sufficient probable cause in the police report for your case to proceed.
At Afford Law, we have experienced, affordable criminal defense attorneys ready to help you. Call today for a free, virtual consultation. 508-453-1250. At Afford Law, we're making justice affordable.
Your divorce has been filed with the court. It will take a long time before it's final. What do you do in the meantime? Who has custody of your children? When can you see them? Who's paying child support and how much?
That's where temporary orders come in. Oftentimes, one party will file for temporary orders to spell out each party's obligations. Such orders address pressing issues relating to your finances, your home and your children.
Motion to Suppress
What is a Motion to Suppress in Massachusetts? A Motion to Suppress is where we’re asking a court to prevent certain information from being admitted at trial. If our Motion to Suppress is allowed, it can end your case. Oftentimes, the Commonwealth can’t proceed with their prosecution of you without that evidence. Many criminal cases are won at the Motion to Suppress hearing.
There are many things that we can ask to be excluded. The most common ones are:
- Items - such as guns or drugs;
- Statements - incriminating statements you made to the police; or
- Eyewitness identifications - if your case involves a witness identifying you as the perpetrator.
One recent example is a case we handled where the police arrived at the scene of an alleged domestic disturbance. They positioned themselves so our client could not walk out of the room. They asked him for information about what happened. During that conversation, he made incriminating statements that he did in fact put his hands on his girlfriend. We were able to successfully argue that the conversation with the police was, in fact, a custodial interrogation requiring the police to advise our client of his Miranda rights. Without those damaging statements (the alleged victim refused to testify) the case was dismissed at trial.
The purpose of a pretrial conference is to bring the parties together to discuss your case. The purpose of a pretrial hearing is two-fold: 1. to gather discovery and, 2. to negotiate a plea, if possible.
Discovery is the exchange of information between the Commonwealth and us. The prosecution must turn over to us any information which would be helpful in our case. We have an obligation to provide discovery to the government as well, but to a lesser degree.
The pretrial conference is when plea negotiations begin. If your case can settle prior to trial, this is the time to do it. After the final pretrial conference, we must decide whether to plea out your case or take it to trial.
The marital privilege is a rule of evidence which prevents the Commonwealth from forcing one spouse to testify against the other spouse. The couple must be legally married for this privilege to apply. There are exceptions to this rule such as crimes that are committed against children. The spouse who is the alleged victim is the one who holds the privilege. That means that they may choose whether or not they will testify.
A parenting plan is a written outline of major child custody and child care issues. It outlines who has physical and legal custody of the children. It also should include issues for when the children are older. Who will babysit? Can one parent move with the children? What about new partners of the parents?
Child support is financial assistance paid by the non-custodial parent to the custodial parent. The purpose is to help support the child. Child support does not automatically end when the child turns 18. A probate and family court judge can extend child support until the child is 23 years old, or beyond. The paying parent cannot simply stop paying. A court order is needed. In order to halt child support payments, that parent must file a Motion to Modify Child Support. It then must be approved by the judge.
What is the Meaning of Alimony?
Alimony is money a judge orders one spouse to pay the other when a couple divorces. The money is to help support the spouse who gets it. The goal of alimony is to provide spousal support in order that they continue the lifestyle to which they are accustomed to after the divorce.
How Does Alimony Work?
Alimony is paid by one spouse who has the ability to pay to the other spouse in need of support for a period of time. Only people who are divorcing or are divorced can ask for and receive alimony. If alimony is ordered, it can be in the form of:
- a lump-sum payment,
- a property transfer, or
- periodic monthly payments.
Periodic alimony awards are the most common and require one spouse to pay a certain amount to the other each month.
Do I Have to Pay Alimony?
Alimony is not ordered in every divorce case. It’s awarded on a case-by-case basis. It depends on the financial circumstances of the parties. In deciding whether to award alimony, a judge will look to several factors such as:
- the length of the marriage
- the age and health of each spouse
- each spouse’s income
- each spouse’s employment and employability (including whether additional training is necessary for a spouse to become employed)
- each spouse’s economic and non-economic contributions to the marriage
- the couple’s lifestyle and standard of living when married, and
- any economic opportunities either spouse lost as a result of the marriage.
In addition, the court may consider any other factors it deems relevant.
When you're facing a criminal charge, your biggest concern is whether you're going to jail. That possibility is frightening to say the least. Beyond your loss of freedom, your incarceration can have a huge impact on your job and your family. How will they get by without you?
We can't tell you whether you'll go to jail or not, but there are some important factors every judge considers when making that decision. Learn more about them.
In Massachusetts, there are certain crimes that carry a minimum mandatory sentence. That means that a judge cannot sentence you to anything less than that minimum sentence. You can't plea out to anything less and if you're found guilty after trial you face the same fate.
What is an arrest warrant? It's an order by the court empowering police officers to place you in custody. There are three main types of arrest warrants that we typically see:
- Straight Warrants;
2.Default Warrants; and - Probation Warrants.
Each arise from different circumstances. But they can all land you in jail.
Sometimes a warrant will issue, but the police don't go out looking for you. That warrant just stays in the system lying dormant. If you get pulled over for speeding, for example, the police will run you through the system. It's at that time that the warrant pops up and you will be placed under arrest.
A parent cannot deny visitation/parenting time to the other parent based on the other parent's lack of child support. Visitation/parenting time and child support are two separate issues. The non-custodial parent's visitation rights are not based on their payment of child support. The idea is that it is in the best interest of the child to have a relationship with both parents. Denying parenting time to a non-paying parent would deprive the child.
Similarly, a non-custodial parent cannot stop paying child support because they are not receiving their parenting time with the child. The support is for the child, not the other parent. It would harm the child if such support is withdrawn.
In either case, the parties must go to court to settle such issues.
In Massachusetts, the crime of domestic violence is called assault and battery on a family or household member. Four things must be proven to find someone guilty of this crime:
- That the defendant touched the alleged victim;
- That the defendant intended to touch the alleged victim;
- That the touching was likely to cause harm or was offensive; and,
- That the defendant and the alleged victim were family or household members at the time of the touching.
The term family or household members is somewhat misleading. This crime does not apply to blood relatives. You can't be convicted of this crime if you offensively touched your brother, for example. In order to qualify under the statute, the defendant and alleged victim:
- Are or were married to each other;
- They have a child in common; or,
- They were in a substantive dating relationship.
At Afford Law, we have experienced, affordable criminal lawyers ready to help you. Call today for a free, virtual consultation. 508-453-1250.
Field sobriety tests are physical coordination tests that are given if you are suspected of operating under the influence. The standard field sobriety tests are:
1. Horizontal gaze nystagmus;
2. 9-step walk-and-turn; and,
3. One-leg raise.
When used together there is some evidence that these tests can show that you are under the influence of alcohol. The police officer is watching your performance to decide if they should charge you with drunk driving.
Mediation for child custody can be helpful. One of the big advantages of mediation is you take the decision out of the court and into your own hands. You help control the outcome by participating in the process. Mediation is not binding. That means if you don't like the outcome, you don't have to accept it.
The child custody mediation process involves the mediator speaking with each of the parents. They work towards an arrangement that is acceptable to both.
Child custody mediation costs are generally much lower than litigating the issue. The mediator's fee is usually split between the parties thereby saving you more money.
In preparing for child custody mediation, you should be prepared to be completely honest. You'll be asking the same of your ex. Prepare questions and concerns you have so the mediator can address them.
At Afford Law, we have experienced, affordable divorce attorneys ready to help you. Call today for a free, virtual consultation. 508-453-1250.
Supervised visitation is when a parent's visitation time with their child takes place in the presence of someone else. This visitation monitor can be a friend, family member, or a professional such as a social worker. Supervised visitation is ordered in cases where the parent is considered a danger to the child. It usually comes about when there are allegations of violence, substance abuse, or mental health issues.
Supervised visitation doesn't have to last forever. The supervised parent can move to unsupervised visitation by proving they are not a danger to the child. This can be done by attending and acting appropriately during the supervised visits. Also, the parent may complete certain programs and remain drug and/or alcohol free.
A harassment prevention order is similar to a restraining order. It prohibits someone from engaging in certain activity. Unlike a restraining order, however, there is no special relationship between the plaintiff and the defendant.
Oftentimes, the question is can you get a harassment prevention order based on someone's words. Generally, no. Free speech is protected by the First Amendment to the U.S. Constitution. There are two specific exceptions to this rule:
- Fighting words; and,
2.True threats.
What makes something a dangerous weapon? Some objects are dangerous by nature such as a gun or knives. Some ordinary things are dangerous in the way they are used. A pencil is not dangerous per se, but can be a dangerous weapon if used to poke someone in the eye. Shoes are considered a dangerous weapon, they are referred to as a shod foot. If you're barefoot and kick someone that is an assault and battery. If you're wearing shoes at the time, that is an assault and battery with a dangerous weapon.
Most Massachusetts criminal cases end in a plea rather than a trial. A plea, or disposition, can either be agreed-upon or unagreed-upon. An agreed-upon disposition is when you and the District Attorney are both asking for the same outcome. An unagreeed-upon disposition is when the two sides are asking for different things. In that situation, if the judge wants to give you anything more than what you're asking for, you have the absolute right to withdraw the plea and schedule your case for trial.
If the Commonwealth agrees to amend the charge to something less than what was originally charged, you have less room to negotiate. If the charge is amended, the judge can't give anything less than what the government is asking for. The theory is that the prosecutor already gave you a break, therefore, they shouldn't be undercut by the Court.
At Afford Law, we have experienced, affordable criminal defense attorneys ready to help you. Call today for a free, virtual consultation. 508-453-1250.
Sometimes a judge will set bail on you in a Massachusetts criminal case. This usually takes place at the arraignment, although it can happen after that as well. The purpose of bail is to insure your attendance at all future court dates. There are many factors a judge looks to when deciding whether to set bail. Mostly, they want to see if you are a flight risk and if you have ties to the community. One of the most important factors is your criminal record, if any. If you have a history of not showing up for court, it's likely they will set a bail.
At the end of a Massachusetts criminal case, you can be sentenced to jail or not. If you don't get a jail sentence, you may be placed on probation. Sometimes, you will be sentenced to jail followed by probation. That is a split sentence.
Probation violation hearings in Massachusetts are a very tricky thing. There are all kinds of pitfalls that can cost you your freedom. Keep in mind that the burden of proof is only a preponderance of the evidence standard. That means that the judge just has to be convinced that it is more likely than not that you violated your probation.
Specifically, be careful if you have a continuation without a finding of guilt (CWOF). If you're found in violation, the probation officer may be requesting that the CWOF be vacated and a guilty enter. This recommendation may come with a recommendation for a committed jail sentence. Even without a jail term, such an outcome can have lifelong consequences.
Possession with intent to distribute a controlled substance is a very serious crime. Depending on the drug it could be a felony or a misdemeanor.
First, the Commonwealth must prove that you possessed the contraband. That means that you asserted some dominion or control over the item, and did so knowingly and intentionally.
Secondly, they must show that you intended to sell or give it to another person. This can be shown if the drugs are individually wrapped; if a scale is found nearby; or, if there is a large amount of cash.
At Afford Law, we have experienced, affordable criminal attorneys ready to help you. Call us today for a free, virtual consultation. 508-453-1250.
A Guardian ad Litem, or GAL, is someone appointed by the Court to help the judge make a decision as to who gets custody of your child. They will interview both parents; your child; and third parties such as teachers, doctors, and family members. You should prepare yourself for the process and for your interview in particular. The GAL writes a report. That report carries a lot of weight with the judge. The report addresses such issues as custody; parenting time; and, any recommendations for the parents such as counseling. If you have any questions, please give us a call or visit us at AffordLaw.Org. We’re making justice affordable.
At Afford Law, we have experienced, affordable divorce attorneys ready to help you. Call us today for a free, virtual consultation. 508-453-1250.
You have the right to remain silent. If you give up that right, anything you say can, and will be, used against you in a court of law. We've all heard these Miranda rights on television shows and in the movies. But what do they really mean? When do they have to be given? What happens if they aren't given?
At Afford Law, we have experienced, affordable criminal defense attorneys ready to help you. Give us a call today to book a free, virtual consultation. 508-453-1250.
If you are an active duty military personnel or veteran and charged with a first offense operating under the influence charge, you may qualify for the Brave Act. It is a law whereby you qualify for a diversion program. If you're eligible, your case is taken out of the criminal justice system. The court will work with the Veterans Administration to find a suitable program for you. If you successfully complete the program, your case is dismissed.
A pre-trial conference is a critical stage in a #Massachusetts #criminal case. It occurs after the arraignment and before a #pleabargain or trial. There are usually several pretrial conferences for a case. One of the main objectives is to get #discovery from the #government. They are obligated to turn over any evidence that may tend to prove that you did not commit the crime.
When you get divorced, you must divide your property. But who gets what? That's a big question in every divorce. Massachusetts is an equitable property division state. That means the your property is not necessarily divided equally. Instead, it is divided fairly. Of course, what one person thinks is fair is not always what the other person thinks. A judge takes many factors into consideration.
Property is broken down into two categories:
1. marital property, and,
2. separate property.
Marital property is any property that is purchased during the course of the marriage for the benefit of the couple. Separate property are items that were purchased prior to the marriage. It also includes property obtained during the marriage, but intended for only one person usually through a gift or inheritance. A Massachusetts judge can divide both marital and separate property as they see fit.
Divorce is never easy. If you can’t agree with your spouse on all the issues, you will have to go down the contested divorce route. That takes longer and is more expensive than an uncontested divorce. You will have to engage in discovery in its many forms. Any unresolved issues will have to be tried before a judge. Once a judge enters a judgment, you must wait ninety (90) days for your divorce to be final.
At Afford Law, our fees are based on your income. The less you make, the less you pay. Please feel free to book a free, virtual consultation with us. At Afford Law, we’re making justice affordable.
You have the right to take your Massachusetts criminal case to a jury trial. The question becomes, is a jury trial better than a bench trial? A bench trial is when there is a judge sitting without a jury. The judge is the fact finder. They decide if you are guilty or not guilty. In the Massachusetts District Court, a jury consists of six people from the community. You and your lawyer can help choose those people. Their verdict must be unanimous, all guilty or all not guilty.
In Massachusetts, drunk driving is called operating under the influence. It's a serious crime. In order to be found guilty, the Commonwealth must prove three things: 1. that you were operating a motor vehicle; 2. on a public way; 3. at a time when you were intoxicated. All three elements must be proven beyond a reasonable doubt.
Expunging your criminal record destroys all evidence of the case. The file is physically removed. Essentially, no one has access to it. Sealing your record removes it from the view of most people. Landlords, most employers, and the general public can't see it. There are certain groups of people who still have access to it such as the courts, police, and the military.
Trespassing is when you are physically on the property of another. In Massachusetts, in order to be convicted of trespassing the owner of the property must have told you not to enter or have posted a sign. It is a misdemeanor.
There are many steps in the criminal justice process in Massachusetts. It all starts with an arrest, be it a physical arrest or a summons arrest. You may get a clerk-magistrate's hearing. You will be arraigned. There will be a number of pre-trial conferences. You may have motion hearings; a plea; or a trial.
Evidence of the defendant's character is generally inadmissible in a criminal trial. That's because the jury is supposed to decide if the defendant is guilty based on the specific facts of the case. Allowing evidence that the defendant is a bad person will likely lead the jury to think that he or she is more likely to have committed a crime. Therefore, the prosecution can't introduce evidence of his or her bad character.
There are two types of evidence: direct and circumstantial. Direct evidence comes through testimony of a witness who is reporting what they experienced through their senses. They're telling the jury what they saw, heard, smelled, touched, or tasted. Circumstantial evidence is when the witness can't tell you directly what happened, but presents you with other facts and you are asked to draw inferences from those facts.
Deciding on who gets custody of your children is one of the most important issues in your divorce. It can be very complicated and is certainly very emotionally charged. There are two basic kinds of child custody in Massachusetts: legal custody and physical custody. Legal custody determines who makes important life decisions for your children such as education, religion, health care. Physical custody is basically where the child lives. Both types of custody can be sole or joint custody.
There are many different kinds of sentences that can result from a Massachusetts criminal case. They can range from pre-trial probation to committed jail time. It's also possible to be sentenced to a period of incarceration followed by probation. This is called a split sentence. While you're on probation, you have a suspended sentence hanging over your head. This means that if you are found to be in violation of your probation and the judge wants to give you committed time, he or she must impose the full suspended time.
When you're on probation, you don't have all the rights as if you weren't on probation. It is considered "conditional liberty". That means that although you're not in jail, you're not completely free of governmental intrusion. While on probation if you get charged with a new offense or violate a condition of your probation, you could be brought before the court as a probation violator.
Being pulled over by the police is always a stressful situation. The best thing you can do is remain calm. Give the officer your license, registration and proof of insurance if asked. You do not need to speak with the officer. Your right to remain silent is in effect. You do not have to answer any questions. If the stop was for a motor vehicle violation, they should write you a ticket and let you go.
You must have a valid license in order to drive a car in Massachusetts. If you're driving without a license, you could be charged with a crime. Generally, operating on a suspended license is not considered a serious offense. There are situations, however, where a mandatory jail term is required.
You may be able to plea out your criminal case in Massachusetts. That means that you will accept a certain outcome in your case rather than take it to trial. You may come to an agreement with the prosecution as to that outcome. If you can't agree, you can submit an unagreed upon disposition. That's where you ask for one thing, and the Commonwealth asks for another. It's then up to the judge to decide. There are advantages to an unagreed upon disposition.
In Massachusetts, if you are convicted of certain crimes, you could be facing a minimum mandatory jail term. That means that the judge in your case cannot sentence you to anything less than the specified length of time in jail. You cannot plea to anything less. The most common charges where this true in the district court are: carrying a firearm; operating under the influence - third offense; and, driving on a suspended license when the license was suspended as a result of an OUI.
If there is an alleged victim in your Massachusetts criminal case, they may not want to proceed with the prosecution of that case. However, even if they don't want to go forward, they cannot just "drop the case". Once the police get involved, it's the government's case to manage as they see fit. The alleged victim's wishes are taken into consideration, but they do not have the final word.
Divorce is never easy. Your divorce could be contested or uncontested. The difference is if you can agree on all issues with your spouse. If you can agree on everything, for example: child custody, child support, alimony, etc., you can get an uncontested divorce. Uncontested divorces are quicker and less expensive than contested divorces. If there is even one issue that you can't come to an agreement on, it must go on the contested track.
When the government has potential evidence against you, you may be able to suppress that evidence. That means that they cannot introduce it at trial. In this case, you would want to file a Motion to Suppress. There are many grounds upon which to suppress evidence. Ultimately, a judge will decide the issue.
A Clerk-Magistrate's Hearing is vitally important in your Massachusetts criminal case. If we're successful, you won't have a criminal record. The standard of proof is merely probable cause, which is a very low standard. It's not beyond a reasonable doubt standard as you would have at trial. The clerk-magistrate has a good deal of discretion as to the outcome of your hearing. They may issue a criminal complaint, refuse to issue the complaint, or hold the case open for a period of time.
Whether or not to take your criminal case to trial is a very important decision. There are many factors to consider. You must also decide if you want a jury trial or a bench trial, where a judge is the fact finder.
When parents get divorced, one of the most important decisions is where will the children live. The question sometimes comes up, can a child chose which parent they want to live with. That's a complex question, with many variables.
A hardship license, also known as a Cinderella license, is a limited right to operate a motor vehicle in Massachusetts. If you have an first offense operating under the influence charge, your license will be suspended for a minimum of 45 days. After you resolve your case, you may be able to apply for a hardship license. If you are granted one, you will be able to drive legally for a limited number of hours during the day.
Interrogatories are a form of discovery in divorce cases. Discovery is a process of exchanging information between the parities in a divorce. Interrogatories are specific, written questions that are answered under oath by your spouse. They can be used to gather information that you'll need to protect your rights in your divorce.
Discovery is a process of exchanging information between the District Attorney's Office and defense counsel. As a defendant, you want and need to know what evidence the Commonwealth has against you. The prosecutor has to turn over any information they have in their custody and control, and any exculpatory evidence. Exculpatory evidence is any evidence which tends to show that you are not guilty. There may be some evidence you want that the Commonwealth doesn't have in their possession. If a third party has such evidence, a Rule 17 Motion must be filed to get that evidence directly from the third party.
A privilege is a rule of evidence that prevents a witness from testifying. The two most common types of privileges in Massachusetts criminal cases are Fifth Amendment privileges and spousal privileges.
Larceny is defined as:
1. The taking and carrying away;
2. Of the personal property of another;
3. With the intent to permanently deprive them of that item.
It can be charged as a felony or a misdemeanor depending on the facts of the case and the value of the property stolen. It
Possession
Possessing certain items is a crime. You could be facing jail time by simply having illegal items in your pocket, purse or car. In some cases, you could be sentenced to a minimum mandatory jail term. That means that a judge can’t give you probation or a suspended sentence. Jail is required.
What does possession mean? There are many ways to possess something. You can possess something if you have direct physical control or custody of it, such as by holding it in your hand or having it in your pocket. That’s the obvious example. But there are many more ways you could be found guilty of possession.
Common Possession Charges
The most frequent type of possession charges are possession of:
- A firearm,
- A controlled substance (drugs),
- Stolen property, and
- Burglarious tools.
Elements of Possession
You don’t have to be in actual physical custody to be found guilty of possessing an item. To be guilty of possession, you must have:
- Knowledge of the object,
- The ability to exercise control over that object, either directly or through another person, and,
- The intent to exercise control over the object.
https://www.mass.gov/doc/3220-possession/download
For example, you are in possession of things in your kitchen drawer at home or in the glove compartment of your car.
Mere Presence is Not Enough
Being in the same place where contraband is found is not possession. Mere presence is not enough for you to be found guilty. However, we see all the time where the police charge everyone in the vicinity of an illegal item. The thought there is to charge everybody and let it sort out in the court system.
There is a case where state troopers stopped the defendant for a cracked windshield. He was driving someone else’s car, alone, in the early morning on Route 495. He consented to a search (which is never a good idea). The troopers found over one thousand bags of heroin in the driver’s side door frame. The court ruled that merely driving with the heroin in the car was not enough for a conviction.
It is also not enough for the Commonwealth to prove that you were with someone, or associated with someone, who controlled an object. Again, it must be proved that you had knowledge of an illegal object with the ability and intent to control it.
Knowledge
Knowledge must be proven to find you guilty on a possession charge. But what is knowledge? Obviously, a jury can’t look into your mind to determine what you knew at the time. But the judge will instruct the jury to look to your:
- words,
- actions, and
- surrounding circumstances
and make inferences about what you knew. For example, if contraband is in plain view in your apartment, a jury could infer that you knew it was there.
A jury must examine what you actually knew. It is not enough for the prosecution to argue that a reasonable person would have known of the illegal object.
Intent
You must intend to control the illegal item for you to be guilty of possession. What is intent? Intent is your purpose or objective. At trial, the jury must look to your state of mind to determine your intent. Obviously, no one can read your mind. But they will be instructed to look at all the facts to determine your intent. They will infer your intent by determining what the natural and probable consequences are of your actions.
Grandparents generally don't have the right of visitation with their grandchildren. They can petition the court for visitation rights under certain limited circumstances. As with all things involving children in the Probate and Family Court, their best interest is the guiding light. If you have any questions about grandparent's rights, please feel free to visit us at AffordLaw.Org. We have experienced, affordable divorce attorneys ready to help you.
Breaking and entering is a serious crime in Massachusetts. It can be charged as a misdemeanor or a felony, depending on the facts of the case. The two most important factors as to how it will be charged are:
- the time of day it occurred; and,
- the reason for the break and enter.
Massachusetts allows a Motion to Dismiss based solely on the police report. This type of motion is called a DiBenedetto or four-corners motion. The defense attorney is asking the judge to dismiss the case because even if all the facts contained in the police report are true, they still can't support the criminal charge you're facing.
At Afford Law, we have experienced, affordable criminal attorneys to help you.
Operating under the influence, or drunk driving, is a very serious crime in Massachusetts. In order for you to be convicted, the Commonwealth must prove three things:
- You were operating a motor vehicle;
- On a public way;
- At a time when you were under the influence of liquor.
Am I going to jail? That's the number one question we get when speaking to a new criminal client, and for good reason. Facing a criminal charge is a frightening task. The idea of losing your freedom is too much to consider. We can't tell you if you're going to jail, every case is different. But we have identified some important factors a judge will consider when making that decision.
At Afford Law, we have experienced, affordable criminal lawyers waiting to help you. Book a free virtual appointment today.
In Massachusetts, you have the right to take your criminal case to a jury trial. In the District Court, a jury consists of 6 people chosen from the community. Their verdict must be unanimous: all guilty or all not guilty. You could also have a trial by a judge sitting without a jury, that's called a bench trial.
Supervised visitation with your child occurs when the court is concerned for your child's safety. In order to have parenting time with your child, there must be someone else present. It could be someone chosen by you and approved by the court. It could be at a service provider. Although no one wants supervised visitation, if that's the only way to be with your child you should take the opportunity. Show the court you can be trusted. Then you can petition to have the supervision removed.
What does it mean to be in contempt of court in Massachusetts?
Contempt of court is disobeying a court order even though you were able to do so. You can be in contempt of court in Massachusetts if you fail to pay child support; don’t follow the parenting-time schedule; or for wrongfully claiming your child on taxes, among other things. Being in contempt can have significant consequences. It can cost you money. It can impact your parenting time with your children. It can even land you in jail. Facing a contempt charge is a serious matter. Whether your ex is in contempt or your ex accuses you of being in contempt, you have rights that need to be protected.
A Clerk-Magistrate's Hearing is an important first step in the Massachusetts criminal justice process. If you've been charged with a misdemeanor and weren't arrested at the time of the alleged crime, you are entitled to such a hearing. The most important thing about these hearings is that if you are successful, you won't get an entry on your criminal record.
A deposition is a form of discovery. Discovery is an exchange of information between the parties to a divorce, you and your spouse. A deposition is like a mini trial. There is one witness who is under oath. That person answers questions by both attorneys. A transcript is made from the deposition that can be used at time of trial.
A contested divorce is one in which the parties cannot agree on all the issues of the divorce. To start a contested divorce you must file a Complaint along with a number of other documents. You must then serve the Complaint on your spouse. That simply means that a sheriff has to hand them the papers or leave them at their last known address. You will want to get the court to issue Temporary Orders. Those orders can address issues such as child custody, child support, and spousal support.
An uncontested divorce is where both you and your spouse agree on every issue. If there is even one item where you disagree, your divorce must be moved to the contested track. An uncontested divorce is quicker and less expensive than a contested one. To start an uncontested divorce, you must file a Joint Petition along with several other documents. Probably the most important document is the Separation Agreement. In it, you spell out the details of your arrangement.
Mental health can be a defense in a Massachusetts criminal case. There are two different scenarios where the defendant's mental health plays a part: 1. criminal responsibility, and, 2. competency. These two concepts are very different. Each has their own unique characteristics.
In order to modify a child custody order in Massachusetts you must show two things:
1. A material and substantial change in circumstances since the last order was issued; and,
2. The proposed change must be in the child's best interest.
At Afford Law, we base our fees on our clients' income. The less you make, the less you pay. Our mission is to provide high-quality legal representation at an affordable price.
A guardian ad litem (GAL) is a person who assists the family court in making a custody decision. The GAL is usually an attorney, but doesn't have to be. They don't represent either side. They investigate your home environment as well as that of your ex. They are determining if either or both are a safe and fit place for the child to live. The guiding principle of all custody decisions is the best interest of the child.
CWOF stands for continuation without a finding of guilt. It is one of the possible outcomes in a Massachusetts criminal case. CWOFs are generally only available to first-time offenders, but there are some exceptions. Tune in to find out the two big advantages to a CWOF.
What are the consequences of a violation of probation in Massachusetts? How much time do you get for a probation violation? A probation violation is a serious matter. If you are found in violation of your probation, you could be sentenced to jail time. Your best bet is to get a probation violation lawyer to defend your rights.
If you have an open criminal case in Massachusetts and you commit a new crime, you could be held in jail for up to 90 days without the chance of being bailed out.
How Much Does a Divorce Cost in Massachusetts?
Getting divorced is expensive, or at least it can be. Some divorces are much more expensive than others. The cost of divorce depends on many factors including:
- How agreeable the parties are;
- If there are children involved;
- Whether there is a house; and,
- The amount of assets/debts to be divided.
Sometimes divorcing couples try to handle it themselves. This is usually not a good idea. The issues in any divorce are complex and have long-term consequences. It’s best to have an experienced divorce attorney in your corner.
How much does it cost to file for divorce in Massachusetts?
The cost to file for divorce in Massachusetts is $215. That’s just how much to file for divorce in the Family and Probate Court. If it’s a contested divorce, you will have to have the other person served by a constable or sheriff. That typically costs $50-$100. If it’s an uncontested divorce, both parties are filing together and you don’t need to serve the other person with the paperwork.
How much does a simple divorce cost in Massachusetts?
A common question we get is, “how much does a divorce cost if both parties agree?” If both parties agree to all the terms of the divorce, it’s called an uncontested divorce, or a 1A. A typical fee for this type of divorce is $1,500 plus costs. At Afford Law, however, we use a sliding scale based on your income when setting our fees. The less you make, the less we charge. Our fees vary, but they’re usually significantly lower. Keep in mind, for an uncontested divorce, every issue must be agreed upon. If there is even one issue where there is a dispute, child custody for instance, the matter must be put on the contested track.
How much does it cost to get a divorce in Massachusetts?
The average cost of divorce in Massachusetts is over $12,000. That’s for a contested divorce. The average cost of divorce with children tends to be much higher. The cost of divorce in your case is largely determined by how complex it is and how well you get along with your spouse. Divorce fees can vary greatly. With our reduced rate plan, we can offer significantly lower divorce lawyer fees, thereby saving you money.
How much does a divorce lawyer cost in Massachusetts?
When discussing the cost of divorce, we’re really asking how much does a divorce attorney cost. How a divorce lawyer costs depends on the case and the lawyer. The average cost of a divorce lawyer in Massachusetts is between $250-$350/hour. With Afford Law’s sliding-scale fee, however, we can save you a significant amount in attorney’s fees if you qualify.
Afford Law’s sliding-scale fee
At Afford Law, we use a sliding scale when we set our fees. Our fees are based on your income. The less you make, the less we charge. Our mission is to provide the highest quality legal representation at an affordable price. We use a formula where we take your annual household income and the number of people in your household to come up with an hourly rate. Our hourly rate is usually much less than other firms charge.
Conclusion
How much does it cost to get divorced? It depends on many things. An uncontested divorce costs much less than a contested divorce. The average cost for a divorce with children is higher still. The average cost of a divorce attorney can be over twelve-thousand dollars ($12,000). At Afford Law, however, we offer experienced divorce attorneys at an affordable rate. Our fees are based on your income. The less you make, the less you pay. Book a free virtual appointment today to find out about your rights, and see how much you can save.
Can you refuse to let your ex have parenting time is they haven't paid child support in Massachusetts. The simple answer is, no. If you refuse to allow parenting time that has been ordered by the court, you could be held in contempt of court. Child support and parenting time are two separate issues. Similarly, you can't refuse to pay child support if your ex refuses to let you have parenting time with your child. In either case, you need to go to court to have a judge decide if your ex is in contempt.
There are a few different kinds of warrants that can be issued for your arrest in Massachusetts. These types of warrants are different from search warrants.
Self Defense in Massachusetts
Everyone has the right of self defense. That means that if you’re being physically attacked, you can use force to protect yourself. Massachusetts self defense laws have limitations, however. Massachusetts does not have a stand your ground law. In Massachusetts you have a duty to retreat in order to avoid using deadly force. That rule is countered by the castle doctrine which allows you to protect yourself, including the use of deadly force, in your home. Self defense law is complicated. Let’s take a look at your rights.
The right to self defense in Massachusetts
Under Massachusetts law, you are legally allowed to use physical force to defend yourself if you reasonably believe that you are or are about to be attacked. It’s easy to know when you are being attacked. Someone is actively engaged in harming you physically. It’s more difficult to determine when an attack is about to happen. The aggressor must demonstrate through some overt act, either in words or by some action, that they intend to harm you. The test is not whether you were in fear. The test is, would a reasonable person have been in fear at that moment.
What is stand your ground law?
Stand your ground laws state that a person may use force when confronted by another person who is threatening them. Under such a “make my day law” you are not required to retreat before defending yourself. This defense is not limited to when you are in your home. It applies anytime you are in a place where you have the legal right to be. Massachusetts is not a stand your ground state.
The Massachusetts duty to retreat
Under Massachusetts self defense law, you have the duty to retreat. This means that outside of your home, you can only use self defense if you have no other option. You are required to avoid the use of force by any other means, including walking away. You also can’t use self defense if you could have avoided it by calling for help. According to the self defense rules, you must exhaust all other options before you’re allowed to use physical force.
What is the castle doctrine in Massachusetts?
The castle rule, or the castle doctrine, states that if you are in your home or dwelling, you don’t have the duty to retreat before acting in self defense. You don’t need to exhaust all other methods to avoid a physical confrontation. Your home is your castle and you have a right to protect yourself while you’re in it. The castle law has limitations, however. When defending yourself in your home or dwelling, you must still:
- Reasonably believe you are under immediate threat of great bodily injury; and,
- You only use reasonable means to defend yourself.
Conclusion
Massachusetts self defense laws allow you to use force when you’re threatened. There is no stand your ground defense available in Massachusetts. If attacked outside of your home, you have the duty to retreat if possible. If you’re in your home, you have the right to defend your castle. That means you don’t have to retreat. The right to self defense has limitation, however. You can’t use excessive force and you can’t go after your attacker once the fight is over. If appropriate, self defense completely protects you from an assault and battery charge.
Under the criminal law in Massachusetts, you can be held in jail for up to 120 days without a trial. If you are charged with certain crimes and a judge finds that you are a dangerous person, you can lose your freedom for four months without the chance of being bailed out.
Divorce Mediation in Massachusetts
It’s not easy going through a divorce. Emotions run very high. There are a lot of hurt feelings on both sides. Sometimes it’s better to use divorce mediation rather than litigation. Mediation for divorce gives you more control over the outcome. A divorce mediator can help you craft a mediation agreement that is more acceptable to you. If you take your divorce case to trial, you’re letting a judge decide important issues. A good divorce mediator helps you and your ex work out those issues between yourselves.
What is divorce mediation in Massachusetts?
Mediation in divorce is an alternative to having your case litigated in court. It’s an informal process where the divorce mediator helps the parties work together to come to an agreement. The mediator for divorce doesn’t decide the issues like a judge does. Instead, divorce mediators help the parties work towards an agreement that is acceptable to both.
How does divorce mediation work in Massachussetts?
Mediators in divorce cases handle cases differently, but there are a few steps that happen in every divorce mediation process. Here’s what to expect in divorce mediation:
- The parties meet one-on-one with the mediator;
- The parties will meet together with the mediator to identify issues;
- The mediator will continue to meet with the parties separately and together to iron out those issues; and,
- A Mediation Agreement will be written and signed by the parties if they agree.
How long does divorce mediation take in Massachusetts?
The length of time for a divorce mediation differs from case to case. There are many variables including:
- How many assets and debts there are;
- If there are children involved;
- If there is a house; and
- How cooperative the parties are.
Many cases can produce an agreement after a handful of meetings over the span of a few weeks.
It’s not easy going through a divorce. Emotions run very high. There are a lot of hurt feelings on both sides. Sometimes it’s better to use divorce mediation rather than litigation. Mediation for divorce gives you more control over the outcome. A divorce mediator can help you craft a mediation agreement that is more acceptable to you. If you take your divorce case to trial, you’re letting a judge decide important issues. A good divorce mediator helps you and your ex work out those issues between yourselves.
Child Support Modification in Massachusetts
Child support is one of the critical issues in divorce or paternity actions in the Probate and Family Court in Massachusetts. After an Order has been entered, it is quite common that one party will seek a child support modification. Modifying child support is a two-step process. A Motion for Modification of child support needs to be filed. Then a child support modification hearing will be held. A judge has great discretion when considering child support modifications. You should know your rights and be prepared.
How can I change a child support order in Massachusetts?
A modification of child support requires a showing of two things:
1.a material and substantial change in circumstances; and,
2.the proposed change is in the child’s best interest.
Both factors must be proven before a child support modification will be issued.
Material and substantial change in circumstances
Courts don’t like to make changes to existing orders. They want to keep things consistent. That’s why the first hurdle to a child support modification is that there must be a substantial and material change in circumstances since the last child support order was issued. A small change is not enough. The change must be significant enough to make the existing child support order invalid. Generally, you should do a child support payment review using the child support guidelines to see where you stand.
In the child’s best interest
Everything in the Probate and Family Court revolves around the best interest of the child. Even if you can show a material and substantial change in circumstances, your proposed change must be in your child’s best interest. Child support is for the child, not the other parent. Therefore, courts are reluctant to decrease money that will go to the child unless there is a good reason. On the other hand, if a judge is convinced that more support is available to the child from the non-custodial parent, it’s likely they will increase the order.
What are some reasons to modify child support in Massachusetts?
There are many reasons to increase child support, or lower it. Common reasons include:
- An change in income for either parent;
- Health insurance is no longer available to a parent;
- Health insurance becomes available to a parent; and
- The needs of the child have changed.
Keep in mind that any change must be significant. Courts don’t want to modify orders over small changes.
Can child support be raised without going to court in Massachusetts?
Modifying child support is not something you can do without the court. Even if you have worked out an informal agreement with your ex, a judge still has to sign off on it for it to be enforceable. Parents often get into trouble when they agree between themselves that an order will be modified. Even though you have made other arrangements, from a legal point of view, the original order is still in place. For example, if your ex agrees to accept less in child support, they can turn around later and come after you for the full amount you should have paid under the order. It’s best to file a Motion to Modify Child Support and have a child support modification hearing before a judge.
Does remarriage affect child support in Massachusetts?
A child has the benefit of financial support from both parents. That obligation does not extend to new spouses of the parents. A child support order will not be modified simply because one or both of the parents gets remarried. However, the overall household incomes of the parents can play a part in modifying child support. For ins
What is contempt of court in Massachusetts?
What does it mean to be in contempt of court in Massachusetts?
Contempt of court is disobeying a court order even though you were able to do so. You can be in contempt of court in Massachusetts if you fail to pay child support; don’t follow the parenting-time schedule; or for wrongfully claiming your child on taxes, among other things. Being in contempt can have significant consequences. It can cost you money. It can impact your parenting time with your children. It can even land you in jail. Facing a contempt charge is a serious matter. Whether your ex is in contempt or your ex accuses you of being in contempt, you have rights that need to be protected.
Proving contempt of court in Massachusetts
Three things must be true to get an Order of Contempt:
- There was a clear and unambiguous order from the court;
- The defendant clearly and unambiguously disobeyed that order; and,
- The defendant had the ability to follow the order.
All three things must be proven. If any of these elements is missing, contempt of court will not be found.
Clear and unambiguous order from the court
The first element that must be proven is that there was a clear and unambiguous order from the court. Courts have ruled that where the language of an order is ambiguous, no contempt can be found. But what is meant by ambiguous in this context? It was decided that a “term is ambiguous only if it is susceptible to more than one meaning and reasonably intelligent persons would differ as to which meaning is the proper one.”
The defendant clearly and unambiguously disobeyed that order
The next thing that you must show is that the defendant disobeyed the Court’s order. In one case, the court explained that a plaintiff must demonstrate “what steps [defendant] was required to take” and that defendant “disobediently refrained from” taking those steps. The defendant doesn’t have to willfully disobey the order. In other words, they don’t have to intentionally refuse to follow the order. Even if they thought they were doing what they were supposed to do, they can still be found in contempt.
The defendant had the ability to follow the order
Lastly, it must be shown that the defendant could have obeyed the order if they wanted. This issue comes up most often when the contempt allegation involves money. Typically, we see cases where one person is required to pay the other person money for child support, alimony, medical expenses, etc. In these cases, the order is usually clear and unambiguous. It is also easy to show that the defendant didn’t make those payments. The question becomes, did the defendant have the ability to pay. If the defendant is out of work or otherwise short on cash, that can be a defense to a contempt action. They can’t pay what they don’t have.
Two types of contempt
There are two types of contempt: civil contempt and criminal contempt. Although the same elements need to be proven in both situations, there are many important differences including what happens when someone is in contempt of court. Besides the contempt of court punishment, the purpose of civil contempt and criminal contempt proceedings differ. Also, the burden of proof for disobeying a court order is different in each. Proving that you don’t have the money to pay is one way of how to get out of contempt of court charges for child support.
Civil contempt of court
Civil contempt cases are more common than criminal contempt cases. The purpose of civil contempt is to force you to comply with the court order. The standard of proof is “clear and convincing ev
What Are My Miranda rights in Massachusetts?
You have the right to remain silent. Anything you say can and will be used against you. We’ve all heard these words on TV and in the movies. You hear them when a police officer is arresting a suspect. They are your Miranda rights. These are very important protections each of us has. But what are your Miranda rights exactly? What do they do for you? And when do they have to be given? Let’s take a look at your rights and see how to exercise them.
What Rights Do You Have Under Miranda?
The Miranda warning notifies you of four basic rights you have. They are:
- You have the right to remain silent;
- Anything you say can and will be used against you;
- You have the right to an attorney; and,
- If you cannot afford an attorney, one will be provided for you.
The Right to Remain Silent
You have the right to remain silent. That means that you don’t have to talk to the police. Period. You don’t have to answer any questions. The reason for this critical right is that you may incriminate yourself if you speak to the police without your attorney present. The government is not allowed to get information that could hurt you without notifying you of this right.
Anything You Say Can and Will be Used Against You
Keep in mind, when the police are questioning you, they’re building a case. You may be the suspect in that case. They’re not asking you questions to help you. They’re building evidence to convict you. Even seemingly harmless statements can be twisted and used against you. For instance, you tell the police you were present where something took place but you didn’t do anything wrong. Now you’ve put yourself at the crime scene making it easier to connect you to the crime.
You Have the Right to an Attorney
Because you’re facing the might of the government, you have the right to have an advocate on your side. Our Constitution recognizes the power of the government. You versus the government is not a fair fight. That’s why you have the right to have a lawyer speak on your behalf. The cards are stacked against you when interacting with the police. To even the playing field, get a lawyer.
If You Cannot Afford an Attorney, One Will Be Provided for You
If you make very little money, you could qualify for a court-appointed attorney. If you can afford it, you can go out and hire an attorney. But what if you make too much money to qualify for a court-appointed attorney but not enough to hire a lawyer? That’s where we come in. Our fees are on a sliding scale based on your income. The less you make, the less we charge. We’re dedicated to providing high-quality representation at an affordable price.
When Do the Police Have to Read You Your Miranda rights?
Contrary to what you see on TV, cops don’t have to read you your rights when they arrest you. Not reading your rights at the time of arrest is not a reason to dismiss the case. It may have implications in your case, however. They have to notify you of your rights whenever there is a custodial interrogation. If you make statements during a custodial interrogation without being advised of your Miranda rights, we may be able to get those statements thrown out.
What Does It Mean to Be in Custody in Massachusetts?
Police custody takes many forms. You’re in custody when you’re arrested, obviously, but you can be in custody in many more situations. In Massachusetts, you’re in custody anytime you’re interacting with the police and a “reasonable person” would believe you are not free to leave.
There are four factors a court will consider when deciding if you were in custody:
- The place of the interrogation;
- Whether the investigation h
Can the police take your cell phone without a search warrant in Massachusetts? What are your privacy rights when it comes to your cell phone? How can the police get a search warrant for your cell phone in Massachusetts?
What is a Child Custody Modification in Massachusetts? We discuss ways to change custody arrangements. There are two things you must prove to the Court in order to make a change. See what Massachusetts judges consider when making decisions regarding custody of your children.
You have the right to privacy, free from governmental intrusion. The promise to be safe in your person and papers is guaranteed by the Fourth Amendment to the U.S. Constitution. The government can enter and search your home if they have a search warrant. How is a search warrant issued? What are your rights? How do you attack a search warrant in court?
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What is an arraignment in Massachusetts? What to expect at an arraignment. Will I go to jail at arraignment? Will the judge set bail at my arraignment? How does the judge decide to set bail? How much will my bail be?
Your freedom is at stake if your on trial for a criminal charge. Learn how the process works in Massachusetts. Know your rights. Get to know the various stages of the process and what to expect.
The question often comes up, how will a judge decide who gets custody? The judge’s main concern is to do what is in the best interest of the children. The child’s best interest standard is the overarching concern. But how does a judge decide best interest of a child?
There are many factors a judge will consider. This makes up something of a best interest of the child checklist:
· Stability – This is one of the most important factors. The Court wants to disrupt the child’s life and lifestyle as little as possible. If the child is of school age, a judge will tend to want to keep the child in the same school. The inclination is to keep the child in the same neighborhood and even the same house if possible.
· Primary Caretaker – Who has been the primary caretaker in the past? Has one parent been so established since the filing of the Divorce Complaint? This element is closely related to Stability. If things are going well with the child in the current circumstances, Courts will tend to leave those arrangements in place.
We discuss discovery in criminal cases. Automatic discovery discloses prosecution witnesses; witness statements; and police reports. We answer questions such as does the defense have to disclose evidence; how long does discovery take in a criminal case; and who has the right to discovery of evidence.
What are field sobriety tests? They are physical coordination tests given by police officers if they suspect you are driving under the influence. You have the right to refuse to take these tests. They consist of the horizontal gaze nystagmus test; the nine-step walk-and-turn test; and the one-leg raise, among others.
What is a restraining order in Massachusetts? What needs to be shown in order to get one? What are the penalties for violating a restraining order? What is the process for getting an abuse prevention order? What is needed to get a harassment prevention order?
What happens at an arraignment? We discuss the importance of an arraignment in Massachusetts. We discuss the arraignment process. An arraignment, sometimes called an arraignment hearing, is often the first step in the criminal justice system. A not guilty plea will enter on your behalf. The Commonwealth may ask for bail to be set on your case. They may ask that you be held in custody as a danger to the public. Once you are arraigned meaning once a plea has entered, you will get a date for a pre-trial conference. We give an arraignment definition.
Our goal is to keep our clients out of jail. Sometimes, that is not possible. In that case, it is of utmost importance for us to stay in contact with them. Therefore, we frequently visit clients in jail to discuss their cases.
Driving on a public way is the third element of an Operating Under the Influence (OUI) Charge. In order to be found guilty of drunk driving in Massachusetts, the District Attorney's Office, the Commonwealth, must prove that you were driving on a public way when you were intoxicated. It's not as simple as it seems. Hear what a public way is and see if it might have an impact on your case.
What makes a vehicle a motor vehicle in Massachusetts? This is a critical element in an Operating Under the Influence (OUI) charge. This is one of the elements the Commonwealth must show to prove you guilty of drunk driving.
What does it mean to operate a motor vehicle in Massachusetts? Operation is one of the elements the government, or Commonwealth, must prove in order for a jury or judge to find you guilty of Operating Under the Influence (OUI), or drunk driving in Massachusetts.
This is the first in a series of episodes on Operating Under the Influence (OUI) or drunk driving in Massachusetts. What must the government prove in order for you to be found guilty?
What is a criminal pre-trial conference in Massachusetts? It is a critical step following the arraignment. Your defense attorney meets with the government's attorney to discuss your case. What are the strengths? What are the weaknesses? Will your case go to trial? Will you make a plea bargain?
Issues such as discovery, certain defenses, and admissibility of evidence are discussed.