Molari Law Insights
Massachusetts Legal Developments Blog
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Operating Under the Influence
If we were asked what a crime is, most of us would probably say something like burglary or battery. But, another offense is also considered a crime and carries with it very serious consequences: Operating a motor vehicle under the influence (OUI). Individuals…
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Marshfield Bank Hack Highlights Cybercrime Enforcement
The growth of Internet-based commerce and banking has created a new type of criminal activity, often referred to as “cybercrime.” These crimes are often financially motivated and involve property and theft offenses , but can also involve harassment,…
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Traffic Offenses can Lead to Serious Legal Problems
Many people who are issued traffic citations are unsure of whether they need to retain an attorney who practices in the area of criminal defense . After all, most traffic tickets are civil infractions rather than criminal violations, meaning that the…
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Massachusetts Appeals Court Determines that Pen is Not a Deadly Weapon
“Deadly” and “Dangerous” not Synonymous for the Purposes of the ACCA One of the most important functions of a criminal defense attorney is to reduce the sentence that his or her client is facing as much as possible, preferably down to none. When considering…
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Pulled Over for Suspicion of Marijuana Possession?
The way in which law enforcement officers interact with the public has been the source of a significant amount of debate in recent years, and there is a voluminous body of case law expounding what exactly the 4th Amendment’s prohibition on unreasonable search…
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What are Examples of Aggravating Factors in a Boston OUI Case?
Driving under the influence of drugs or alcohol is a serious criminal offense in Massachusetts. The Commonwealth’s OUI law authorizes serious penalties even for first-time offenders, including probation, fines, the installation of an ignition interlock…
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What are the Potential Benefits of Sealing a Criminal Record in Massachusetts?
Many people who live healthy and productive lives have made mistakes or had momentary lapses in judgment that have led to the existence of a criminal record. In some cases, this record may be the result of a youthful prank in high school or college or perhaps…
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Expect Increased DUI Enforcement this Upcoming Labor Day Weekend
Labor Day is one of the most popular and celebrated holidays in the United States. As a traditional end-of-summer holiday, Labor Day celebrations often involve barbecues, pools, and family and friends. The consumption of alcohol is often also an integral part…
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Boston Police Captain’s Son Accused of Involvement in Terrorist Plot
Not many criminal accusations are treated as seriously as those involving alleged terrorism. In many cases, these cases are brought in federal courts and involve investigations conducted by both local and federal law enforcement authorities. The penalties…
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Alleged Drunk Driver Arrested after Sideswiping a Police Car
A Wilmington was arrested on July 23rd after he allegedly struck a parked MBTA Transit Police Cruiser in South Boston, according to a report published in the Boston Globe. Apparently, the man sideswiped a cruiser that was occupied by an MBTA officer at the…
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Boston Authorities Target Violent Drug Gang
Like most American cities, Boston sees its fair share of gang activity, and has done so since the days of the Irish Mob in the early 19th century. By definition, gangs involve some form of organized criminal activity which often involves multiple individuals…
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Woman’s Arm Severed, Boater Arrested in Boston Harbor Boating Accident
One of the best things about living in a coastal state like Massachusetts is the accessibility to bodies of water that are appropriate for activities for activities such as swimming, watersports, and boating. For many people in the Boston area, spending a day…
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DUI Defense Attorney Challenges DUI Roadblocks
Over the weekend of May 2 and 3, law enforcement officers increased efforts to catch individuals suspected of operating under the influence (OUI) of alcohol in Bristol County. The Massachusetts State Police held roadblocks , also commonly referred to as a…
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Woman Facing OUI Case after Hitting Pedestrian in Winthrop
As the vast majority of people are aware, Massachusetts law prohibits driving under the influence of alcohol or drugs. In Massachusetts, the offense associated with drunk driving is known as “Operating Under the Influence,” or OUI. Massachusetts law…
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Massachusetts Court Declines to Extend 2nd Amendment Protections to Stun Guns
The Supreme Judicial Court of Massachusetts (SJC) recently decided a case in which it upheld a state law prohibiting the possession of electronic weapons in most circumstances. The case, known as Commonwealth v. Caetano , involved a woman who was suspected of…
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Changes for Eyewitness Identification in MA (Part One)
Eyewitness identification has long been a source of controversy in criminal cases due to the potential for witness error due to many factors. Such factors may include: witness memory, suggestiveness of the identification situation, distance and lighting at…
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Changes for Eyewitness Identification in MA (Part Two)
Previously on this blog, we discussed the various types of eyewitness identification evidence that may be presented in a criminal trial, as well as why the accuracy of this type of evidence should often be questioned and excluded from a criminal trial.…
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Super Bowl Sunday DUIs Can Have Serious Consequences
According to NBC , the 2015 Super Bowl drew a record-setting 114.4 million viewers this year. With the New England Patriots playing in (and winning) the game this year, it is a safe presumption that the rate of viewership in Boston was particularly high. For…
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What are Potential Defenses in a Massachusetts Criminal Case?
Being accused of a crime is a frightening and humiliating experience and can significantly impact almost every aspect of your life. The potential consequences of a criminal conviction can include probation, fines, restitution, and even jail time. In addition,…
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What is the Standardized Field Sobriety Test in Massachusetts?
When a law enforcement officer suspects that a driver has been drinking or is under the influence of drugs or alcohol, there are a variety techniques for gathering evidence in support of their assertion. These techniques can include objective measures of the…