On September 18, 2024, the 209A restraining order law changed. The updates make it easier for a plaintiff to obtain an abuse prevention order. The biggest amendment is that the law was broadened to include “coercive control,” rather than the prior version which required that a plaintiff be in reasonable fear of imminent bodily harm. […]
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Supreme Court Decision: Smith v. Arizona, 602 U.S. _ (2024)
SCOTUS Clarifies the Confrontation Clause By Jacob Mershon, 3L at New England Law | Boston Before analyzing the Smith v. Arizona decision from earlier this Summer, it is helpful to first discuss a line of fairly recent Supreme Court rulings that touch on the Confrontation Clause of the United States Constitution. Sylvia Crawford […]
Miranda Warnings in Massachusetts Clarified in Light of Commonwealth v. Scott Rodrigues
Understanding Your Rights: Insights from Commonwealth v. Scott Rodrigues As criminal defense attorneys, it is our duty to ensure that our clients are fully aware of their rights, especially when it comes to interactions with law enforcement. The recent decision in Commonwealth v. Scott Rodrigues provides a crucial reminder of the protections to which you […]
Will President Donald Trump Go to Prison?
Now that he has been convicted, a New York judge will have to determine an appropriate sentence for Donald Trump By Jacob Mershon, Rising 3L at New England Law | Boston May 30, 2024 will be looked back on as a historic day in American history. A former President of the United States and the […]
What’s the Difference Between Probation and Parole?
Parole and Probation – What’s the Difference? Basic differences When convicted, sentences are handed down based on the type of crime, its severity, and the defendant’s prior record. Two common but often confused punishments are parole and probation. In many ways, parole and probation are similar. Both allow people who were convicted and currently serving […]
Commissioner’s Override Deemed Unconstitutional in MA
Mandatory Mental Health Commitments Update Last week, the Supreme Judicial Court decided the case of K.J. v. Superintendent of Bridgewater State Hospital. Massachusetts general laws chapter 123, §§ 8, 18 (a) requires a judge to determine – in the context of a civil commitment proceeding – whether the person requires involuntary commitment to a mental hospital. If so, […]
How to File Impounded Court Documents in Massachusetts
Impoundment allows sensitive and private information to be withheld from the public record of a civil or criminal proceeding. “[I]mpoundment is always the exception to the rule, and the power to deny public access to judicial records is to be ‘strictly construed in favor of the general principle of publicity.’” Republican Co. v. Appeals Court, 442 […]
Can I be sued in a civil court while facing criminal charges?
If you are someone facing criminal charges and are wondering whether you can be sued in civil court at the same time, the answer is: yes. A case can be both civil and criminal because these two legal proceedings have different standards. It is possible for someone to break the law, face those associated charges, […]
Parents may face neglect charges when kids don’t show up to Zoom school
During the COVID-19 pandemic, a lot of students have turned to online learning. Remote learning involves a few disadvantages when it comes to technology and it is also more difficult for the parents to handle. Now, take for instance when your kid was not able to attend a ‘zoom school,’ did you know that you […]
Pole Cameras Require a Warrant in Massachusetts
In a recent landmark decision, the Massachusetts Supreme Judicial Court (SJC) ruled that a search warrant was required for police to utilize pole cameras to record a suspect’s home for months of video surveillance. The higher court addressed privacy implications of pole cameras that target private homes. The court ruled that although the conduct was not […]
