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 […]
Uncategorized
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 […]
Commissioner Override
Mental Health and Criminal Proceedings About the author: Joseph Simons is an experienced criminal defense attorney practicing in Massachusetts. Leading a boutique defense firm, Simons has developed a substantial niche practice advocating for people suffering from mental illness who end up in the criminal system. His cases have led to notable decisions in trial courts […]
May 26, 2020 COVID-19 Massachusetts Court Update
Unsurprisingly, the Massachusetts court system just issued a new round of orders related to COVID-19. These only apply to state court and not federal court. Among the newest orders, which take effect June 1st, here are some of the highlights: While the order is silent as to clerk magistrate hearings, it seems a fair guess […]
MA Courts Remain Closed Until June 1, 2020
Courts stay closed for another month The Supreme Judicial Court (“SJC”) just announced that courts across Massachusetts will remain closed to in-person hearings. In addition, the SJC further ordered that no jury trials can be held until at least July 1, 2020. The good news is that some non-emergency hearings will be allowed in May, […]
Willful Blindness
Many may be familiar with the term “plausible deniability”, or the phrase “turning a blind eye”, but a lesser known and more nuanced term under the law is known as willful blindness. Also referred to as willful ignorance, this is described as a situation in which a person will intentionally shield themselves from acknowledging information […]