Boston Criminal Defense Blog

Knowing what your rights are if you ever get pulled over because police suspect you of driving under the influence of alcohol is important. When confronted by law enforcement officials, it is easy to get flustered and say or do things that may not serve your best interests. Let's look at the breath test just as an example. Do you have to take it? What happens if you do or don't?

Like most people, you probably believe that complying with the police is the best thing you can do when pulled over. This is true, to a point. You do have rights, and you can say no to certain officer requests. The breath test is one of those things you can refuse if you want to -- unless police obtain a warrant, then you must comply. Just understand that in Massachusetts, just as in other states, there are consequences for doing so.

Unfortunately, domestic violence is a sad and tragic problem in all of the United States. Personal relationships are complex, with the power to bring many emotions -- some positive and some negative -- to the surface. Love, although sweet and joyful at times, can turn reasonable people into angry and violent individuals.

With that said, sometimes domestic violence allegations have no basis in fact. In these situations, it is one person's word against another's, and Massachusetts courts take a harsh stand against this form of violence. Defendants need legal assistance early on in a domestic violence case. In many instances, a criminal defense lawyer is the defendant's best hope to overcome these allegations.

At one time, Massachusetts law had a harsh approach to matters surrounding juvenile crimes. Young residents in legal trouble could expect harsh penalties if a court deemed it necessary. In recent years, Massachusetts reformed its juvenile justice system and successfully found ways to keep these youths out of jail and headed toward a brighter future.

Even though fewer young people now spend time behind bars in the state than in the past, probation is still a possibility for many juvenile offenders. While this is preferable alternative to jail time, it is not a pass. Those who are charged with juvenile crimes still have rules to follow during the probation period. One way to help teens comply with the terms of probation is make sure they know what might happen if they do not comply. When juveniles face accusations of a probation order violation, here is what to expect.

• The probation officer provides juveniles with a notice stating that a hearing will occur.
• This notice contains details about the violation as well as a hearing date.
• A court may order incarceration at the time of the hearing, until another court date is set.
• The second court date gives you and your juvenile a chance to build a defense to avoid jail time.
• If the presiding judge rules that a probation violation occurred, your youth might suffer more serious penalties.

Like all other states, Massachusetts takes a serious approach to violent crimes, including domestic assault, abuse and violence in general. In the interest of protecting other residents and the community at large, courts and judges work to keep some violent offenders away from the public. However, getting out on bail is possible in some domestic violence cases.

According to Mass.gov, a bail magistrate is responsible for making decisions about bail. The magistrate will look at several factors before deciding whether to release a violent crime defendant on bail. These factors include the following.

• The possibility that you may try to flee from prosecution
• If you are already on parole or probation
• Whether or not you have a job
• If you live in the area or have family in the area
• Your previous arrests and criminal history
• If you have an established history of not showing up for court dates
• In cases of domestic violence, the magistrate must determine if your release will endanger alleged victims or other members of the community