Massachusetts Criminal Defense Lawyer
Law Offices of Russell J Matson, PC - Criminal Defense
Most Clerk Magistrate’s Hearings in Massachusetts district courts are remote now, and it works fine, both practically, and most importantly, results are usually good for defendants.
It’s been over a year since the COVID-19 pandemic began. It has impacted nearly every part of American life, and the court system is no exception. Millions of people didn’t know what Zoom remote video conference calls were a year ago but now use them regularly for work and to connect with family.
[Read more…]With marijuana consumption officially legal in Massachusetts, “driving while high” is the biggest concern for police under the recent legalization laws.
Has there been a big increase in incidents of operating under the influence of marijuana in Massachusetts? There is no evidence to suggest legalization causes a spike in impaired driving. A to the degree that marijuana OUI is a problem, it is probably something that has already been with us for some time, prior to marijuana legalization. In fact, people smoked weed and drove before it was legal. Shocking, I know.
[Read more…]Massachusetts “Social Host” law makes adults responsible for the actions of teens under their watch. It is illegal for adults to provide, supply, or furnish alcohol to anyone under age (under 21), and also to knowingly allow underage drinking in one’s home.
The charges can be pretty clear cut if parents or adults actually directly provided alcohol to underage kids. But things get complicated if the police don’t know, and the Commonwealth can’t prove that adults were aware of the party & drinking going on. For example, if the parents were away, or kids were drinking in the basement and the parents didn’t know they had access to alcohol, that could be a legitimate legal defense.
Social host charges or a criminal citation to appear at a clerk magistrate’s hearing, to be are far more likely to be applied if the party was the direct cause of a serious incident. That could be an injury, a DUI, or, these days, a COVID outbreak and school closings, such as recently happened in Lincoln-Sudbury.
In misdemeanor cases, even serious ones like a misdemeanor motor vehicle homicide (also known as motor vehicle homicide by negligent operation of a motor vehicle) or hit and run with personal injury, you can be accused of a crime, but not yet charged or arrested. In fact, in cases where the police didn’t witness the crime, and the alleged offense is not a felony, they cannot arrest you. [Read more…]
On election day in 2016, Massachusetts voters passed a ballot initiative to legalize marijuana in the state. Massachusetts will join Alaska, Colorado, Oregon, Washingon DC, and Washington State who had all previously legalized, along with California, Maine, and Nevada which just passed legalization in this election.
Massachusetts voters have historically supported marijuana laws reform efforts. Back in 2008, we voted to decriminalize possession of under 1oz in down to a civil violation and followed it up in 2012 with an initiative for allowing medical marijuana. So in spite of widespread institutional political opposition, it wasn’t a huge surprise that this passed. [Read more…]
The new Massachusetts hands-free driving law is a complete ban on any use of a handheld mobile device while driving. It takes effect on 2/23/2020.
The only authorized use of a phone behind the wheel are:
Penalties for distracted driving if you are stopped and ticketed are:
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In Massachusetts, it is a ticketable offense to text while behind the wheel, under statute G. L. c 90, Sec13B. The penalty is a $100 fine for a first offense.
As of the date of this new law coming into effect, it will be illegal to hold a phone in your hand for calls or other active uses.
Last April was “distracted driving awareness” month in Massachusetts and nationwide. This means there will be increased high-profile media campaigns and news about texting while driving. In addition, many Police departments get extra Federal grants from NHTSA to pay for patrols, and are looking to write citations to raise awareness about texting while driving and other distractions.
Any electronic messaging via a mobile device, including texting, reading or composing an email, or internet access or communication via phone is not allowed by law.
[Read more…]
