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Clerk’s Hearings in Massachusetts

Posted by David Newton | May 22, 2013 | 0 Comments

Of considerable advantage to those accused of a misdemeanor crime in Massachusetts is the clerk's hearing, also referred to as a show cause hearing or a clerk magistrate's hearing.  In Massachusetts those accused of most misdemeanors that occur outside of the police officer's presence are entitle...

Unlicensed Operation of a Motor Vehicle in Massachusetts

Posted by David Newton | May 21, 2013 | 0 Comments

Massachusetts General Law Chapter 90 section 10 provides that “[n]o other person shall so operate unless licensed by the registrar.”  Given this it is a criminal offense to drive without a license in Massachusetts.   Further, all people residing in Massachusetts for over 30 days are required to g...

States Urged to Cut Limit on Alcohol for Drivers

Posted by David Newton | May 15, 2013 | 0 Comments

States Urged to Cut Limit on Alcohol for Drivers National Transportation Safety Board said on Tuesday, and it recommended that the states reduce the allowable blood-alcohol concentration by more than a third, to 0.05 percent from 0.08 percent. Source nytimes.com David Newton, Esq.

Shoplifting in Massachusetts Has Serious Consequences

Posted by David Newton | May 08, 2013 | 0 Comments

Massachusetts General Laws Ch 266 Sec 30A sets out the penalties for shoplifting.  Under Massachusetts law shoplifting under $100 can result in: First offense fine up to $250, Second offense fine up to $500, Third & later offenses fine up to $500 and jail up to 2 years. Shoplifting over $10...

Been Charged with Larceny over $250 in Massachusetts?

Posted by David Newton | May 02, 2013 | 0 Comments

Massachusetts General Law Chapter 266 Section 30 states “Whoever steals, or with intent to defraud obtains by a false pretence, or whoever unlawfully, and with intent to steal or embezzle, converts, or secretes with intent to convert, the property of another … shall be guilty of larceny, and shal...

OUI Chemical Test Refusals in Massachusetts

Posted by David Newton | Apr 28, 2013 | 0 Comments

In 2005 Melanie's Law was implemented in Massachusetts.  With the implementation of Melanie's Law came several increased OUI (Operating Under the Influence) related penalties.  One area that saw change because of Melanie's Law was increased penalties for OUI Chemical Test Refusals.   For instance...

Suspect charged with stalking victim

Posted by David Newton | Apr 27, 2013 | 0 Comments

Suspect charged with stalking victim SALEM, N.H. — After a plea deal fell apart just before a court hearing Thursday, things took an unusual twist. While still in the courthouse, Hernandez allegedly sent repeated text messages to the victim, asking her to drop the case and to tell police the ass...

Merrimack Valley Bandit may be behind bars

Posted by David Newton | Apr 24, 2013 | 0 Comments

Merrimack Valley Bandit may be behind bars After a string of armed robberies throughout the region that had reached a fever pitch, police believe they have captured the Merrimack Valley Bandit. Rafael Beamud Jr., 32, of Lowell will be charged federally today with robbing TD Bank on Broadway in ...

Assault and Battery in Massachusetts

Posted by David Newton | Apr 22, 2013 | 0 Comments

Simple assault and battery in Massachusetts is a misdemeanor crime.  Massachusetts General Law ch.265 sec. 13A provides “[w]hoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 2 1/2 years in a house of correction or by a fine of not...

Seabrook man jailed after using syringe in robbery

Posted by David Newton | Apr 20, 2013 | 0 Comments

Seabrook man jailed after using syringe in robbery Angeljean Chiaramida STAFF WRITER NEWBURYPORT — A Seabrook man is being held without bail after allegedly holding up a Newburyport gas station last Friday, armed with a blood-filled syringe and threatening it held the AIDS virus. His alleged ac...

Uninsured Motor Vehicles in Massachusetts

Posted by David Newton | Apr 11, 2013 | 0 Comments

It is not just a ticket for not having car insurance in Massachusetts it is a crime.  Massachusetts General Laws Chapter 90 Section 34J provides “[w]hoever operates or permits to be operated or permits to remain on a public or private way a motor vehicle … during such time as the motor vehicle li...

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