Posted by David Newton | May 28, 2013 |
In Massachusetts people can obtain a restraining order under Massachusetts General Law (MGL) 209A, also referred to as an abuse prevention order, or under MGL 258E, also known as a harassment prevention order. Each has its own very specific requirements to obtain. Many people who are the victi...
Posted by David Newton | May 22, 2013 |
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...
Posted by David Newton | May 21, 2013 |
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...
Posted by David Newton | May 20, 2013 |
Massachusetts General Laws Chapter 266 section 16 states “[w]hoever, in the night time, breaks and enters a building, ship, vessel or vehicle, with intent to commit a felony, …shall be punished by imprisonment in the state prison for not more than twenty years or in a jail or house of correct...
Posted by David Newton | May 17, 2013 |
If you are charged with a third or subsequent offense of Operating under the Influence in violation of G.L. c. 90, §24 the Commonwealth's prosecutor can and has been with some frequency in Massachusetts been filing for those accused to be held in jail for 90 days without bail under G.L. c. 276, §...
Posted by David Newton | May 15, 2013 |
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.
Posted by David Newton | May 13, 2013 |
Many people have made off the cuff comments about “I could kill that guy” or something to the same effect during a moment of anger, but when does this become a crime. It only becomes a crime if the requirements of Massachusetts General Laws Chapter 275 section 2, which governs the crime a Threat...
Posted by David Newton | May 08, 2013 |
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...
Posted by David Newton | May 02, 2013 |
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...
Posted by David Newton | May 02, 2013 |
Judge: James ‘Whitey' Bulger cannot use immunity defense in trial
Posted by David Newton | Apr 28, 2013 |
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...
Posted by David Newton | Apr 28, 2013 |
Woman treated for gunshot wounds in Hyannis
Posted by David Newton | Apr 27, 2013 |
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...
Posted by David Newton | Apr 24, 2013 |
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 ...
Posted by David Newton | Apr 24, 2013 |
Boston Bombing Suspects Got Fireworks in Seabrook New Hamshire that may have been used in Bombing
SEABROOK — The president of a nationally known fireworks company yesterday confirmed that Tamerlan Tsarnaev, one of two men suspected in the Boston Marathon bombings, visited his company's Seabrook ...
Posted by David Newton | Apr 24, 2013 |
It is important to remember that in Massachusetts it is a crime to possess alcohol under the age of 21. Massachusetts General Laws Chapter 138 Section 34C states that “[w]hoever, being under twenty-one years of age and not accompanied by a parent or legal guardian, knowingly possesses, transpor...
Posted by David Newton | Apr 23, 2013 |
School Evacuates for Bomb Threat Pentucket students OK'd to return after 4-hour search
WEST NEWBURY — Pentucket Middle School students spent much of yesterday morning inside the high school after a threatening note was found inside a bathroom, prompting school officials to evacuate the building.
Posted by David Newton | Apr 22, 2013 |
Dzhokhar Tsarnaev, Marathon bombing suspect, charged in federal court with conspiring to use a weapon of mass destruction
Boston Marathon bombing suspect Dzhokhar Tsarnaev has been charged with conspiring to use a weapon of mass destruction against persons and property in the United States resul...
Posted by David Newton | Apr 22, 2013 |
Second robbery suspect caught Police charge Seabrook man in gas station theft
By Dave Rogers Staff Writer
NEWBURYPORT — Local police say a second suspect believed to have robbed the Storey Avenue Shell gas station armed with a syringe earlier this month was arrested by Goffstown, N.H., police F...
Posted by David Newton | Apr 22, 2013 |
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...
Posted by David Newton | Apr 22, 2013 |
DWI suspects can't automatically be subjected to blood tests without a warrant, SCOTUS rules
People suspected of drunken driving can't automatically be subjected to blood tests without a warrant and without their consent, the U.S. Supreme Court has held.
Justice Sonia Sotomayor wrote the majori...
Posted by David Newton | Apr 20, 2013 |
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...
Posted by David Newton | Apr 16, 2013 |
Irish nanny Aisling Brady McCarthy charged with first degree murder in toddler death
Posted by David Newton | Apr 15, 2013 |
Merrimack Valley Bandit' strikes bank again
Merrimack Valley Bandit hits bank second time in a week; may have accomplice getaway driver.
Source Newburyport news
Posted by David Newton | Apr 11, 2013 |
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...