Worcester Criminal and Real Estate Law Blog

What is involuntary manslaughter?

Many Massachusetts' residents can probably rattle off names of people they know who have gotten behind the wheel intoxicated and gotten home without any incident or interaction with law enforcement agencies. Unfortunately, not many realize that it takes one second for everything to go wrong. One incoherent moment and an accident with someone else ups the charges from a DUI to involuntary manslaughter charges.

In Massachusetts, when someone unintentionally causes the death of someone else while engaging in reckless behavior, it is known as involuntary manslaughter. This means that the person accused of killing the other person did not intend to cause the death. In other words, there was no premeditation. When someone is operating their vehicle while under the influence of alcohol and acting negligently or recklessly, and as a result causes someone else's death, motor vehicle homicide has occurred. Depending on the circumstances, this offense could be deemed either a felony or a misdemeanor.

What is domestic assault?

As mentioned previously on this blog, assault takes place when someone intends to cause fear in another. That fear could be of immediate bodily harm, death, or the attempt to inflict such harm. When the perpetrator is a family member or a close acquaintance, it could end up being categorized as domestic assault.

Domestic violence refers to violent acts committed against another by family or household members. It generally applies to all partners-from married and unmarried to dating partners. While many Massachusetts residents may equate domestic assault with rape and murder, this is not always the case, as it could also include lesser forms of violence such as pushing.

Our firm offers support for real estate transactions

Buying a home or securing a space for a new Worcester business can be both exciting and nerve-wracking. Whether the real estate transaction in question is for a commercial or residential tract, a rental property or a purchase, there are many issues that must be addressed before the completion of the deal. And because there are so many steps that must be undertaken in order for the process to be completed, there are numerous opportunities for problems to introduce themselves into the transaction.

For example, after finding a physical site that meets a real estate purchaser's needs it may be very tempting to simply sign whatever contract is offered for the property in order for the purchaser to take ownership. However, eager purchasers may miss important contractual terms if they do not take their time and ensure that the purchase agreements are properly reviewed and negotiated.

Buying a home is easier when you understand easements

When purchasing a home or property in Massachusetts, people often move forward with their purchases without a full understanding of important issues, such as boundary lines and easements. It is great to be excited about a real estate purchase, but buyers will find it beneficial to ask the right questions in order to avoid future complications.

You may be surprised to learn that the government, utilities companies, the public or your neighbors may have certain rights to access the property you recently bought or intend to buy. You can make your life easier and avoid unpleasant interactions later by understanding your easement rights before you even close on the property.

Know what you are getting before making a real estate purchase

Whenever you make a purchase, it would seem obvious that you would want to know exactly what you are getting. You aren't going to buy a car without knowing the engine has seized, or a computer without knowing that the motherboard is damaged. The same is true with real estate. Whether you are purchasing property or a home in or near Worchester, Massachusetts, or anywhere throughout the United States, it is crucial that you know what you are getting before you sign on the dotted lines.

Real estate sellers are required by law to disclose any problem on the property or buildings that they are aware of. Additionally, it is illegal to willfully conceal defects on the property. Disclosing or not disclosing damage or problems on a property could have a substantial effect on a property's value.

Understanding your Miranda rights can help you in court

If you watch any police drama on television, you have probably heard the Miranda Rights spoken, though you may not have even known it. The Miranda Rights are part of the United States Constitution, and these rights protect Americans against self-incrimination. What exactly does that mean?

In 1963 in Phoenix, Arizona an 18-year-old woman was abducted and raped in the desert. Police authorities eventually found a suspect, Ernesto Miranda. Miranda was interrogated and through the interview confessed to the crimes. He later recanted on the confession, claiming that he was never told he did not have to say anything at all. He was convicted anyway.

What exactly is a field sobriety test?

It is well known that excessive consumption of alcohol leads to serious side effects that can affect the way a person drives a car. The United States government is well aware of this, and has strict driving while under the influence laws, or DUI, in place to dissuade people from drinking and driving and to punish those who are caught behind the wheel after having had too much to drink.

It is not always easy for police officers to find drunk drivers on the road, but if they do pull someone over and suspect that they may have had too much to drink, there are several things they could do to prove the driver is intoxicated including giving the driver a breath test or a field sobriety test. A breath test will determine a driver's Blood/Alcohol Content level, or BAC level. A field sobriety test, on the other hand, is a series of three tests done by police officers to check a driver's sobriety.

How could a plea negotiation help me?

We are all human. And humans make mistakes. Often these mistakes are minor, but sometimes they can lead to long-term or even life-long consequences. Perhaps you had a couple drinks and got behind the wheel of car and were arrested under the suspicion of driving while intoxicated. Or maybe you were at the bar and were just in the wrong place at the wrong time and found yourself in the middle of a fight. Or maybe you just happen to hang out with the wrong crowd and got caught on a drug charge. Whatever the reason, if you are facing criminal charges, it is important to know your rights and to weigh all your options.

Depending upon the circumstances of your arrest, including the seriousness of your offense, the strength and presence of evidence and the likelihood of a guilty verdict, you may be able to work with a prosecutor to negotiate a plea deal. They could negotiate a lesser charge or drop one of the charges if you accept guilt of another charge.

We help those accused of DUI or OUI battle the prosecution

Most of us know the law. As law-abiding citizens, we know it isn't legal to get behind the wheel when one is intoxicated. However, accidents can happen as can extenuating circumstances. If you or a loved one has been charged with DUI or OUI, you may be wondering what the options are. DUI convictions have come with more serious consequences in recent years; however, if a person isn't guilty of this crime, they shouldn't face the consequences.

The Massachusetts state or county prosecutor will do their best to build a damning case against a person accused of DUI or OUI. They might reference BAC levels, a blood test or other forms of evidence taken at the time of the arrest or sobriety test. However, these tests must be administered according to protocol. If the arresting agency did not follow proper procedure, for example, that evidence may be inadmissible in court.

Protecting your interests as a Massachusetts landlord

The law provides protections to both landlords and tenants, yet the majority of the protections is for the benefit of the tenants. As a Massachusetts landlord, you would be wise to work to protect your interests and avoid unnecessary disputes with your tenants.

Preventing problems is the key to saving time, money and a significant amount of stress as a landlord. Avoiding pitfalls is not always an easy process, and you may find it beneficial to seek guidance as you work to avoid unnecessary complications. Being a landlord is complicated, but with preparation, it can be a profitable endeavor.

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