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6 11, 2017

Bail: What you need to know.

By |2025-09-26T03:00:42+00:00November 6, 2017|Constitutional Law, Court System, Criminal Justice, Legal Overviews|

Bail is a very important matter for those facing criminal charges. At arraignment, the Commonwealth, though the Assistant District Attorney, will often request bail. The Defense Attorney will also make a bail request, and then the judge must decide how much bail, if any, to impose.

A recent decision by the Supreme Judicial Court (SJC) has outlined the factors to be considered in setting bail. The most important development from this new ruling, Brangan v. Commonwealth 477 Mass. 691 (2017), is that a Defendant’s dangerousness is NOT a factor to be considered in setting bail.

If the Commonwealth is moving to hold someone without bail, it must hold a dangerousness hearing, which is a separate event from the arraignment; at [Read More…]

17 8, 2017

On Civil Disobedience

By |2025-09-26T03:00:43+00:00August 17, 2017|1st Amendment, Constitutional Law, Criminal Justice, Legal Overviews|

A quick word to friends who are considering engaging in civil disobedience. Be prepared! If you disobey police orders, you are subject to arrest.

The police have broad power to enforce public order. During a protest, instigators are subject to arrest for “public order offenses” such as affray and disturbing the peace. Though the Boston Police tend not to arrest people in en-masse, if you repeatedly disobey an officer’s order, you will probably be arrested. (Note, State Police and Federal law enforcement agencies tend to be more aggressive).

More on resisting arrest… the Massachusetts Model Jury Instructions state:

“A person commits the crime of resisting arrest if he knowingly prevents or attempts to prevent a police officer . . . from effecting an arrest of [himself] or another [Read More…]

2 5, 2017

New Office Location at 100 Cambridge St.

By |2025-09-26T03:00:43+00:00May 2, 2017|Uncategorized|

Barison Law is proud to announce our new home, 100 Cambridge St. in Downtown Boston. Our new location is easily accessible from Bowdoin, Government Center, Charles/MGH, Haymarket and North Station. We look forward to serving you!

New Mailing Address:

Matthew K. Barison, Esq.
100 Cambridge St., 14th Floor
Boston, MA 02114

29 12, 2016

MA Legislature Delays Implementation of Recreational Marijuana Sales; Accountability Lacking.

By |2020-11-01T17:37:58+00:00December 29, 2016|Marijuana Law|

In a move that has upset liberals, conservatives, tokers and teetotalers alike, the Massachusetts Legislature passed a bill yesterday delaying the opening of retail marijuana shops by six months.

As you may recall, this November, Massachusetts voters approved a ballot question legalizing marijuana. The ballot question made possession legal as of December 15, and gave the Commonwealth until January 1, 2018 to devise a regulatory structure governing retail sales. Thus, pot shops were set to open in 2018, thereby eliminating the legal grey-area that now exists, in which the possession of MJ is legal, but the sale of it is not.

You may also recall that the majority of the State Legislature and our Republican Governor were opposed to legalization. Nonetheless, when the ballot measure [Read More…]

14 11, 2016

Ready to Fight for You

By |2020-11-01T17:37:58+00:00November 14, 2016|Discrimination, LGBT Rights, Race, Same Sex Marriage|

The election of Donald Trump has caused a great deal of concern amongst those who may be impacted by his policies. Fortunately, for those of us in Massachusetts, the Commonwealth has strong anti-discrimination laws that will remain in effect regardless of changes to Federal laws. If you are being harassed based on your minority status (race, age, sex, disability, national origin, sexual orientation) please don’t hesitate to contact me. Additionally, if you are in a same-sex partnership with a child, now is a good time to apply for a second parent adoption to secure your parental rights in less progressive states.

Contact me at: 617-807-0949 or matt@barisonlaw.com

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