617-807-0949 |matt@barisonlaw.com

Legal Overviews

12 6, 2018

Help Yourself Online

By |2025-09-26T03:00:41+00:00June 12, 2018|Court System, Criminal Justice, Legal Overviews, Personal Injury|

If you are reading this post, chances are that you have at least one and probably multiple social media accounts. Facebook, Instagram, Twitter, etc. are all great platforms to share your passions and stay connected with friends and family. But what you share can also be used by people who are not your friends.

Take, for instance, the case of an auto accident. If you have been injured and are seeking compensation, you must be sure that nothing you post online could undermine your claim. Let’s say your foot was injured in the accident and you have been attending ongoing physical therapy. It would be unwise (putting it nicely) to post a picture of yourself playing soccer. Even [Read More…]

7 2, 2018

Dangerous Weapons

By |2025-09-26T03:00:41+00:00February 7, 2018|Court System, Criminal Justice, Legal Overviews|

Massachusetts laws are often written in colorful or archaic language. One such example concerns the offense of “Carrying a Dangerous Weapon” (M.G.L. ch. 269 §10).

Subsection (b) of this law deals with non-firearm weapons, and begins by enumerating a long list of weapons that are inherently dangerous, including a:

“stiletto, dagger or a device or case which enables a knife with a locking blade to be drawn at a locked position, any ballistic knife . . . dirk knife, any knife having a double-edged blade, or a switch knife . . . or a slung shot, blowgun, blackjack, metallic knuckles or knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles, nunchaku, zoobow, also [Read More…]

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…]

11 11, 2014

Overview of the Massachusetts Court System

By |2020-11-01T17:38:15+00:00November 11, 2014|Court System, Legal Overviews|

The Massachusetts court system is vast and can be confusing, especially for litigants going it alone, or pro se. Although we may think ourselves expert DIY-ers, attempting to navigate the courts without an attorney is akin to navigating Boston Harbor without a chart… you might make it, but the chance of running aground on submerged hazards is high.

Trial Courts

District Courts are the rough-and-tumble bedrock of the court system; there are 62 of them in cities and towns throughout the Commonwealth. In Boston, the various neighborhood district courts (e.g. Dorchester, Charlestown, East Boston) fall under the umbrella of the Boston Municipal Court Department. Boston Municipal Court (BMC) refers to the Edward W. Brooke courthouse which hears matters arising within the city’s downtown core. [Read More…]

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