Criminal Defense

What does a person have to prove to win a slander or libel claim?

Defamation includes both slander and libel. Generally, slander occurs when the reputation or good name of someone is damaged as a result of false statements that are made orally. Libel, on the other hand, occurs when false statements regarding another are put in writing. Whether a particular statement, oral or written, constitutes defamation in the nature of slander or libel

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What are the privacy rights under law of a US citizen?

The average member of the public is entitled to privacy protections, although the strength of those protections will vary depending upon the particular factual circumstances. Generally, there are four different actions that an injured plaintiff can allege to recover for an unlawful invasion of his privacy. The first concerns the unlawful appropriation of another’s image. The plaintiff could make this

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What must a plaintiff prove to recover for an assault or battery?

The terms assault and battery are often erroneously used interchangeably. An assault can be defined as the threat to use unlawful force to inflict bodily injury upon another. The threat, which must be believed to be imminent, must cause reasonable apprehension in the plaintiff. Therefore, where the defendant has threatened some use of force, creating an apprehension in the plaintiff,

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What is Assault and Battery?

Assault and battery are actually two separate legal claims. Most commonly, they go together, but they do not have to. It depends on the circumstances of your injuries; you may have a claim for assault, a claim for battery or both. Both claims require that the assailant intended to harm the victim. The harm may be to induce fear in

Read More >

Drunk Driving Defense

Drunk Driving (referred to as OUI, DUI, DWI, and OWI) is one of the most common criminal charges brought in Massachusetts. Under Massachusetts drunk driving law the charge is referred to as Operating Under the Influence (OUI), and that is the term that we shall use here. While actual drunken driving is a clear danger and a serious problem, many

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Common OUI DUI Fact Patterns

Most Massachusetts OUI arrests begin with an evening or late night traffic stop by a Massachusetts police officer, usually for some other offense, such as speeding or crossing over a marked lane. As a result of the traffic stop, the officer comes face to face with the accused, and may smell alcohol. Often the accused is then asked to exit

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Know Your Rights

Most people are unaware of their rights concerning being stopped for suspicion of drunk driving. For example:     You have the right to refuse a breathalyzer test (although there is a license suspension as a result).     You have a right to refuse to perform field sobriety tests, such as walk and turn, finger to nose, etc.     You have

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Analysis of a Massachusetts OUI Case

Many Massachusetts OUI cases can be successfully defended. The first step in the analysis is looking at the reason for the stop: did the officer observe a civil infraction? If not, the stop itself may be illegal, and the accused may be able to force the case to be dismissed as a result. If the stop was legal, the next

Read More >

What does a person have to prove to win a slander or libel claim?

Defamation includes both slander and libel. Generally, slander occurs when the reputation or good name of someone is damaged as a result of false statements that are made orally. Libel, on the other hand, occurs when false statements regarding another are put in writing. Whether a particular statement, oral or written, constitutes defamation in the nature of slander or libel

Read More >

What are the privacy rights under law of a US citizen?

The average member of the public is entitled to privacy protections, although the strength of those protections will vary depending upon the particular factual circumstances. Generally, there are four different actions that an injured plaintiff can allege to recover for an unlawful invasion of his privacy. The first concerns the unlawful appropriation of another’s image. The plaintiff could make this

Read More >

What must a plaintiff prove to recover for an assault or battery?

The terms assault and battery are often erroneously used interchangeably. An assault can be defined as the threat to use unlawful force to inflict bodily injury upon another. The threat, which must be believed to be imminent, must cause reasonable apprehension in the plaintiff. Therefore, where the defendant has threatened some use of force, creating an apprehension in the plaintiff,

Read More >

What is Assault and Battery?

Assault and battery are actually two separate legal claims. Most commonly, they go together, but they do not have to. It depends on the circumstances of your injuries; you may have a claim for assault, a claim for battery or both. Both claims require that the assailant intended to harm the victim. The harm may be to induce fear in

Read More >

Drunk Driving Defense

Drunk Driving (referred to as OUI, DUI, DWI, and OWI) is one of the most common criminal charges brought in Massachusetts. Under Massachusetts drunk driving law the charge is referred to as Operating Under the Influence (OUI), and that is the term that we shall use here. While actual drunken driving is a clear danger and a serious problem, many

Read More >

Common OUI DUI Fact Patterns

Most Massachusetts OUI arrests begin with an evening or late night traffic stop by a Massachusetts police officer, usually for some other offense, such as speeding or crossing over a marked lane. As a result of the traffic stop, the officer comes face to face with the accused, and may smell alcohol. Often the accused is then asked to exit

Read More >

Know Your Rights

Most people are unaware of their rights concerning being stopped for suspicion of drunk driving. For example:     You have the right to refuse a breathalyzer test (although there is a license suspension as a result).     You have a right to refuse to perform field sobriety tests, such as walk and turn, finger to nose, etc.     You have

Read More >

Analysis of a Massachusetts OUI Case

Many Massachusetts OUI cases can be successfully defended. The first step in the analysis is looking at the reason for the stop: did the officer observe a civil infraction? If not, the stop itself may be illegal, and the accused may be able to force the case to be dismissed as a result. If the stop was legal, the next

Read More >

Know Your Rights

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