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Joseph  Simons Lawyer

Joseph Simons

VERIFIED
Criminal, White Collar Crime, Felony, DUI-DWI
Offering high-quality criminal defense to people in Boston and throughout Massachusetts.

I help people in all walks of life, from doctors to CEOs to blue-collar workers. Whoever you are, if you're facing criminal charges, everything else ... (more)

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800-926-4450

Robert M. Strasnick Lawyer

Robert M. Strasnick

VERIFIED
Criminal, Divorce & Family Law, Real Estate, Accident & Injury

After graduating from the University of Massachusetts, Rob attended the New England School of Law. He graduated Magna Cum Laude in 1997 and commenced ... (more)

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800-957-4160

Arthur P. Murphy Lawyer

Arthur P. Murphy

VERIFIED
Accident & Injury, Criminal, Employment, Business, Divorce & Family Law

Mr. Murphy’s legal career emphasizes management labor, corporate, and litigation matters. Selected in the publication of Best Lawyers in America, Mr... (more)

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800-940-6911

George F. Ohlson Lawyer

George F. Ohlson

VERIFIED
Criminal

George F. Ohlson, Jr. is a partner at Ohlson & Ohlson, Attorneys at Law. Attorney Ohlson’s practice exclusively consists of criminal litigation. He ... (more)

Robert N. Launie Lawyer

Robert N. Launie

VERIFIED
Divorce & Family Law, Lawsuit & Dispute, Criminal

Attorney Robert N. Launie graduated from Boston College High School in 1974 and Boston College in 1978. After working in-house for a large union mason... (more)

J. Christopher Amrhein Lawyer

J. Christopher Amrhein

VERIFIED
Accident & Injury, Medical Malpractice, Criminal, Construction, Car Accident

Attorney J. Christopher Amrhein, a Top 100 Trial Lawyer, has been providing Massachusetts and the New England area with the highest quality legal repr... (more)

Melanie  Shapiro Lawyer

Melanie Shapiro

VERIFIED
Immigration, Criminal, Domestic Violence & Neglect, Federal Appellate Practice, Asylum
Experienced, client centered attorney

Francis T. O'Brien, Jr. Lawyer

Francis T. O'Brien, Jr.

Criminal, Personal Injury, Wrongful Death

Francis T. O’Brien, Jr. is the founder of O'Brien Law Boston, a criminal law specialty firm. Formerly of counsel/director of criminal practice grou... (more)

Christopher E. Sawin Lawyer

Christopher E. Sawin

VERIFIED
Divorce & Family Law, Estate, Criminal

Christopher E. Sawin is Founder and Principle Attorney of Sawin Law, P.C., where he concentrates his practice in family law, probate, estate planning,... (more)

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800-941-7190

William J. Gillespie Lawyer

William J. Gillespie

VERIFIED
Accident & Injury, Criminal, Divorce & Family Law, Immigration, Motor Vehicle

If you or someone you know needs legal expertise in these areas, you want Attorney William J. Gillespie working for you. He has been in practice since... (more)

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781-344-6998

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LEGAL TERMS

EXECUTIVE PRIVILEGE

The privilege that allows the president and other high officials of the executive branch to keep certain communications private if disclosing those communicatio... (more...)
The privilege that allows the president and other high officials of the executive branch to keep certain communications private if disclosing those communications would disrupt the functions or decisionmaking processes of the executive branch. As demonstrated by the Watergate hearings, this privilege does not extend to information germane to a criminal investigation.

BAILOR

Someone who delivers an item of personal property to another person for a specific purpose. For example, a person who leaves a broken VCR with a repairman in or... (more...)
Someone who delivers an item of personal property to another person for a specific purpose. For example, a person who leaves a broken VCR with a repairman in order to get it fixed would be a bailor.

HOT PURSUIT

An exception to the general rule that a police officer needs an arrest warrant before he can enter a home to make an arrest. If a felony has just occurred and a... (more...)
An exception to the general rule that a police officer needs an arrest warrant before he can enter a home to make an arrest. If a felony has just occurred and an officer has chased a suspect to a private house, the officer can forcefully enter the house in order to prevent the suspect from escaping or hiding or destroying evidence.

CHARGE

A formal accusation of criminal activity. The prosecuting attorney decides on the charges, after reviewing police reports, witness statements and any other evid... (more...)
A formal accusation of criminal activity. The prosecuting attorney decides on the charges, after reviewing police reports, witness statements and any other evidence of wrongdoing. Formal charges are announced at an arrested person's arraignment.

CRIMINAL INSANITY

A mental defect or disease that makes it impossible for a person to understand the wrongfulness of his acts or, even if he understands them, to ditinguish right... (more...)
A mental defect or disease that makes it impossible for a person to understand the wrongfulness of his acts or, even if he understands them, to ditinguish right from wrong. Defendants who are criminally insane cannot be convicted of a crime, since criminal conduct involves the conscious intent to do wrong -- a choice that the criminally insane cannot meaningfully make. See also irresistible impulse; McNaghten Rule.

MCNAGHTEN RULE

The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wron... (more...)
The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wrong at the time he committed the crime. For example, a delusional psychotic who believed that his assaultive acts were in response to the will of God would not be criminally responsible for his acts.

LARCENY

Another term for theft. Although the definition of this term differs from state to state, it typically means taking property belonging to another with the inten... (more...)
Another term for theft. Although the definition of this term differs from state to state, it typically means taking property belonging to another with the intent to permanently deprive the owner of the property. If the taking is non forceful, it is larceny; if it is accompanied by force or fear directed against a person, it is robbery, a much more serious offense.

PRESUMPTION OF INNOCENCE

One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecu... (more...)
One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecution must prove, beyond a reasonable doubt, each element of the crime charged.

INFORMED CONSENT

An agreement to do something or to allow something to happen, made with complete knowledge of all relevant facts, such as the risks involved or any available al... (more...)
An agreement to do something or to allow something to happen, made with complete knowledge of all relevant facts, such as the risks involved or any available alternatives. For example, a patient may give informed consent to medical treatment only after the healthcare professional has disclosed all possible risks involved in accepting or rejecting the treatment. A healthcare provider or facility may be held responsible for an injury caused by an undisclosed risk. In another context, a person accused of committing a crime cannot give up his constitutional rights--for example, to remain silent or to talk with an attorney--unless and until he has been informed of those rights, usually via the well-known Miranda warnings.

SAMPLE LEGAL CASES

Commonwealth v. Vick

... Further, the defendant continues, the judge's instruction was highly prejudicial because it improperly suggested to the jury that his statements and actions may have had criminal connotations when, in the defendant's view, the evidence against him was far from overwhelming. ...

Commonwealth v. Bostock

... The underlying policies of Gonsalves urge us not to extend its holding to a case where the police have reasonable suspicion of criminal activity. ... Id. at 663. A reasonable suspicion of criminal activity is justification to act in a more intrusive manner. ...

Wenger v. Aceto

... On February 3, the defendant had the formal written demand delivered by hand to the plaintiff. In the letter, the defendant notified the plaintiff of his intent to apply for criminal charges against him if he (the plaintiff) failed to provide payment as promised. ...