Massachusetts Law Updates

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Deviating from Mandatory Minimum Sentencing posted on Nov 2

The Massachusetts Supreme Court recently considered whether G. L. c. 211E, § 3 (e), authorizes a sentencing judge to depart from the mandatory minimum terms specified by statute for subsequent drug offenses. The defendant in Commonwealth v. Laltaprasad was charged with possession of heroin with intent   …Continue Reading Deviating from Mandatory Minimum Sentencing

No Right to Counsel Prior to Breathalyzer Test

No Right to Counsel Prior to Breathalyzer Test posted on Aug 25

A recent decision from the Massachusetts Supreme Judicial Court stated that a driver asked to take a breathalyzer test does not have right to counsel prior to their decision to take or refuse the test. In Commonwealth v. Neary-French, SJC-12057 the court stated that there is   …Continue Reading No Right to Counsel Prior to Breathalyzer Test

Loss of Minority Status for Portuguese-Owned Construction Firms posted on Jul 18

On April 14, 2016 a Superior Court judge ruled in Federal Concrete, Inc. v. Executive Office of Administration & Finance et al. No. 1684CV00627 to grant an injunction to remove the minority classification for Portuguese-owned businesses in Massachusetts. According to the Operational Service Division (OSD)   …Continue Reading Loss of Minority Status for Portuguese-Owned Construction Firms

Amendments to the Telemarketing Rule posted on Jun 29

The Federal Trade Commission (FTC) has finalized changes to Telemarketing Sales Rule (“TSR” or “Rule”). These amendments define and prohibit the use of certain payment methods in all telemarketing transactions; expand the scope of the advance fee ban for recovery services; and clarify certain provisions of the   …Continue Reading Amendments to the Telemarketing Rule

SJC Rules for Environmental Global Warming Lawsuit posted on May 25

The Massachusetts Supreme Judicial Court recently ruled in Kain v. Department of Environmental Protection ( SJC 11961) that the Massachusetts Department of Environmental Protection(MassDEP) failed to take action by the deadline of 2012 to adopt regulations and set specific limits on greenhouse gas emissions that are   …Continue Reading SJC Rules for Environmental Global Warming Lawsuit

Some Drug Offenders May Get Licenses Back posted on Apr 13

Massachusetts is one of several states that suspends a person’s driver’s license after a conviction for minor drug offenses even though the conviction is not motor vehicle related.   On Wednesday, March 30, 2016, Governor Baker signed a bill repealing the 26 year old law   …Continue Reading Some Drug Offenders May Get Licenses Back

911 Good Samaritan Laws posted on Mar 3

In April 2015 the Massachusetts Department of Public Health confirmed that the number of cases of unintentional overdose in 2014 represents a 33% increase over 2012 and a 3.3% increase over 2013. Some of these deaths could have been prevented by calling 911. Massachusetts Technical   …Continue Reading 911 Good Samaritan Laws

Do you need a Disability Plate or Placard?

Do you need a Disability Plate or Placard? posted on Jan 22

Plates and placards are issued by the Medical Affairs Branch of the Registry of Motor Vehicles, to persons meeting the standards contained in 540 CMR 17.00 who, by reason of disability, need a plate or placard to minimize the distance to be traveled between the   …Continue Reading Do you need a Disability Plate or Placard?

What is the Real ID Act? posted on Dec 22

The REAL ID Act was passed by Congress in 2005 after the 9/11 commission recommended more secure forms of personal identification and to set standards for the issuance of sources of identification, such as driver’s licenses. According to the Department of Homeland Security (DHS) the   …Continue Reading What is the Real ID Act?

What is Zombie Debt? posted on Nov 4

The Federal Trade Commission described zombie debt as “a debt that you think is dead, gone, and forgotten, but has somehow come back to life”. The debt is obtained by collectors who purchase old debt from the original creditors and/or debt collection agencies for a minimal expense   …Continue Reading What is Zombie Debt?