Vandalism is a serious criminal offense in Massachusetts, defined under G.L. c. 266, § 126A. As a Massachusetts criminal defense attorney, it’s crucial to understand the elements of this crime and how prosecutors must prove their case. Elements of Vandalism To secure a conviction for vandalism, the Commonwealth must prove four key elements beyond a… Read More

Anyone with a restraining order must understand the consequences of a restraining order. These legal tools are critical in situations where someone needs protection, but they also carry significant consequences for those against whom they are issued. This comprehensive guide aims to shed light on the consequences of a restraining order and offers practical advice… Read More

Comprehensive Guide to Bench Warrants: Protecting Your Rights   What Are Bench Warrants?   Bench warrants are judicial orders compelling law enforcement to detain individuals and bring them to court. These warrants differ from arrest warrants, which are based on probable cause of criminal activity. Bench warrants are usually issued due to a failure to… Read More

  Assault and battery with a dangerous weapon causing serious bodily injury is a serious crime in the state of Massachusetts. This crime is punishable by up to 10 years in prison and/or a fine of up to $10,000. In Massachusetts, assault and battery with a dangerous weapon causing serious bodily injury is defined as… Read More

In Massachusetts, parents and stepparents are entitled to a legal defense if they are charged with assault or assault and battery on their child. The parental discipline defense is an affirmative defense. For example, self defense is an affirmative defense. An affirmative defense requires the prosecutor to prove that the defense does not apply. If… Read More

Qualified Immunity  Qualified immunity police officers from being held personally liable for constitutional violations as long as the official did not violate “clearly established” law.  In 1871, Congress  passed 42 USC 1983 to allow citizens to sue government officials personally for civil rights violations.  It says, “Every person who under color of any statute…subjects any… Read More

If you get a Massachusetts speeding ticket your speeding ticket appeal will take place in the District Court where the offense took place.  So if you are given a speeding ticket on the Mass Pike in Framingham the appeal will be in the Framingham District Court. But how do you find out where the appeal will… Read More

Not every criminal case in Massachusetts ends with either a guilty or a not guilty. One way a case can end is with a continuation without a finding. A continuation without a finding or CWOF is a plea where the defendant admits that he or she could be found guilty without actually being found guilty…. Read More

Patrick Donovan Massachusetts Criminal Attorney

The question must be why? Why has the use of Tasers increased so dramatically in Massachusetts in four year? The Boston Herald has reported that in just four years police in Massachusetts have doubled the use of Tasers on people. Police chiefs in Massachusetts must report the use of Tasers with the state. Out of… Read More