Levin and Levin, LLPQuincy Massachusetts Real Estate Lawyer | Braintree Corporate Business Law Attorney | Weymouth Foreclosure Law Firm2024-03-11T12:58:24Zhttps://www.levinandlevin.com/feed/atom/WordPress/wp-content/uploads/sites/1200774/2020/08/cropped-site-icon-32x32.jpgOn Behalf of Levin and Levin, LLPhttps://www.levinandlevin.com/?p=502572024-03-11T12:58:24Z2024-03-11T12:58:24ZOversharing
People who feel nervous during an interaction with police officers might volunteer unnecessary information. Sharing too much information with a police officer without needing to do so can put someone at a real disadvantage.
Refusing to cooperate
The opposite approach can be equally problematic. Someone who won't roll their window down or gives cagey answers to a police officer's questions might only intensify the police officer's suspicions. They could end up facing targeted questions and increased scrutiny because they are uncooperative or defensive when they interact with an officer.
Preemptively gathering traffic stop items
The average person probably understands that a police officer expects to see their license, registration and proof of insurance during a traffic stop. However, such conduct may heighten an officer's suspicions or may result in someone behaving in a way that seems inappropriate during the traffic stop.
Agreeing to field sobriety testing
In Massachusetts, there is an implied consent law that requires drivers to submit to chemical testing in certain situations. Those implied consent rules do not apply to field sobriety test requests. Officers usually ask people to perform field sobriety tests when they suspect intoxication but do not yet have the necessary evidence to justify arresting or chemically testing a driver. Those drivers have the option of refusing a testing process that could make them look guilty.
Trying to talk the officer out of an arrest
Once an officer has the necessary probable cause to request chemical testing, drivers sometimes try to turn on the charm to avoid an arrest. However, the more they say to police officers, the more evidence the state may have when pursuing charges against them later.
Additionally, drivers arrested for DWI offenses often fail to make use of their right to remain silent and may limit their options for a criminal defense by doing so. Learning from this and other common mistakes that other people make during traffic stops may benefit those who would prefer to avoid unnecessary DWI charges.]]>On Behalf of Levin and Levin, LLPhttps://www.levinandlevin.com/?p=502562024-02-28T15:07:20Z2024-02-28T15:07:20ZSet clear boundaries
Boundaries are crucial for everyone going through a divorce with a narcissist. This may involve limiting direct communication and opting for written correspondence through emails or texts, which can serve as a record of conversations. It’s essential to firmly uphold these boundaries regardless of attempts to cross them because this can help reduce the narcissist's ability to manipulate the situation.
Keep communication factual
When communication is necessary, it's crucial to keep it brief, factual and without any emotional content. Narcissists often try to elicit an emotional response that they can exploit to their advantage. Sticking to the facts and avoiding emotional engagement removes those opportunities for manipulation, which keeps the focus on resolving the divorce proceedings.
Document everything
Documentation is vital in any divorce, but it becomes even more critical when divorcing a narcissist. Detailed records of everything from conversations to receipts for joint expenses can considerably help during the divorce process. Narcissists may attempt to twist facts or deny agreements, so having a comprehensive paper trail can provide crucial evidence and support claims in legal proceedings.
Seek professional support from therapists or counselors familiar with narcissistic behaviors. Doing this can offer the emotional support and coping strategies necessary to manage the stress of the divorce process.
Engaging with a legal professional experienced in high-conflict divorces can provide individuals with the strategies needed to navigate the complexities of their specific case. Ultimately, people going through this challenging situation should understand their options and make logical decisions based on what’s best for their needs, not emotional decisions based on the trauma they’ve suffered at the hands of their spouse.]]>On Behalf of Levin and Levin, LLPhttps://www.levinandlevin.com/?p=502552024-02-24T21:19:02Z2024-02-24T21:19:02ZFailing to preserve evidence
One of the most important steps someone can take after a slip and fall is to gather their own evidence. Whether someone tripped over an exposed power cord or slipped in a puddle of water caused by a leaking roof, those dangerous facility conditions are essentially proof of negligence on the part of the business. If someone does not take photographs or record video with their mobile phone at the scene of the slip-and-fall, they may not have any reliable evidence of the negligence that led to their injury.
Choosing not to file a report
Most companies that make their facilities open to the public have a reporting process for incidents like slip-and-falls. Workers may need to contact a manager, and the manager may need to document certain details about what transpired and when.
Someone who files a report at the business creates a paper trail affirming that an incident occurred. They also create an obligation for the business to preserve certain evidence, such as security camera footage that may have captured their fall. If someone leaves the business without reporting what happened, they may have a harder time seeking compensation from the business or its insurance company later.
Forgoing a medical evaluation
There are several serious injuries that someone could develop in a slip-and-fall scenario. Some people break bones, which can be immediately obvious. Others might hit their heads. They might develop a traumatic brain injury, which may not have any significant symptoms until days or even weeks after someone hits their head on the floor at the store.
Their injury could worsen without proper medical intervention, and it may be harder for someone to seek compensation when there was a lengthy delay between when they got hurt and when a doctor finally diagnosed them with an injury. Particularly if someone hit their head or fainted during a slip-and-fall, they might be at risk of having a traumatic brain injury.
The sooner that an injury victim receives a diagnosis, the better their chances of getting both proper treatment and compensation for their injuries. Avoiding the mistakes that other people frequently make after a slip-and-fall could help someone obtain the best possible outcome when navigating this kind of difficult situation.]]>On Behalf of Levin and Levin, LLPhttps://www.levinandlevin.com/?p=502542024-01-30T14:28:56Z2024-01-30T14:28:56ZWhat is the right of discovery?
State prosecutors have an obligation to share their evidence with defendants before the case goes to trial. That right can make all the difference for someone trying to prove their innocence. Defendants have an opportunity to review the state's evidence with their lawyers before presenting their case in court.
They can use the right of discovery to look for ways to counter or challenge the most compelling evidence that the state has gathered. Sometimes, individuals working with an attorney could raise questions about how police gathered that evidence.
If there is proof that the police violated someone's civil rights by conducting an illegal search, for example, it may be possible to exclude certain evidence from a criminal trial. In some cases, invoking the exclusionary rule might lead to the dismissal of charges because the state no longer has sufficient evidence to secure a conviction.
Defendants can also use a strategy where they raise questions about how the state analyzed the evidence. Bringing in expert witnesses can raise questions about the accuracy of the state's reports regarding forensic or financial evidence. If the state's case largely relies on witnesses, obtaining a list of prospective witnesses could help people raise questions about the credibility of individuals providing key testimony on behalf of the state.
Those who once believed that the state had a strong case against them might come to realize that they have a very good chance of successfully defending against their pending charges. Learning about one's rights and using them can be crucial for those pursuing a favorable outcome when facing criminal charges in Massachusetts.]]>On Behalf of Levin and Levin, LLPhttps://www.levinandlevin.com/?p=502532024-01-13T03:40:00Z2024-01-13T03:40:00Ztheir divorce rate triple during those years. People refer to divorces that occur later in life after many years of marriage as gray divorces or sometimes even silver splitters.
The laws that apply to such divorces are the same as the laws in place for divorces earlier in life, but the challenges that arise during the process are often different.
What can potentially complicates gray divorces?
Those preparing for a gray divorce usually no longer have minor children at home. Therefore, the majority of their disputes often stem from property division matters and alimony issues. People may fight bitterly over finances, especially when they have committed decades of their lives to a marriage. Those financial terms may have a much more significant impact on those who divorce later in life.
Particularly if the spouses have already retired, they may worry about their ability to support themselves after the divorce. Even if one spouse worked while the other stayed home to raise their children, they may need to divide retirement savings and pension benefits. There are also frequently concerns about someone's eligibility for Medicare or Social Security retirement benefits if they sacrificed their career development to take care of the marital home and family members.
Additionally, when gray divorces occur between those who have adult children, the social to the announcement of the divorce may be much more profound than people initially anticipate. Adult children are not subject to forced visitation and shared custody arrangements the way that minor children are. Their feelings about the divorce might lead to them withdrawing from their relationship with one of their parents and taking the side of the other.
Those preparing for a gray divorce often need to contemplate both their family relationships and their finances very carefully. With that said, realizing that gray divorce has become more common can take some of the sting out of the decision to file and may help people better prepare themselves for their time in family court.]]>On Behalf of Levin and Levin, LLPhttps://www.levinandlevin.com/?p=502522023-12-28T23:07:28Z2023-12-28T23:07:28ZWhat is the Massachusetts approach to pets in divorce?
Families often have very strong emotional bonds with their companion animals. People may view a pet as part of the family, but legally it is not. Dogs, cats and other pets are technically personal property, not family members. Therefore, property division statutes, not custody rules, generally govern what would happen with a pet when spouses cannot agree on who should keep the animal.
Occasionally, Massachusetts judges may consider what they think would be in the best interests of the animal when deciding who keeps the animal. However, they can and often do simply treat the pet as a piece of property with a fixed financial value. Judges do not create shared custody arrangements for pets but instead allocate the animals to one spouse or the other in the divorce.
Those hoping to arrange for shared pet custody in Massachusetts typically need to handle those matters on their own. The family courts can approve property division settlements and custody arrangements that discuss a pet. Otherwise, people may have to accept the possibility of losing access to the pet at the end of a litigated divorce.]]>On Behalf of Levin and Levin, LLPhttps://www.levinandlevin.com/?p=502512023-11-30T08:13:10Z2023-11-30T08:13:10ZMassachusetts offers drug courts as an alternative
There are dozens of adult drug courts currently operating in Massachusetts. These courts are an alternative option for individuals facing certain criminal charges. Those accused of non-violent offenses who have a substance abuse disorder may qualify for drug court proceedings.
A traditional criminal trial requires that someone enter a plea, and they will be at risk of criminal penalties if they plead guilty or the courts convict them. The drug courts do not focus on proving someone's guilt. Instead, they seek to address the underlying issue that contributed to someone's criminal behavior.
The drug courts can oversee someone's recovery efforts. Those who successfully graduate from the drug court program do not need to serve a criminal sentence. They can also avoid a criminal record that would limit their opportunities for years to come. Instead of attending a few hearings in court, those going through the drug courts will instead attend routine meetings, undergo intensive substance abuse treatment and be subject to random drug testing. If they successfully complete the program and graduate, they can bypass a criminal conviction and all the consequences it would generate.
Not everyone qualifies for drug court proceedings. Yet, learning more about alternative courts can help a defendant decide if drug court might be a viable option in their case.]]>On Behalf of Levin and Levin, LLPhttps://www.levinandlevin.com/?p=502502023-11-30T05:57:16Z2023-11-30T05:57:16ZHow does Massachusetts law protect those who get emergency help?
The Massachusetts Good Samaritan Law provides immunity from arrest and prosecution for drug possession charges if evidence was discovered only because the individual under scrutiny sought help for an overdose or if they administered naloxone to an overdose victim. The law also provides immunity from a violation of “condition of probation, pretrial release or parole” if evidence was discovered the same way. Those protections extend to the person for whom they sought help as well.
Note that the law doesn’t provide immunity for higher level drug offenses. If police arrive on the scene and find evidence of “trafficking, distribution or possession of a controlled substance with intent to distribute,” for example, the law doesn’t apply. It does note, however, that getting help for someone experiencing a drug overdose “may be used as a mitigating factor in a criminal prosecution under the Controlled Substance Act” under these circumstances.
The law also doesn’t cover any other type of offenses. If police discover what they believe to be stolen property, illegal weapons or evidence of a violent crime when responding to an overdose situation, for example, they can arrest people and they may be charged accordingly.
Overdose scenes can be chaotic and crowded – especially when first responders show up. It can take police some time to sort out who’s who and who called for help. If you’ve been arrested and charged for drug possession but you believe you qualify for immunity under the law, it’s crucial to protect your rights. Even if the offense with which you’re charged doesn’t qualify under the law, it may help to make the case that your alleged wrongdoing was only discovered because you did the right thing. Getting legal guidance as soon as possible can help.]]>On Behalf of Levin and Levin, LLPhttps://www.levinandlevin.com/?p=502492023-11-29T12:56:27Z2023-11-29T12:56:27ZCrash statistics help drivers identify risky routes
The Massachusetts Department of Transportation gathers and analyzes information about major collisions. The Department's interactive map showing where crashes occur can provide drivers with insight into where it is safest and most dangerous to drive.
Massachusetts Route 3A is one of the most dangerous roads in the region. There are severe sections that see a higher-than-average number of crashes. There are several high-risk sections of Route 3A in the north part of town. The stretch between Southern Artery and South Street sees a large number of wrecks, as does the area south of Faxon Field.
Route 53 is also a collision hot spot, including where it intersects with Southern Artery. Finally, Interstate 93, which is west of Quincy, also sees a lot of crashes. There are many surface streets through the downtown area which are also prone to crashes despite lower traffic speeds than the average speed on highways.
Obviously, drivers cannot simply avoid Route 3A and other major thoroughfares through Quincy to minimize their crash risk. Still, being aware of where risk is higher may help people choose better routes when possible and make safety a priority when changing routes isn't an option.]]>On Behalf of Levin and Levin, LLPhttps://www.levinandlevin.com/?p=502482023-11-08T14:27:48Z2023-11-08T14:27:48ZDealing with reactions from other kids as well as adults
Kids often have little or no filter. Even if they’re not trying to be cruel, they can frighten your child with stories of their parents’ divorce. If your child is the first in their circle of friends with divorced parents, they may feel embarrassed, ashamed or just “different.” Additionally, you can’t always count on adults in their life, from teachers and coaches to grandparents, not to say anything to or in front of your child that will add to their anxiety.
This is why it’s crucial for parents to give their kids (especially younger ones) tools for dealing with telling people when they need to and for processing negative reactions. It’s also important to let them know that they don’t have to answer questions they aren’t comfortable with. Give them a few suggestions for politely but firmly dealing with intrusive questions. You may want to role play with them to reinforce your guidance.
Setting boundaries
It’s also crucial for your child’s well-being and yours to discuss boundaries. Younger children (and sometimes older ones) don’t always know what is okay to share and what isn’t. It’s important to keep that in mind when you talk to or within earshot of your child about the divorce or your co-parent.
Make sure your child feels comfortable talking to you or your co-parent when someone says or asks something that worries them or makes them feel bad or frightened. If your child feels secure about their life during and after your divorce, they’ll be less likely to be bothered by what others say.
The more amicable and respectful you’re able to keep your divorce, the less stress and upheaval your child will likely feel. Being proactive about the challenges that your child is likely facing can help them navigate this time in healthy ways.]]>