Levin and Levin, LLPQuincy Massachusetts Real Estate Lawyer | Braintree Corporate Business Law Attorney | Weymouth Foreclosure Law Firm2026-10-29T16:40:35Zhttps://www.levinandlevin.com/feed/atom/WordPress/wp-content/uploads/sites/1200774/2020/08/cropped-site-icon-32x32.jpgOn Behalf of Levin and Levin, LLP<![CDATA[Can police search your phone after an arrest in Massachusetts?]]>https://www.levinandlevin.com/?p=503852026-10-29T16:40:35Z2026-10-29T16:40:35ZSuppose a traffic stop on Route 3A in Quincy ends in your arrest and an officer takes your phone. Many people assume investigators can then review everything, including messages with your ex about the kids. Massachusetts law, however, places meaningful limits on what officers can access.
Police can take your phone during an arrest
During an arrest, officers can generally take the property you’re carrying, including your phone. They may also power it off or block its signal to prevent anyone from erasing information remotely. Taking your phone, however, isn’t the same as searching it.
Phone searches usually require warrants
The U.S. Supreme Court ruled in Riley v. California that an arrest, by itself, does not justify searching a phone's digital contents. Police generally must obtain a warrant supported by probable cause. Massachusetts appliesits own constitutional protections, which can reach further than federal law.
Warrants limit what police examine
Even a valid warrant doesn’t authorize unlimited access to your digital life. Massachusetts’ highest court has said phone warrants must describe the evidence sought and generally include a time limit. A warrant for texts from the night of your arrest typically wouldn’t authorize reviewing years of photos.
Consent or emergencies create exceptions
You can give officers permission to search, although the scope of that consent matters. Police may also search without a warrant in a genuine emergency, such as an immediate threat to someone's safety. Simply wanting quick access to evidence does not establish an emergency. Whether an exception applies depends on the circumstances.
Phone unlocking raises separate questions
When police try to make you unlock your phone, your right against self-incrimination may come into play. A Massachusetts judge can order you to enter a passcode only in limited circumstances. Prosecutors must first prove beyond a reasonable doubt that you know it. Voluntarily unlocking your phone for an officer is different. It may count as consent, similar toagreeing to a vehicle search.
Unlawful searches may affect evidence
If officers searched your phone without a valid legal basis, your attorney may ask a judge to exclude improperly obtained evidence. That is not automatic. Judges review the facts, the warrant and any claimed exception. How police accessed your phone can therefore influence which information prosecutors are allowed to use.]]>On Behalf of Levin and Levin, LLP<![CDATA[Can you sue if a crash was partly your fault?]]>https://www.levinandlevin.com/?p=503832026-10-22T17:18:19Z2026-10-22T17:18:19Z
Imagine another driver ran a red light and hit your car. You ended up in the hospital with a broken collarbone and other injuries that required weeks of physical therapy. Now the insurance adjuster is asking pointed questions about your actions before the crash. Were you wearing your seatbelt? Driving over the speed limit? Did you glance at your phone?
The insurance companies often look to push as much blame on you as possible to ease their financial responsibility. However, understand that your own mistakes do not automatically bar you from recovering compensation in Massachusetts.
Comparative fault allows partial recovery
Massachusetts follows a modified comparative negligence rule. This means you can still recover damages even if you share some blame for what happened, so long as you were not more than 50 percent at fault.
The caveat is that your compensation gets reduced by your percentage of fault. Depending on whether your case goes to court or you are negotiating a settlement, a judge, jury or insurance settlement will assign percentages based on each party's actions. So, if you were 15 percent responsible for car acciddent and your total damages equal $100,000, you would receive $85,000.
Common driver actions that affect claims
Insurance companies scrutinize your behavior before and during the collision. They look for anything that might reduce what they owe you. Actions that may reduce your recovery include:
Not wearing a seatbelt (affects specific injury damages only)
Exceeding the speed limit
Distracted driving
Failing to signal a turn or lane change
The insurance company must prove your actions actually contributed to a car crash or worsened your injuries. They cannot simply point to a violation and assume it mattered.
Build your case around the other driver's conduct
To maximize potential compensation in a car accident claim, you can work with an attorney and focus on documenting what the other driver did wrong. Police reports, traffic camera footage and witness testimonies all help establish who caused the collision. The stronger the evidence of the other driver's negligence, the less impact your own mistakes will have on your final recovery.
Imperfect driving does not equal no compensation. Massachusetts law recognizes that you deserve accountability from those who harm you, even if you were not driving perfectly yourself.]]>On Behalf of Levin and Levin, LLP<![CDATA[3 technical reasons a breathalyzer test can fail]]>https://www.levinandlevin.com/?p=503792026-09-25T16:17:02Z2026-09-25T16:17:02ZState administrative records and certification rules
Massachusetts state rules govern every breath test device used during a traffic stop. Police stations across the state rely on a specific machine called the Draeger Alcotest 9510.
The State Police Office of Alcohol Testing handles mandatory checks for this model rather than local town officers. Paperwork gaps create clear options for a defense team:
Missed dates for yearly tool checks
Missing test sheets from the state lab
Missing software logs under state court rules
Showing specific gaps in state records helps build a challenge against the test results in court.
Body chemistry and mouth alcohol problems
The Draeger Alcotest 9510 uses two separate sensors to check breath samples. This system aims to tell the difference between alcohol and natural chemicals created by low carb diets. Certain health issues can still push stomach fluids back into your mouth:
Acid reflux or GERD
Silent stomach regurgitation
Dental work that traps liquid
These health issues move trapped alcohol up into your mouth while you blow. This action creates high mouth alcohol levels that throw off the final number.
Machine self-checks and room air problems
Police breath tools run automatic safety checks before they take a breath sample. The machine tests the surrounding room air to make sure the space is clean. High amounts of airborne chemicals can mess with this test cycle:
Cleaning sprays used in the room
Gas fumes near station garages
Fast changes in room temperature
The device must detect dirty air and stop the test automatically. A rare glitch during this self-check can cause an inaccurate result.
Protecting your rights after a failed breath test
A failed breath test does not mean a judge will automatically convict you. Reviewing State Police maintenance logs, calibration records and medical factors with a legal professional can uncover technical issues that impact the state evidence against you.]]>On Behalf of Levin and Levin, LLP<![CDATA[Can you file for divorce without knowing where your spouse is?]]>https://www.levinandlevin.com/?p=503782026-08-24T13:14:14Z2026-08-24T13:14:14ZTry to locate your spouse first
You generally need to make a genuine effort to find your spouse before asking the court to let you use another method of service. You may need to check their last known address, contact information, workplace or other places where you reasonably believe you could locate them. The court will want more than a statement that you do not know where your spouse is, so the steps you take to search for them can matter.
Ask the court for another way to give notice
If you still cannot find your spouse, you may ask the court to let you serve the divorce papers another way. Depending on the circumstances, the court may allow you to give notice through publication or another method it considers appropriate. You cannot simply choose an alternate method on your own. The court must first approve how you will provide notice.
Follow the court's instructions carefully
Once the court approves an alternate method of service, you need to follow its instructions exactly. The order may tell you where to publish the notice, whether you need to mail anything to a last known address and what proof you must provide afterward. Missing one of those requirements can create another problem when you are already trying to get the case moving.
Do not let an unknown address end the process
Not knowing where your spouse is can complicate a divorce, but it does not automatically leave you stuck in the marriage. If you have lost contact and are unsure how to meet the court's requirements, speaking with a divorce attorney can help you understand what steps make sense in your situation. An unknown address can complicate the process, but it does not always have to stop it.]]>On Behalf of Levin and Levin, LLP<![CDATA[The $2,000 Threshold: When Can You Sue for a Quincy Car Accident? ]]>https://www.levinandlevin.com/?p=503692026-07-31T07:53:28Z2026-07-31T07:53:28ZCar crashes in Quincy leave drivers with sudden pain and vehicle damage. Massachusetts uses a no-fault auto system. Under this rule, Personal Injury Protection pays your initial care costs up to $8,000. However, state law limits your right to sue the driver who caused the crash. Your case must meet specific tort threshold rules first.
Understanding the $2,000 Medical Expense Threshold and Exceptions
Massachusetts General Laws sets the state tort threshold; and to sue the driver at fault for pain and suffering, you must incur over $2,000 in care costs. This total includes ambulance rides, ER visits, care and scans. Seemingly minor injuries often qualify for a lawsuit because they bypass this dollar rule. State law provides clear exceptions that allow you to file a lawsuit right away. For instance, any broken bone gives you immediate rights to sue. A simple hairline break in a toe or finger meets this rule just like a major fracture. Additionally, injuries causing permanent scars, disfigurement, loss of sight or hearing or loss of a limb allow you to seek full financial recovery without reaching $2,000.
Deadlines and Important Fault Rules
Filing an injury claim requires strict attention to state legal deadlines. Massachusetts sets a three-year time limit for filing injury lawsuits, starting on the crash date and applies a modified comparative fault rule. You can recover money only if your share of fault stays at or below 50 percent. If an insurer proves you hold 51 percent or more of the fault, state law blocks your recovery.
Protecting Your Claims and Strategic Position
Insurance adjusters often cut medical bills to keep claims under the $2,000 threshold. A Quincy car accident lawyer collects police reports, talks to witnesses and gathers medical records. Legal representation protects your rights, challenges insurance adjusters and secures the full payout you deserve.
]]>On Behalf of Levin and Levin, LLP<![CDATA[How to approach a gray divorce with respect]]>https://www.levinandlevin.com/?p=503672026-07-21T09:49:40Z2026-07-21T09:49:40ZBecoming older together often means building a life over many years. A couple may have raised children, purchased a home, planned for retirement and shared countless milestones. When that marriage ends later in life, it means letting go of familiar routines, shared goals and the future the couple planned together.
Even when both spouses agree that divorce is the right choice, they may still hope to treat each other with respect throughout the process. An amicable approach cannot remove every challenge. It can, however, reduce conflict and help both people begin the next chapter on steadier ground.
Focus on preparing for the next chapter
Gray divorce raises different concerns than divorce earlier in life. Instead of focusing on child custody, spouses may spend more time reviewing retirement savings, investment accounts, pensions and long-term financial security. They may also need to consider health insurance, future medical costs and whether one spouse will need financial support after the divorce.A respectful process starts with open communication and a clear understanding of the family's finances. Each spouse should know the couple's assets, debts, income and monthly expenses before making major decisions. Gathering financial records early can reduce confusion and make settlement discussions more productive.Massachusetts follows an equitable distribution system when dividing marital property. That does not always mean the court divides property equally. Instead, the court considers several factors to decide what division is fair. Spouses may also need to consider whether alimony will play a role. Under Massachusetts law, the length of the marriage can affect how long alimony lasts, and marriages lasting more than 20 years may qualify for indefinite alimony in some cases. Understanding these rules can help spouses make informed decisions and set realistic expectations during negotiations.
Build a practical plan for life after divorce
Preparing for life after divorce means looking beyond the final judgment. Before moving forward, it may help to take a few practical steps:
Create a realistic budget based on expected income and expenses
Review retirement accounts and understand how dividing them may affect future financial goals
Update estate planning documents and beneficiary designations when appropriate
Consider future housing needs and whether keeping the family home remains financially realistic
Build a support network of trusted family members, friends and financial professionals
Each of these steps can make the transition smoother and help both spouses plan for the future with stability.
Build a strong foundation for what's next
A respectful divorce does not ignore the past. Instead, it recognizes a shared history while helping both people prepare for what comes next. Every gray divorce presents different legal, financial and personal challenges. An experienced Massachusetts family law attorney can help individuals pursue practical solutions that support long-term goals. Careful planning today can help create a more secure and stable future for the years ahead.
]]>On Behalf of Levin and Levin, LLP<![CDATA[How long do you have to file an injury claim?]]>https://www.levinandlevin.com/?p=503662026-07-15T09:29:00Z2026-07-15T09:29:00ZThe standard three-year deadline
In Massachusetts, you generally have three years from the date your personal injury claim accrues to file a lawsuit. In many cases, this means three years from the date of a car crash, fall or other harmful event.
Filing an insurance claim does not satisfy or stop this court deadline. Settlement talks also do not usually stop the clock. You must file the lawsuit within the required period unless a valid exception applies.
If you miss the deadline, the other party can ask the court to dismiss your case. A dismissal based on the statute of limitations could prevent you from seeking payment through that lawsuit, even when you have proof of an injury.
When different deadlines may apply
Certain facts can change the time you have to file an injury claim in Massachusetts:
Against the government: You must present a formal written notice within two years of accrual, and you must wait to file the lawsuit until the agency issues a written denial or fails to respond within six months. The lawsuit must still be filed within three years of accrual.
Involving delayed discovery: Sometimes an injury or its direct cause is not immediately apparent. In these rare situations, the timeline might only begin when you actually discover (or reasonably should have discovered) the harm.
Involving minors: For minors with general personal injury claims, the three-year deadline does not start until their 18th birthday. However, if the injury is due to medical malpractice, a minor under the age of six has until their ninth birthday to file, which can extend beyond seven years. Otherwise, a strict seven-year absolute limit applies from the date of the omission.
Reviewing these exceptions may help you identify the deadline that applies to your injury claim.
Protecting your right to pursue the claim
Understanding the correct deadline is a key part of preparing for a personal injury claim. Record the date of the event, keep medical and insurance papers and note when you first learned what caused your injury. Early review and timely filing help preserve evidence and protect your right to file.]]>On Behalf of Levin and Levin, LLP<![CDATA[How gray divorce affects retirement accounts in Massachusetts]]>https://www.levinandlevin.com/?p=503652026-06-29T19:37:28Z2026-06-29T19:37:28ZRetirement assets are subject to property division
Massachusetts follows the principle of equitable distribution, which means courts divide marital property fairly rather than automatically splitting it equally. Retirement assets accumulated during the marriage often qualify as marital property, even if only one spouse's name appears on the account.
Depending on your circumstances, retirement assets that may be subject to division include:
401(k) plans.
Individual retirement accounts (IRAs).
Pension plans.
Government retirement benefits.
Certain deferred compensation plans.
The court considers several factors when determining a fair division, including the length of the marriage, each spouse's financial circumstances, contributions to the marriage, and future financial needs.
How are pensions and retirement accounts divided?
Dividing retirement assets often requires more than simply calculating the account balance. For example, pension plans may require specialized legal orders, such as a Qualified Domestic Relations Order (QDRO), to transfer benefits without triggering unnecessary tax consequences.
The court or the parties may also consider:
When you or your spouse earned the retirement benefits.
Whether part of the account existed before the marriage.
The current and future value of retirement benefits.
The tax consequences of dividing specific assets.
Careful planning can help preserve the value of these accounts while supporting a fair property settlement.
Unlike younger couples, spouses going through a gray divorce often have fewer working years remaining to rebuild retirement savings. As a result, decisions about pensions, retirement accounts, Social Security benefits, and investment assets may have a significant impact on long-term financial security.
Working with legal and financial professionals can help you evaluate settlement options and understand how different property division strategies may affect your retirement goals.
Why legal guidance matters
Dividing retirement assets during a gray divorce can involve complex legal, financial, and tax issues. An experienced Massachusetts family law attorney can identify which assets qualify as marital property, work with financial experts when necessary, and negotiate a property division that protects your long-term interests.
If you are preparing for a gray divorce in Massachusetts, consulting a family law attorney can help you understand your rights, evaluate your retirement assets, and develop a strategy that supports your financial future.]]>On Behalf of Levin and Levin, LLP<![CDATA[Jackknifes and rollovers: Why Quincy truck crashes happen]]>https://www.levinandlevin.com/?p=503642026-06-15T11:51:37Z2026-06-15T11:51:37ZWhat makes a truck jackknife or roll over
A jackknife happens when a truck's trailer swings outward and folds toward the cab, sweeping across multiple lanes in seconds. A rollover is when the truck tips onto its side, often taking out whatever is in its path. Both are frightening to witness and devastating to be near.
These crashes are almost always the result of the truck losing control, and the cause usually traces back to decisions made long before the truck reached the highway.
How driver fatigue turns a highway into a hazard
Most commercial truck drivers are subject to federal hours-of-service rules set by the Federal Motor Carrier Safety Administration (FMCSA), which limit how long a driver can be behind the wheel before a mandatory rest period.
A fatigued driver reacts more slowly, makes poorer decisions and is far less equipped to handle a sudden situation, such as a sharp curve or a braking car ahead, that can send a large truck into a jackknife or rollover. When trucking companies push drivers past safe limits to meet delivery deadlines, everyone on the road bears that risk.
How improper loading triggers a jackknife or rollover
Improper loading is one of the most common causes of both jackknife and rollover crashes. Federal regulations require commercial cargo to be firmly secured before a truck moves. When that does not happen, weight can shift unexpectedly during braking or turning, which is often all it takes to trigger a rollover or cause a jackknife.
What this means if you were injured near Quincy
Jackknife and rollover crashes are rarely the result of bad luck. When investigators look closely, they often find hours-of-service violations, loading errors or both. In Massachusetts, if you are injured in a truck accident, you may have legal options against not just the driver, but the trucking company or cargo loader responsible for the crash, provided your own share of fault does not exceed 50%.
A truck accident is not the same as a regular car crash. The parties involved, the regulations at play, and the evidence that matters are all different. That is why getting legal guidance early can make a significant difference in protecting your rights before critical evidence disappears.
]]>On Behalf of Levin and Levin, LLP<![CDATA[8 income streams courts count towards your spousal support order]]>https://www.levinandlevin.com/?p=503632026-06-03T17:59:32Z2026-06-03T17:59:32ZWhen you think about spousal support, your first instinct may be to focus only on your paycheck. In Massachusetts, however, courts look well beyond your base salary. Your full financial picture, including multiple income streams, factors into every alimony decision. Thus, knowing exactly what counts can help you feel more confident and prepared as you work through the divorce process.
How Massachusetts courts calculate alimony
Massachusetts law uses gross income as the starting point for spousal support calculations. In general, Massachusetts law caps alimony payments at 30% to 35% of the difference between both spouses' gross incomes. This means the income gap between you and your spouse directly shapes the final support amount. This is why understanding how this formula works can help you set realistic expectations before your case reaches court.
Eight income streams courts count toward support?
Now that you understand how the formula works, the next step is knowing exactly what goes into your gross income total. In fact, courts cast a wide net when reviewing finances and your income may include more than you expect.Here are the eight income streams Massachusetts courts commonly count toward spousal support:
Wages and salaries: Courts include your base pay, overtime and shift differentials from regular employment.
Bonuses and commissions: Recurring or predictable performance bonuses and commission-based earnings count toward your total.
Self-employment and business income: If you run a business or work as an independent contractor, courts factor in your net earnings.
Severance and retirement benefits: Severance packages, pensions and 401(k) disbursements all apply to your gross income calculation.
Unemployment benefits: Temporary state or federal financial assistance counts as part of your income.
Disability payments: Courts include both short-term and long-term disability benefits in the calculation.
Workers' compensation: Financial awards you receive for workplace injuries factor into your gross income as well.
Investment and trust distributions: Courts also count recurring returns such as dividends and interest toward your gross income total.
Each of these sources adds to the gross income total that courts use to determine alimony. With so many streams in play, you need to take a full look at your finances before your case moves forward.
Understand what your income means for you
Now that you know which income streams courts consider, you have a clearer picture of what your financial profile looks like in the eyes of the law. Every income source you and your spouse have plays a role in shaping the final support outcome. Thus, the more you know about your full financial picture, the better you can protect your future as you go through your divorce.]]>