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January 2018 Archives

Don't make bad go to worse in a traffic stop

The last thing you need on your way home from work at the end of a long week is to see flashing red and blue lights in your rearview mirror and a Massachusetts police officer behind the wheel of the car behind you. That is not the way you would typically want to kick off a weekend. You had lunch a couple of hours ago with some colleagues at work and ordered a glass of wine with your meal.

Only $250 separates misdemeanor theft from felony

The laws in Massachusetts regarding misdemeanor vs. felony theft are quite different than in the rest of the United States. Nearly every state in the country has a dollar threshold for theft. Stealing property that is valued under the threshold is charged as a misdemeanor, while stealing property over that value is a felony. Massachusetts is the same as other states in this regard, but its threshold for felony theft is much lower than other states’. In our state, stealing property that is valued over $250 is considered a felony.

Do I have to participate in field sobriety testing?

If a police officer pulls you over on suspicion of driving under the influence in Massachusetts, you'll likely be asked to participate in some tests to check for impairment. Called field sobriety tests, these tests check for both physical ability and mental concentration. A person under the influence of an impairing substance often lacks these things.

Do you know the 4 exceptions to the Miranda Rule?

Most people have never heard of the Supreme Court case Miranda v. Arizona, but almost everyone has heard the famous words that resulted from it. After the Supreme Court heard the case, it issued the ruling that any person who is detained for custodial interrogation must be read a set of rights. Can you guess what they are?

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Anthony M. Salerno, P.C.
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