Boston Criminal Defense Law Blog

What is the difference between sealing and expungement in Massachusetts?
Law Office of Carney, Gaudet & Carney

Having a criminal record can cause hurdles for individuals as they attempt to reintegrate into society. One of the most significant challenges is finding employment, as many employers conduct background checks and may not hire someone with a criminal history, regardless of the nature or age of the offense. This can lead to financial instability…

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What do students need to know before a Title IX hearing?
Law Office of Carney, Gaudet & Carney

A college student might find themselves facing allegations of sexual harassment under Title IX due to various circumstances, often stemming from misunderstandings. Allegations can arise if a student engages in conduct that another perceives as unwelcome or inappropriate, such as making suggestive comments, sending unsolicited messages, or engaging in unwanted physical contact. Miscommunication or lack…

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Understanding the insanity defense and how and when it is used
Law Office of Carney, Gaudet & Carney

The insanity defense is a fascinating and complex part of criminal law that often captures public attention. It raises important questions about mental health and responsibility. This defense allows individuals to argue that they should not be held accountable for their actions due to a severe mental illness. Let us explore the basics of insanity…

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Two important steps to take if falsely accused of domestic violence
Law Office of Carney, Gaudet & Carney

Domestic violence charges in Massachusetts carry severe consequences, including potential jail time, fines, and restraining orders. Those who find themselves facing false allegations of domestic violence are wise to realize the gravity of the situation and take prompt action to safeguard their interests. Step #1: Gather evidence Collecting evidence is crucial in disproving false allegations.…

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The difference between involuntary and voluntary manslaughter
Law Office of Carney, Gaudet & Carney

People who cause harm to others may be financially liable for that harm. In many cases, they could also be at risk of criminal prosecution. Particularly in scenarios where one person causes the death of another, the state may look at whether the situation warrants criminal prosecution. If one person obviously caused another individual’s death…

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What does it mean if there’s a break in the chain of custody?
Law Office of Carney, Gaudet & Carney

If you’ve watched any police or legal procedural TV shows, you’re probably familiar with the “chain of custody.” It is the path that a piece of evidence in a legal case follows from the time that it’s obtained by law enforcement to the time it’s presented as evidence in court. It’s critical that every “link”…

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How people accused of computer crimes can fight their charges
Law Office of Carney, Gaudet & Carney

There are many different scenarios in which people may find themselves facing very serious criminal charges. In the digital age, many of those alleged crimes involve computers and online activity. If investigators track questionable online activity to an individual’s home or business, they may obtain a warrant. They may then seize computers, modems, routers and…

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3 requirements for proving assault and battery charges
Law Office of Carney, Gaudet & Carney

Massachusetts has different rules for assault than for assault and battery. Assault occurs when one person threatens or intimidates another person. Actual physical contact is not necessary for assault allegations. Assault and battery offenses, on the other hand, involve physical contact. Individuals accused of assault and battery are at risk of significant consequences. A first offense…

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Fighting charges when the main evidence is witness testimony
Law Office of Carney, Gaudet & Carney

Police officers can collect many different types of evidence when building a criminal case against an individual. Financial records, security camera footage and forensic evidence can be particularly compelling when criminal cases go to trial. Sometimes, the only evidence the state can obtain is the testimony of an eyewitness. Statements from those who witness or…

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