Articles Posted in Criminal Defense

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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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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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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3 ways a criminal conviction can harm career development
Law Office of Carney, Gaudet & Carney

For many people, the decision process concerning whether or not to fight a criminal charge boils down to evaluating the penalties they may be subjected to in the event of a conviction. Even those who insist that the police wrongfully arrested them may plead guilty because they don’t want to take the case to trial.…

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When can defense attorneys challenge the use of certain evidence?
Law Office of Carney, Gaudet & Carney

Defense attorneys can make a major difference for individuals facing criminal charges. They can educate someone about the penalties that they face and the process that occurs during criminal trials. They can be a calm and rational advocate for someone who likely feels very anxious during their criminal proceedings. They can also recognize when the…

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