James Milligan

The Consequences of a Domestic Violence Conviction

The stakes in domestic violence cases are high — considerably higher than many defendants initially realize. A conviction creates consequences that extend far beyond the criminal sentence imposed by the court. Employment: A conviction creates a visible record in background checks that can affect employment and housing. Firearms — The Lautenberg Amendment: A domestic violence […]

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When the Situation Is More Complicated Than the Police Report Suggests

We want to address something we hear frequently from defendants in domestic cases: the situation was more complicated than the police report makes it look. In a significant number of domestic violence cases, the events were mutual. Both parties were in some degree agitated. Both were saying or doing things that escalated the situation. Only

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The 209A Protective Order: What It Means and Why It Matters

The existence of a 209A protective order — also known as a restraining order — is a central feature of many domestic cases, and it deserves careful explanation. Emergency (Ex Parte) Orders A 209A order can be issued on an emergency basis — meaning before the defendant has had any opportunity to be heard —

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Domestic Violence Charges in Massachusetts: What You Need to Know

Domestic violence cases carry a weight that is different from other criminal charges. They arise from the most intimate spaces of people’s lives — their homes, their relationships, their families — and they are surrounded by powerful emotions on all sides. They are also among the most legally complex and consequential categories of charges that

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Why Massachusetts Criminal Law Is Especially Complex

Massachusetts criminal law is among the more complex bodies of state criminal law in the country. The Commonwealth has its own statutes, its own court procedures, its own standards for evidence and prosecution, and its own range of potential penalties for various offenses. What works in a criminal case in Texas or Florida will not

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The Three Foundational Principles Every Defendant Should Know

Before diving into the specific mechanics of criminal charges and court procedures, there are three foundational principles that every person facing criminal charges in Massachusetts needs to internalize. These principles are not just reassuring words — they have real, practical implications for how you approach your situation. 1. You Are Presumed Innocent This is not

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The Moment Everything Changes: What to Do When You’re Facing Criminal Charges in Massachusetts

There is a particular kind of silence that falls over a person the moment they realize they are in serious legal trouble. It might happen in the glare of blue and red lights reflected in a rearview mirror. It might happen when a police officer appears at your front door early in the morning, or

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Understanding Massachusetts Firearms Laws: Unlawful Possession, Large Capacity Feeding Devices, Improper Storage, and Carrying Under the Influence

Massachusetts has some of the most comprehensive firearms laws in the country, and the consequences of running afoul of those laws can be severe. Whether you are a lawful gun owner who made an unintentional misstep or someone facing a serious criminal charge, understanding what the law requires is the first step toward protecting yourself

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OUI-Drugs: A Different Kind of Challenge

When most people think of OUI charges, they envision someone who had too much to drink. But Operating Under the Influence applies to drugs too—both illegal substances and legal medications. OUI-Drugs cases present unique challenges that differ significantly from alcohol-related OUI. Understanding Massachusetts OUI-Drugs Law Massachusetts law prohibits operating a vehicle while under the influence

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Understanding the BRAVE Act for Veterans

Veterans facing OUI charges in Massachusetts have a unique option: the BRAVE Act. Passed in August 2018, this law recognizes that service-related conditions can contribute to legal problems and offers an alternative to traditional prosecution for eligible veterans. What Is the BRAVE Act? BRAVE stands for Benefits, Rights, Appreciation, Validation and Enforcement. The law allows

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