By Jason Chan

Massachusetts’ education system just got a complete overhaul of its criminal background check system, requiring national background checks for all potential employees that may come into contact with children. Already working in the education system? The law also affects you, as all current employees are required to undergo the national check within three years, also.

Loopholes in Education System Background Checks Closed

Prior to last January, Massachusetts law required that early education p...

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By Jason Chan

In the wake of the tragedy at Sandy Hook Elementary School, Connecticut has passed a new law making it more difficult for potential owners to acquire guns and banning a hundred weapons previously available for sale. The law, targeting the loopholes that made it possible for the shooter to use legal weapons last December, is rekindling conversation about more effective gun control all around the country, and especially in Massachusetts, where gun crime is the one type of crime to have increased...

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By Jason Chan

Rhode Island has become the latest in a string of states to decriminalize small amounts of marijuana. The nation’s smallest state officially put the policy into effect on April 1, with marijuana dispensaries set to open in the near future. According to the new law, possession of less than one ounce of marijuana for personal use will result in a $150 ticket, with no additional jail time.

Legalization More Popular Than Ever Before

            The decriminalization implements a law passed last year...

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By Jason Chan

The good news for Massachusetts residents—and law-abiding Americans nationally—is that crime has been on the decline since the late 1980s. The bad news, according to a new report by non-partisan think tank Massachusetts Institute for a New Commonwealth, is that the state’s expenditures on incarcerating criminals significantly hurt the state’s education and infrastructure, reduce taxes entering the state through income lost, and in terms of both social and economic capital injure more than help...

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By Jason Chan

You are sitting in the house and arguing with your wife or girlfriend.  Your girlfriend wants you out of the house and decides to call the police on you.  Your girlfriend tells the police that you touched her and before you know it you are arrested and brought to the police station.  The police are very cautious with domestic assault and battery cases.  It doesn’t matter if there are no bruises, cuts, or even if the alleged victim requires medical attention.  It doesn’t matter if the victim is the only person saying...

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By Jason Chan

The Supreme Court’s decision in Padilla v. Kentucky, 559 U.S. 356 (2010), established that a defendant in a criminal case has a constitutional right to be informed of the immigration consequences of a guilty plea. If the defendant’s attorney fails to inform the defendant of such consequences, the defendant may have grounds to move to have the plea vacated.

The Padilla decision was a narrow ruling that left many issues unresolved. It was the state courts, facing a growing number of applications...

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By Jason Chan

The Tsarnzev brothers wreaked havoc in back bay Boston, carjacked a car in Cambridge, then finally are arrested in Watertown.  The Boston Marathon bomber Dzhokhar Tsarnaev has been charged with using a weapon of Mass Destruction.  Many people have questioned why Dzhokhar Tsarnaev has not been charged with any other crimes. The public is being told that the investigation is ongoing.  At some point the case will be brought in front of a grand jury.  The grand jury process is the mechanism the US...

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By Jason Chan

Bostonians hopping into taxis to get from place to place have far larger concerns than getting there on time, according to an exclusive report the Boston Globe released this month. The great majority of cabs in the city, owned in large part by Boston Cab, is woefully underinsured and routinely leaves accident victims to their own devices in their medical bills.

Reforms Currently On Standby

The Globe reports that efforts to reform the current legal framework have mostly fallen to the wayside,...

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By Jason Chan

The general rule is that someone who is impaired or has a blood alcohol level above 0.08 could face a Massachusetts drunk driving charge. But how many drinks is too many drinks?

How Blood Alcohol Content is Determined

Determining exactly how many drinks is too many drinks is very difficult. That’s because there are many different factors that can determine your blood alcohol level and level of impairment. These factors differ from person to person and can generally include:

• What Are You Drinking?
...

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By Jason Chan

Every person has the right under the United States Constitution to remain silent and not to incriminate themselves.  The Fifth Amendment states,

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or...

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