Legal Blog

I hear police say they are detaining a suspect while putting them in handcuffs. What is the difference between detention and arrest?

It’s important to understand the differences between detention and an arrest because your rights change drastically from one to the other. Anyone can be detained. The police only need reasonable suspicion to stop an individual. It is required by law that when an officer stops someone, the officer has either a search warrant, probable cause to search, or reasonable suspicion.

My ex-spouse has asked to pick up our children, of whom we share custody, at a different time from that stated in our custody agreement. I’m fine with the change. Do we need to alter the agreement, or is a verbal agreement enough?

As an attorney, my answer is almost always going to be “get it in writing.” While you may have the most amicable divorce in the world, you never know what the future may hold. Contracts fill the gaps left when human trust fails. If this is a one-time, or two-time situation, a verbal agreement might suffice. Of course, without putting

My neighbor allows her dog off-leash. While walking my own dog, the neighbor’s bit me. What recourse do I have under the law?

An aggressive dog is a menace to the neighborhood, and potentially a source of great legal trouble for the owner. In Massachusetts, a dog and its owner are not granted any leniency in terms of civil liability even if this is the first occasion on which the dog has bitten someone. Additionally, since Massachusetts is a “strict liability” state, even

I make my living in the arts. Does my spouse have a fifty percent share in rights to my works and the income they produce?

Yes and no. Yes, in the sense that artistic works, along with patents, trade secrets, and many other “intangible” properties, constitute intellectual property. And intellectual property, in Massachusetts, is marital property. No, in that Massachusetts does not assume “equal” (fifty-fifty) distribution of property between partners at the dissolution of a marriage, but rather “equitable.” Intellectual property falls under the requirement

What constitutes “malicious” destruction of property?

“Malicious” is what separates a crime from an accident that happened to destroy someone’s property. It is also worth noting that the statute covers both “destruction” and lesser “injury” to another person’s belongings, physical or digital. In Massachusetts, the law is primarily concerned with three things: intention, motive, and cost of the destroyed property. The Commonwealth’s General Code states that

Always kept me informed and promptly answered all my questions

Tammie and Sarah couldn’t have done anything better! They always kept me informed and promptly answered all my questions. The genuine care and concern is apparent in the dedication and hard work they applied to my case. I highly recommend them to anyone looking for help. Rachel B.

At a shopping center, I slipped on the wet floor and broke my tailbone. Would I sue the owners of the particular store, or of the entire complex?

Liability depends on many factors, primarily the exact location where you slipped and the cause of the wet floor. Typically, an individual or corporation owns the building that comprises the shopping center. The owner or owners then rent out particular units to individuals or corporations. While the tenants are responsible for conditions within their particular units, the landlord remains responsible

Will skipping a doctor’s visit now hurt my chances of a personal injury settlement later?

From a purely health perspective, we would have to recommend that you get yourself checked out at a doctor. With the rush of adrenaline and nerves you experienced immediately after the accident, your body may have been suppressing pain as part of your ancient survival mechanisms. You may not realize you are injured until you have had a chance to

Truly are the best

A huge thank you to Sarah Bower Briones and Tammie Baum!! You truly are the best!! I couldn’t have asked for a better outcome in court today. I am extremely pleased and eternally grateful. You two work so well together and are so patient and kind. Thank you, thank you, thank you!!! Jennifer S.

Are autumn leaves a liability? They can be!

The arrival of fall brings with it the pleasure of watching the leaves turn. Fall is famous in New England because of the many vibrant colors, from bright yellow through to deep violet, that nature treats us to as the days grow shorter. When leaves turn, though, they inevitably have to fall to the ground. Autumn invariably brings with it

Briones & Morte

(508) 460-8324

Briones & Morte

I hear police say they are detaining a suspect while putting them in handcuffs. What is the difference between detention and arrest?

My ex-spouse has asked to pick up our children, of whom we share custody, at a different time from that stated in our custody agreement. I’m fine with the change. Do we need to alter the agreement, or is a verbal agreement enough?

My neighbor allows her dog off-leash. While walking my own dog, the neighbor’s bit me. What recourse do I have under the law?

I make my living in the arts. Does my spouse have a fifty percent share in rights to my works and the income they produce?

What constitutes “malicious” destruction of property?

Always kept me informed and promptly answered all my questions

At a shopping center, I slipped on the wet floor and broke my tailbone. Would I sue the owners of the particular store, or of the entire complex?

Will skipping a doctor’s visit now hurt my chances of a personal injury settlement later?

Truly are the best

Are autumn leaves a liability? They can be!

Categories

Categories

Tags

Looking For Answers?

Briones & Morte

(508) 460-8324

189 Main Street
Marlborough, MA 01752

Serving Boston Metrowest

© 2024 by Briones & Morte. All rights reserved.

Disclaimer

Attorney Marketing by Bardorf Legal Marketing

Briones & Morte

How Can We Help?