Briones Law Group Blog

It is now possible to overturn OUI convictions between June, 2011 and April, 2019

Earlier this week, a Concord District Court Judge granted a motion to send letters to thousands of drunk driving defendants. The letter will let them know that they have the right to challenge their conviction if it occurred between June, 2011 and April, 2019. As a result of the Commonwealth v. Ananias decision, all breath tests administered during those dates have been determined to be unreliable. Therefore, any person who was convicted of drunk driving

Massachusetts Estate Planning: What to Do When Your Healthcare Proxy Cannot Be Relied Upon

The Best-Laid Plans You did it. You did what so many of your friends and family members have not, what you yourself dragged your feet on for years longer than you should have. You made arrangements for your estate, appointed a healthcare proxy, and relaxed, knowing that your family and doctors will have a clear idea of your wishes even when you are no longer able to communicate those wishes. And then you hit a

How to put real estate properties in trust so that your heirs can benefit without having to be involved in day-to-day management of your properties.

Considering Real Estate When Estate Planning Real estate can be the key to financial independence for a lifetime. Through collecting rents and investing in your holdings, you may have built a good life for yourself, your family, and your other loved ones. But managing and maintaining properties is a time-consuming task. You know this. At a certain scale property management becomes a full-time job and incompatible with pursuing another career. If it becomes necessary to

Differences Between a Criminal Case and a Civil Case

Wrongdoing is addressed under two different types of cases: criminal and civil. Civil cases generally involve disputes between individuals. These cases are disputed through civil lawsuits. Criminal cases, on the other hand, are considered offenses against the state, or society as a whole. The state is responsible for prosecuting criminal cases. While there may be some overlap between civil and criminal cases, an important distinction between them are the legal standards of proof. In every

When to Modify Your Divorce Agreement

How long has it been since you terminated your marriage? Have your circumstances changed since then? While your divorce may last forever, your divorce agreement can change over time. There are many reasons to consider modifying your divorce agreement. Some examples include: a significant change in income that will impact child support or alimony payments a job change requiring a move needs of aging children the remarriage of the party awarded the alimony Child Support

Estate Planning Basics: Comparing Powers of Attorney and Living Wills

No Time Like the Uncertain Present to Prepare for the Certain Future While it is always the time to get your affairs in order, since putting off these important decisions can lead to financial and emotional pain for your survivors, the ongoing COVID-19 pandemic has brought mortality to the forefront of many minds and has brought home the urgency of planning for one’s end-of-life care. In this article, we will review two legal tools available

Understanding Child Support in Massachusetts

Divorce cases involving children often require a court decision regarding which parent should have physical and/or legal responsibility. Whether granted joint or sole custody, physical custody designates where the child will actually live. The parent who the child resides with most of the time is considered the custodial parent. The non-custodial parent may be required to provide for a child or children in the form of child support, which is paid to the custodial parent.

COVID and Traffic Stops: What to know; what’s the difference?

Routine Traffic Stops? No Such Thing Most of us who drive will at some point be pulled over by police for a traffic stop. It is so common that many people know what to do from a young age, perhaps listening to a pulled-over parent walk through the steps from the backseat or in a more formal lecture from mom or dad, auntie or grandpa. In driver’s ed, traffic stops are a covered topic, maybe

How to Land on Your Feet After Divorce

Divorce takes a toll emotionally, physically, and mentally on everyone involved. It’s not uncommon for individuals going through a divorce to want to curl up in bed all day and abandon all responsibilities. As tempting as this sounds, it’s not practical. In fact, doing so can even make things worse. The first step to landing on your feet after divorce is finding acceptance. Just because you’re making the right decision to split up with your

5 Key Questions to Answer When Creating Your Will

If you don’t want important decisions to be left up to the state when you’re gone, you need a will. If the idea of creating a will feels like you’re tempting fate, think of it as a road map you’re leaving your family, so they don’t have to stress over making the right decisions on your behalf. First, you need to understand the differences between a living will and a last will and testament, usually

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