• January 8, 2025 at 5:03 pm by Steven Topazio

An arraignment in Massachusetts is a formal court proceeding that occurs after a defendant has been charged with a crime. Arraignments are typically the first step in the criminal court process. During the arraignment, several important actions take place: Key Features of an ArraignmentReading of Charges: The court formally reads the charges against the defendant, providing clarity on what they are accused of. Rights Advisory: The judge informs the defendant of their rights, including the read More

• December 9, 2024 at 8:38 pm by Steven Topazio

In Massachusetts, gun ownership and carrying a firearm is regulated by strict laws, and there are different categories based on the type of license and the circumstances of carrying. Here are the key points regarding carrying a firearm in Massachusetts: Licensing RequirementsLicense to Carry (LTC): To carry a firearm in public, individuals must obtain a License to Carry (LTC) from their local police department. This license allows for the carrying of a firearm openly or read More

• December 3, 2024 at 4:13 pm by Steven Topazio

Reasonable suspicion is a legal standard used in the U.S. that allows law enforcement officers to stop and briefly detain someone if they have specific and articulable facts that suggest the person is involved in criminal activity. It is a lower standard than probable cause, which is required for arrests or searches. Reasonable suspicion is based on the officer’s experience and observations, but it cannot be based on a mere hunch or gut feeling. It read More

• November 26, 2024 at 6:27 pm by Steven Topazio

The 27th Amendment to the United States Constitution, ratified in 1992, restricts the ability of Congress to give itself a pay raise. The twenty-seventh amendment states that any law changing the compensation for members of Congress cannot take effect until after the next election of Representatives. This means that if Congress votes to increase its salary, the raise won’t apply until after the next election, allowing voters the chance to respond to the decision. Interestingly, read More

• November 21, 2024 at 7:58 pm by Steven Topazio

What is a Terry Stop? A Terry Stop is a brief, non-intrusive detention by police for the purpose of investigating suspicious behavior. It is based on the 1968 U.S. Supreme Court case Terry v. Ohio. In this ruling, the Court decided that law enforcement officers can stop and question a person if they have reasonable suspicion that the person is involved in criminal activity, even if they do not have probable cause to arrest them. read More

• November 18, 2024 at 3:33 pm by Steven Topazio

The 26th Amendment to the United States Constitution, ratified in 1971, lowered the voting age from 21 to 18 in all federal, state, and local elections. This amendment was largely driven by arguments during the Vietnam War, where young men were being drafted to serve in the military but could not vote. The amendment ensures that citizens who are 18 years old or older cannot be denied the right to vote based on their age, read More

• November 12, 2024 at 5:42 pm by Steven Topazio

The 25th Amendment to the United States Constitution, ratified in 1967, clarifies the procedures for presidential succession and dealing with presidential incapacity. It has four sections: Section 1 states that if the president dies, resigns, or is removed from office, the vice president becomes president. Section 2 allows the president to nominate a new vice president if that office becomes vacant, with approval from both houses of Congress. Section 3 permits the president to voluntarily read More

• November 7, 2024 at 4:13 pm by Steven Topazio

Since 1957, G. L. c. 269, § 10 (b) (§ 10 [b]), has prohibited people from possessing certain spring-release pocketknives, commonly known as “switchblades.”  In a recent case, the Supreme Judicial Court was asked to decide whether § 10 (b)’s prohibition against carrying a switchblade knife violated the Second Amendment to the United States Constitution, considering the United States Supreme Court’s decision in New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022) (Bruen).[1]  The SJC concluded it does.  COMMONWEALTH read More

• November 5, 2024 at 4:27 pm by Steven Topazio

The 24th Amendment to the United States Constitution, ratified in 1964, prohibits the use of poll taxes in federal elections. Poll taxes were fees that voters had to pay in order to cast a ballot, which effectively disenfranchised many low-income individuals, particularly African Americans in the South, where the tax was often used as a tool of voter suppression. By banning poll taxes, the twenty-fourth amendment aimed to ensure that the right to vote in read More