Law Offices of Richard Mucci
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August 2016 Archives

No Right to Counsel for Massachusetts Defendant While Deciding Whether to Take a Breathalyzer Test

beer-1308039-639x791-242x300.jpgPursuant to the Sixth and Fourteenth Amendments to the U.S. Constitution and Article 12 of the Massachusetts Declaration of Rights, a criminal defendant has the right to counsel at "critical stages" of the prosecution. The Massachusetts Supreme Judicial Court has held that a defendant does not have a right to counsel before deciding whether to take a breathalyzer test. Those cases, however, were decided before a 2003 amendment that changed the Massachusetts DUI statute, G.L. c. 90, ยง 24. Before the amendment, there was a permissible inference that a person was under the influence with a blood alcohol level at or above .08. The amendment removed the permissible inference and made it a violation for a person to operate a vehicle with a blood alcohol level at or above .08.

Massachusetts Employee Prevails in Retroactive For-Cause Termination Case

19-08-6-300x225.jpgThe termination of an employee is always complicated, but it is even more complex when the employee has a high level position and an employment contract. When the employment agreement sets out the circumstances under which the employment may be terminated, a failure to follow it can have expensive consequences for the business. Employment agreements commonly require an employer to pay severance for termination without cause, so it is very important for the employer to follow all of the contract's requirements when terminating for cause.

Massachusetts Appeals Court Finds Court Doesn't Have to Accept Stipulation of Contract's Validity

massachusetts_blog.jpgBreach of contract claims often involve disputes over the terms of the agreement, what occurred, and whether a party's actions constituted a breach.  Sometimes, however, there is a dispute over whether a valid contract even exists.  The existence of a valid contract is fundamental to any breach of contract claim.  To create an enforceable contract, the parties must agree on the material terms and have a present intention to be bound.

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