Oreste Law

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Payment method: master card, visa
Neighborhoods: Back Bay, Back Bay East
AKA: Oreste Roderick
Other Link: http://orestelaw.com
Categories: Attorneys, Accident & Property Damage Attorneys, Automobile Accident Attorneys, Business Litigation Attorneys, Construction Law Attorneys, Criminal Law Attorneys, Divorce Attorneys, Estate Planning, Probate, & Living Trusts, Family Law Attorneys, General Practice Attorneys, Landlord & Tenant Attorneys, Personal Injury Law Attorneys, Traffic Law Attorneys, Wills, Trusts & Estate Planning Attorneys

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Phone: (617) 871-9662

Address: 75 Arlington St, Boston, MA 02116

Website: http://orestelaw.com

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Oreste Law

Divorce
Premarital Agreement
Prenuptial agreements are probably one of the most misunderstood concepts of the marriage process. Most people attach an array of negative connotations to “prenups,” and unjustifiably so. One common misconception is that a prenup sets the marriage up for failure because the happy couple is anticipating a break-up. That’s not really true though – a prenup is more like a marriage seatbelt. When people get in a car, they wear their seatbelt to protect them from injury in case of an accident. That certainly does not mean that someone is anticipating getting into a car wreck every time they put on their seatbelt. In fact, the vast majority of people who ride in cars wear their seatbelts and expect to reach their destinations accident-free. The seatbelt is worn for protection in case of an accident, not because anyone assumes that they will crash. If they do crash however, they’ve done what they needed to do to protect themselves from physical harm. Prenuptial agreements run along the same lines; it is a protective device for couples to minimize the emotional and financial harm that is inevitable in a divorce situation. It does not mean that you expect the marriage to fail, just like putting on a seatbelt does not mean you expect to be involved in a 10-car pileup every time you drive.
Spousal Support
We assist clients in all aspects of family law including divorce, custody, alimony, and property division. During your free no obligation consultation, we will listen carefully to your concerns and what your goals are. We understand that family issues are very emotional and difficult and we aim to bring a calm, dignified solution to these conflicts for you.

Criminal Defense
Gerhardt was decided, nevertheless enjoys the benefits of its common-law rule because the opinion was released before he filed his notice of appeal on his direct appeal. See Commonwealth v. Moore, 474 Mass. 541, 550 (2016) (“new rules” in criminal law “generally apply to cases that are pending, are on direct appeal, or for which the appeal period has not run”).
Traffic Violations
Commonwealth v. Ferreira, 70 Mass. App. Ct. 32, 35 (2007), and cases cited. In other words, "it is the operation of the vehicle itself that is the crime." Commonwealth v. Constantino, 443 Mass. 521, 526 (2005). Here, the arresting officer stopped the defendant's motor vehicle after observing that one of the vehicle's headlights and a rear license plate light were not working. He followed the vehicle for approximately one to one and one-half miles before stopping the vehicle, and during that time he did not observe the vehicle speeding, swerving, or making any sudden stops. When the officer initiated the stop, the defendant moved the vehicle to a safe location. The stop itself revealed evidence that the defendant was operating the vehicle while under the influence of alcohol. The question then becomes whether evidence of operating a motor vehicle with a faulty headlight and rear license plate while under the influence of alcohol is sufficient to prove negligent operation, when there is no other evidence of negligent operation.
Homicide
The case law on which the Commonwealth relies in support of its position that there is sufficient evidence of negligent operation here is inapposite. In Commonwealth v. Daley, 66 Mass. App. Ct. 254 (2006), for example, which involved convictions of both OUI and negligent operation, there was evidence that the defendant "drove while intoxicated, meandered back and forth over the fog line on the left hand side of the road, crossed over two lanes of traffic, straddled the breakdown lane for approximately 300 feet, and nearly struck a large road sign before swerving back into the travel lane." Id. at 256. The fact that the defendant in the Daley case was intoxicated may have been a factor, but there was abundant other evidence that he operated his vehicle in a negligent manner. Commonwealth v. Woods, 414 Mass. 343 (1993), is likewise inapt. In that case, the defendant was convicted of vehicular homicide by negligent operation. See id. at 344. In an earlier trial, a jury had acquitted him of OUI, but evidence that he had been drinking before driving was still relevant to the charge of negligent operation. See id. at 350. As in the Daley case, however, there was other evidence of negligent operation -- specifically, that the vehicle "careened off the road and struck a tree." Id. at 344. See, e.g., Commonwealth v. Ross, 92 Mass. App. Ct. 377, 380-381 (2017) (evidence of intoxication combined with evidence of excess speed at night on narrow, two-lane, residential road, lined with trees, telephone poles, and fences, supported conviction of negligent operation).

Business and Corporate Law

Business Disputes

Construction Litigation
Since opening Oreste Law, Rod has taken on a wide range of litigation cases involving personal injury, family law, real estate, construction law, and business law. Rod has served as the Chair of the Board of Directors for the Mansfield Housing Corporation, been a member of the Mansfield Planning Board, and held board position at various non profit organizations including the YMCA.
Landlord-Tenant Disputes

Personal Injury
People go through a lot, both emotionally and physically, when faced with a legal battle. Whether you are recovering from a personal injury, going through a divorce, or fighting a conviction, we understand that what you are going through is very difficult. Our goal is to provide the support, guidance, and results that you need to get back to living your life on your terms and focus on what is most important to you, like your health, your family, and your future.
Auto Accidents

Trusts and Estates

Estate Planning
Attorney Meghan Oreste is a principal attorney of Oreste Law. Meghan is an experienced appellate attorney and regularly represents criminal clients on post-conviction proceedings at the Appeals Court and Supreme Judicial Court. She has succeeded in getting clients convictions reversed, new trials ordered, and her recent cases have impacted how OUI and negligent operation laws are interpreted by all Massachusetts Courts. Meghan also regularly assists clients with estate planning, and provides guidance to corporate healthcare clients.
Power of Attorney
An estate plan is a set of directions that you leave for your family and loved ones directing them what to do in the event of your death or incapacity. An estate plan is executed by you during your lifetime and includes a will, health care proxy, and power of attorney. We can create a simple and inclusive estate plan to give you peace of mind that all your affairs are in order for your loved ones.
Probate

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