The case of Aaron Hernandez reveals some interesting aspects of Massachusetts’s court procedures. For example, many people wonder why Hernandez is being arraigned again in superior court. The reason lies in the fact that there are typically two arraignments in any superior court charge. Hernandez was initially arraigned in the…
Articles Posted in criminal trials
Comments On George Zimmerman Case from Brockton criminal lawyer
The George Zimmerman case, which was one of the most publicized court decisions in the last decade, has been met with great opposition and protest. This protest has been calling for a potential change in the self-defense laws in Florida and possibly re-trying the defendant in federal court. Furthermore, some…
George Zimmerman Trial Produced All Female Jury
In one of the most publicized criminal case in recent history, George Zimmerman who is being tried for murder in the death of Trayvon Martin has drawn an all-female jury. As a Massachusetts criminal defense attorney, the jury selection process is a very important step in setting up a criminal…
Mistake of Jurors a Valid Excuse for Use of Peremptory Challenge
The United States Constitution guarantees every criminal defendant a right to a fair and speedy trial. One way a trial is deemed fair is to have an impartial jury decide the fate of the case. To ensure a jury is impartial, both the defense and the prosecution will select the…
Limiting the power of prosecutors in criminal cases in light of Aaron Swartz
When a suspect is arrested, one of the main concerns for Massachusetts defense attorney is the power of the prosecutor who will be the person who decides what to charge a defendant with. This discretion of what to charge a suspect with gives prosecutors tremendous power in the legal system,…
Massachusetts Supreme Judicial Court addresses when police are permitted to search a cell phone in making a drug arrest
One question that now frequently arises for Massachusetts criminal defense lawyers is: Can the police search your cell phone? A recent case gave an answer. The Supreme Judicial Court of Massachusetts recently addressed the question of whether an officer is able to search a defendant’s recent call list on his…
Warrantless search of vehicle raises 4th amendment issues regarding the automobile exception to the search and seizure clause
As a Boston Criminal defense attorney, one of the most important factors I consider when deciding a defense for a criminal charge is whether the obtained evidence was found during a warrantless search. Evidence obtained during an unwarranted search is not usually admissible in a criminal trial. However, automobiles are…
Massachusetts criminal attorney raises Double Jeopardy to contest mistrial in recent Supreme Judicial Court decision
As a Massachusetts criminal attorney, one of the most common questions asked is what does double jeopardy mean under the Constitution. When people first hear the phrase “double jeopardy,” the first thing that comes to mind is the movie featuring Tommy Lee Jones and Ashley Judd. In true Hollywood fashion,…
Eyewitness Testimony Requires Aggressive Challenge of Massachusetts Criminal Attorney
Defendants, at least in New Jersey, will be less likely to be convicted based on faulty eye-witness testimony, thanks to a sweeping new set of rules handed down by the New Jersey Supreme Court. The decision is New Jersey v. Henderson and can be found by clicking this link. The…
Massachusetts criminal defense attorney comments on court decision involving voluntariness of statement, police agree is “off of the record”
The Massachusetts Supreme Judicial Court in the case of Commonwealth v. Mark Tremblay addressed whether the defendant’s statement was voluntary when the police agrees that it would be off of the record. The issue before the court was not whether Miranda warning had been given, as the Massachusetts criminal lawyer…