Massachusetts Criminal Defense Lawyer Blog

Leaving the Scene of Personal Injury in Massachusetts is prohibited by Massachusetts General Laws Chapter 90 Section 24(2)(a1/2(1).  The Massachusetts Court of Appeals recently discussed in the case of Commonwealth v. Hector Rico, decided in December of 2020 what the Commonwealth would have to prove to obtain a conviction on this…

The Massachusetts SJC held today that the First Amendment Protects Panhandling as free Speech, striking down a local Fall River Ordinance attempting to preclude panhandling on public streets.  In Massachusetts Coalition for the Homeless v. City of Fall River, the Massachusetts Supreme Judicial Court found that a local law restriction…

The Massachusetts SJC will decide whether putting a home on AirBNB creates a duty to prevent harm that occurs on the property.  What duty of care does an AirBNB owner need to provide? Nowadays, most of us have some sort of “side hustle.” The internet and apps make having a…

Donald Trump is soon leaving office, but there is a case that the United States Supreme Court may hear concerning whether the President has a right to block people on Twitter.  Donald Trump v. Knight First Amendment Institute at Columbia University is a case that concerns the president blocking people…

The case of Commonwealth v. Josiah Zachery that is current before the Massachusetts Supreme Judicial Court raises the issue of whether there is a reasonable expectation of privacy in data from the Charlie Card, which is used to ride the commuter rails in Boston. This issue is likely to reoccur…

As a Massachusetts Criminal Defense Lawyer, I have spoke to and helped countless people facing a criminal charge.  One of the more difficult things to deal with is the stress and anxiety during the case.  Criminal cases take time so it is important to be in a good mental framework,…

Civil Rights Violation Case Examined by Massachusetts District Court Americans value their privacy, and the Fourth Amendment of the Constitution guarantees Americans that they have a reasonable expectation of privacy when it comes to their property and homes.  But what happens when this right is violated?  In Johnson v. City…

The Community Care taker Exception to the Fourth Amendment allows police officers to make warrantless search when the purpose of the officer to to help the public and not look for evidence of criminal activity.  A case pending before the United States Supreme Court, Caniglia v. Strom, asks the question…

Criminal Defendants are required to be given Miranda warnings prior to any custodial interrogations being used against them in court.  What happens when these warnings deviate from the requirements that the United States Supreme Court set forth in Miranda v. Arizona.  A case pending before the United States Supreme Court,…

The Massachusetts Supreme Judicial Court decided the case of Commonwealth v. Charles Bohigian today holding that a blood draw without the consent of the defendant is inadmissible into evidence.  This case arose out of the Westborough District Court and was transferred to Worcester District Court for trial. The defendant was…