Massachusetts Criminal Defense Lawyer Blog

    In a 6-3 opinion written by notoriously conservative Justice Gorsuch, the United States Supreme Court held that Title VII of the Civil Rights Act of 1964 covers employment discrimination based on sexual orientation and gender identity in Bostock v. Clayton County, Georgia, 590 U.S. __ (2020). The opinion…

The tragic death of George Floyd will hopefully bring reforms that help ease racial tensions and move us toward greater equality in society.  One legal doctrine that allows police officers to avoid liability for acts of brutality and excessive force is the doctrine of qualified immunity that should be revisited…

The Tragic death of George Floyd and the protests that have followed shine a new light on two major Massachusetts Supreme Court cases involving Race and how our Constitution is going to be interpreted. The tragic death of George Floyd involves shocking actions that are likely to result in murder…

In a Massachusetts OUI drugs case, the Commonwealth needs to prove the concentration of drugs in your system to be able to prove you were under the influence of a drug like marijuana, heroin or a prescription drug.  The Commonwealth can attempt to show you were impaired based on observations,…

The United States Supreme Court is being asked to considers a petition for Certiorari regarding whether Post-Miranda silence violates the privilege against self-incrimination after the defendant’s arrest when it is allowed to be used by the prosecutor during their case-in-chief to prove a criminal charge. In the case of Adalberto…

I read an amazing book this past weekend called Man’s Search for Meaning by Victor Frankl. Many have already read this book, but if you read it in high school or a long time ago, it is worth a second read.  I want to share with you my thoughts about…

As a Massachusetts OUI Lawyer, I have encountered many individuals struggling with addiction.  It is important to understand this:  You can always get help; it never hurts your case.  You may have a drinking problem, but you can still be found not guilty of your OUI charge.  Do not let…

The Psychology of Persuasion Lecture by Dyke Huish was one of the best lectures I have heard for criminal defense lawyers wanting to improve their trial skills.  Having extra office time, I have made it a goal to listen to all the recording of seminars that I have purchased over…

Gun crimes in Massachusetts often involve issues of whether there was a Constitutional basis for police action.  Here are some common legal issues:  Was there Reasonable suspicion to stop your car; if there was reasonable suspicion, was there a basis to order you from the car; if there was a…

Those facing a Massachusetts Drug Distribution or Trafficking charge often contest the Constitutional basis of the search and seizure as part of the defense to the case.  This was the case in Commonwealth v. Costa, which began as a drug distribution case out of the New Bedford District Court and…