Massachusetts Criminal Defense Lawyer Blog

The Massachusetts Supreme Judicial Court will soon address what right the media has to access criminal records.  The case involves the request of the Boston Globe for a booking photograph of an officer after an arrest.  Attempts by the media to gain access to criminal files has been a big…

​How long must one be deprived of his freedom before the deprivation is considered “absolute?”  For what time period must a person be away from her job, her family, or her home before the loss of liberty is no longer considered a “mere diminishment of a benefit?”  And what is…

R. Kelly faces numerous counts of aggravated sexual abuse; it is alleged that the girls were underage at the time of the incident.  In Massachusetts, when someone has sex with an underage person, the crime is referred to as statutory rape.  With a crime like statutory rape, consent is not…

Robert Kraft’s lawyer filed a motion to suppress challenging how the police obtained the video evidence against Kraft and the basis of the traffic stop where Kraft’s identity was learned.  In Kraft’s case, the motion to suppress is essentially the entire case assuming the video depicts what the police claim…

In this Blog, I address many of the common questions and concerns about Court someone would typically have when faced with a first offense OUI.  I help people everyday understand the court process and make the best decision for them as to how they should handle the case.  In many…

The Massachusetts SJC held today in Commonwealth v. Richard Sherman, Jr. that in a rape trial, when the sexual encounter starts consensual and it is alleged that the victim withdrew her consent, that the defendant is entitled to a jury instruction that a consensual sexual encounter can become rape if…

The Massachusetts Supreme Judicial Court heard oral argument in the case of Commonwealth v. Brain Harris that raised the issue whether Massachusetts law denies nonresidents the right to bear arms by exposing them to criminal penalties for not having an FID card. This case was argued in November with a…

The Massachusetts Supreme Judicial Court heard oral argument in the case of Commonwealth v. Jesse Carrillo, where the defendant was convicted of involuntary manslaughter based on providing heroin to the deceased.  The defendant was a heroin addict himself and the evidence at trial indicated that he went to New York…

The SJC decided the case of Commonwealth v. Quinton Williams finding that the trial judge did not error by excluding a juror who stated that the criminal justice system was rigged against young black Americans.  The SJC in the majority opinion and concurring opinion of the Chief Justice stated that…

The right of confrontation is the most important and cherished right for protecting an accused‘ a right to a fair trial in the United States.  It is preserved by the Sixth Amendment to the United States Constitution.  Judges have spoken of the right of confrontation in the following terms: With…