In McCoy v. Lousiana, the United States Supreme Court will address the issue of who has the authority to control the decision to admit guilt, the lawyer or the client. Can the Lawyer for strategy reasons, concede guilt to avoid the death penalty? This was the issue facing a criminal…
Massachusetts Criminal Defense Lawyer Blog
Young teens charged with cyberstalking following suicide of a classmate in Florida
A Florida pre-teen was found dead in her home in Glades, Florida on January 10. The alleged culprits in the case, two middle-schoolers, are facing cyberstalking charges after one of their classmates, Gabriella Green, took her own life after being harassed on the internet through various social media platforms. Cyberbullying, as…
What it means to Possess a Firearm in Massachusetts
In a Massachusetts gun charge of possession of a firearm without an FID card, there are typically three common defenses that are successful in fighting the case: 1. That you did not possess the firearm 2. That the seizure of the firearm from you was unlawful 3. That the method by…
Judge dismisses constitutional challenge to Iowa Law in famous “Bachelor” case
A judge in Iowa recently dismissed “Bachelor” Chris Soules constitutional challenge to an Iowa law, which requires any surviving driver involved in a fatal accident to remain at the scene until law enforcement arrives. Soules’ argument comes as he is trying to avoid prison, after fatally rear-ending a neighbors tractor;…
Search Incident to Arrest doctrine key in Serious Massachusetts Felony Offense of Human Trafficking
As a Massachusetts Criminal Defense Lawyer, the outcome of serious criminal cases can often come down to very specific facts developed during a motion to suppress. In the case of Commonwealth v. Aderito Barbosa, the defendant was charged with Human Trafficking. This is a criminal offense that carries up to…
Possession of a Firearm without FID card in Massachusetts and when does a seizure occur under the Fourth Amendment
In the case of Huertas v. United States, the defendant is requesting that the United States Supreme Court grant certiorari in his case, to address the issue of when an individual can be seized for the purposes of the Fourth Amendment. In order to trigger a defendant’s Fourth Amendment rights,…
Scope of Consent to Search closed containers at issue in case before the United States Supreme Court
The United States Supreme Court is considering an appeal in the case of Gonzalez-Badillo v. Unites States which will address the issue of whether a general consent to search justifies searching a closed container under the Fourth Amendment. In the Badillo case, the defendant gave a general consent to search…
Destruction of evidence case may be heard by the US Supreme Court helping define when due process is violated by destroyed exculpatory evidence by the police
In the case of Earley v. New Jersey, the defendant has asked the United States Supreme Court to address the issue of the standard to be applied when the police destroy evidence. The leading case from the United States Supreme Court addressing this issue is Arizona v. Youngblood. In that…
United States Supreme Court to hear issue on the scope of the 5th Amendment Self Incrimination Clause and how it applies to preliminary hearings
In February, the United States Supreme Court will hear a case which sheds light on whether or not the prosecution can legally use a defendant’s previously-obtained incriminating statement as evidence at a preliminary or probable cause hearing; the Supreme Court will ultimately decide whether or not this violates a person’s fifth…
Free Speech and Religious Belief at issue in US Supreme Court case about a cake
In December, the Supreme Court began oral arguments in a Colorado case, where a shop owner denied service to a same-sex couple looking to purchase a cake. As the arguments ensued, it began clear that the justices were sharply divided and highlighted many of the issues, on both sides, in…