Massachusetts Criminal Defense Lawyer Blog

Does Double Jeopardy bar prosecution for the Same crime in Federal and State Court?  A series of petition for certiorari before the United States Supreme Court ask the Court to address whether the Double Jeopardy Clause bars either the State or Federal Government from prosecuting a person for the same…

The Massachusetts SJC will soon release a decision that could have a major impact on how addiction and drug offenses are treated in Court.  The case of Commonwealth v. Julie Eldred involves a very common situation that occurs in the district courts.  The defendant agreed to a plea on the…

Celebrity rap-superstar Nelly is fighting back after allegedly sexually assaulting a Seattle woman on his tour bus back in October of 2017 and sexually assaulting two women in England, beginning in 2016. Nelly recently filed a countersuit, denying all allegations of sexual assault and rape, and requested that the amended…

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…

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…

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…

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;…

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…

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,…

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…