The Massachusetts Supreme Judicial Court found that the police had no reasonable suspicion to stop a black male walking on the streets in Roxbury believed to be a suspect in a breaking and entering. As result of the seizure, the police found a hand gun; the Court ordered it suppressed…
Massachusetts Criminal Defense Lawyer Blog
Prior Bad Act Evidence one of the key legal issues in the Bill Cosby Indecent Assault Trial
Key to Cosby’s success at upcoming jury trial will be the judge’s ruling on numerous motions in liming defining what evidence the jury will get to hear at trial. A judge has ruled that prosecutors can use a phone call that was taped without Bill Cosby’s consent as evidence in…
The Client’s Perception of their Criminal Defense Lawyer
One of the most important aspects of building a successful criminal defense practice is being able to relate to the client and understand the client’s fears and anxiety when going through an uncertain court process. For most clients, it is their first interaction with a lawyer and the criminal justice…
Drug convictions for trafficking and distribution likely to be vacated based on Braintree Police Evidence Scandal
Drugs convictions and other types of criminal convictions may be vacated based on the lack of oversight at the Braintree Police Department. Following the completion of an audit conducted on Braintree Police Department’s evidence room, it is suspected that thousands of items, items such as weapons and money, are among…
Cloud legal services for lawyers provided by Clio
In running a law practice, one challenge is to understand how technology can make your practice run more efficiently so your clients have the best experience possible. Two technologies that have assisted me in this process are the iCloud and my client management system called Clio. With todays updated technology,…
Massachusetts Motor Vehicle Homicide Conviction overturned: Expert Testimony or Merely an Opinion?
Expert testimony is critical in a Massachusetts Motor Vehicle Homicide prosecution. The issue of whether this testimony is admissible came up in the trial of Commonwealth v. Guinean, which was recently decided by the Massachusetts Court of Appeals. Back in 2010, the defendant was found guilty of both…
School Suspension in Massachusetts wrongfully imposed, student seeks recovery in court
Regardless of whether or not criminal behavior takes place on school grounds, students may be susceptible to facing punishment a school opts to impose even if the charge has not be litigated to completion in court. For example, students charged with OUI and attending Mass Amherst will often be suspended…
Brendan Dassey released from Jail will Steven Avery’s Conviction also be overturned from Making of a Murderer
The 10-part Netflix documentary series that has captured the nation and has made headlines over the past year has more recently taken a new turn. Steven Avery and his nephew Brendan Dassey, most famously known for being found guilty of the murder of Teresa Halbach, may have a second chance…
SJC rules that Aaron Hernandez’s lawyers must turn over cell phone
In a decision that could impact Aaron Harnandez’s upcoming murder trial in February, the Massachusetts Supreme Judicial Court ruled today that his lawyers can be compelled to provide his phone to the Commonwealth pursuant to an anticipatory search warrant. Interpreting the statute governing search warrants General Laws 276 Section 1,…
No Right to a lawyer prior to deciding to take a Breath Test
When is a person being investigated of a crime entitled to a lawyer? The determination of whether someone being accused of a crime is entitled to a lawyer depends on whether the court determine that the prosecution is at a critical stage in the process. The United States Supreme Court…