Massachusetts Criminal Defense Lawyer Blog

A defense attorney has a duty to represent their client “zealously within the bounds of the law.” An attorney also must share evidence through discovery with opposing counsel. A defendant, as per the Fifth Amendment, has the right not to incriminate themselves. This right spans from a defendant not incriminating…

The character and fitness portion of the bar exam serves the purpose of ensuring that barred attorneys are morally fit for the practice of law and deserving of the trust of the people. The character and fitness questionnaire usually asks about past criminal conduct or civil violations, academic or employment…

As society and technology evolve, the courts need to evolve with it. A pressing issue that courts have had to deal with is the use of digital data in criminal cases against defendants, particularly emails. Not only can the contents of an email be evidence against a defendant, but the…

A defendant convicted on a drug possession charge challenged the legality of using drug-sniffing dogs for probable cause for a strip search. The Massachusetts Appeals Court affirmed the conviction of the defendant and the use of the drug-sniffing dog alert as probable cause to strip search in Commonwealth v. Elijah…

Can an Attorney Represent Co-defendants? United States Supreme Court May Decide. In many states, it is legal for two co-defendants in a crime to retain the same attorney. However, this is not the ideal situation because it is ripe for conflicts of interest. Co-defendants in a criminal case likely have…

Awaking the Giant Within is one of the best books on life and motivation.  This is a great book for a number of reasons.  This type of book would be in the category of self help or motivational and what it does it really allows you to see how your thoughts,…

Patients that have received terminal diagnoses, such as cancer, frequently worry about end-of-life care and options. An option that is becoming permitted in states such as Oregon, Washington, Vermont, Colorado, California, Hawaii, Maine and New Jersey is physician assisted suicide or Medical Aid in Dying (MAID). Physicians and patients in…

When Can a Defendant Waive Their Right to a Jury Trial?  Most of us know that there is a fundamental right to a jury trial. However, there is also a right to waive a jury trial. The case of Commonwealth v. Gebo is pending before the Massachusetts Supreme Judicial Court and involves…

Is Solitary Confinement Torture? United States Supreme Court May Decide.  The United Nations considers solitary confinement exceeding 15 days to be torture, however solitary confinement is a popular method of inmate discipline in American prisons. Solitary confinement is also used for an inmate’s own safety if the inmate’s case was…

United States Supreme Court Reinstates Death Penalty for Boston Marathon Bomber The Boston Marathon bombings were a tragic act of domestic terrorism. Brothers Dzhokhar and Tamerlan Tsarnaev planted two homemade pressure cooker bombs near the finish line of the Boston Marathon, killing three and wounding hundreds more. The three individuals…