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Massachusetts Criminal Defense Lawyer Blog

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How to get a Permanent Abuse Prevention order under 209A terminated and the standard used by the courts

Under Massachusetts general law c. 209A, victims of family or household abuse can seek help from the State to prevent further abuse by orders prohibiting a defendant from abusing or contacting the victim, or requiring a defendant to stay away from the victim’s residence or workplace. Any party may seek…

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Looking at the right of Self Defense in Massachusetts after the Dunn Trial

The doctrine of self-defense is one of a few powerful defenses to the most serious crimes, which could lead to a not-guilty verdict if used by an experienced defense attorney. The recent Florida trial of Michael Dunn is one example of this defense successfully raised against a first-degree murder charge,…

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Supreme Court to decide 4th Amendment question on warrantless cell phone searches

The United States Supreme Court is scheduled to issue landmark decisions early this summer regarding the constitutionality of a warrantless search of a suspect’s cell phone under the Fourth Amendment. The nation’s highest court has recently announced that it will be hearing arguments and deciding on two criminal cases –…

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Massachusetts SJC holds that police have no right to forcefully enter a home to execute an arrest warrant without concrete evidence that the arrestee is home

Police officers often obtain evidence during the execution of an arrest warrant, but a Massachusetts criminal defense attorney can ask the court to exclude this evidence if it was obtained unlawfully or in violation of the defendant’s rights. That’s because the manner and circumstances in which an officer could forcefully…

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Sixth Amendment case involving surrogate expert testimony may be heard by the United States Supreme Court

The United States Supreme Court is currently considering to hear another appeal that addresses the issue of whether surrogate expert testimony violates the Sixth Amendment Confrontation Clause. The appeal, titled Turner v. United States, was filed after a defendant was indicted and convicted in a federal drug distribution case on…

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Appeals Court grants more discretion to judges to infer notice of license suspensions in OUI cases

There are usually opportunities for first-time offenders in OUI cases to accept a lighter criminal punishment in exchange for some admission in court. But many people do not realize that there are always conditions and consequences of these court admissions – although they are not guilty pleas. As in the…

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