Will Affirmative Action in College Admissions Become A Thing of the Past? Supreme Court May Decide. Minorities in this country, specifically Black Americans, have suffered unthinkable injustices on the basis of race. The Supreme Court in the controversial 2003 case of Grutter v. Bollinger the Supreme Court held that using race as…
Massachusetts Criminal Defense Lawyer Blog
Can Race be a Factor During a Police Seizure? US Supreme Court May Decide.
The Fourth Amendment is one of the most important constitutional rights we have. The Fourth Amendment was added to the constitution out of the Founder’s frustration with so called “general searches” in colonial times. The authorities were allowed to search for anything at any time and the colonists were very…
What to do after being an accident with a Lyft driver after recent court case
First Circuit Decides Important Case About Lyft Drivers Rideshare services like Lyft and Uber have changed the world. Users can request a ride from pretty much anywhere on their app, making it a convenient option for nights out, trips to the airport, and even everyday use. These new apps have…
Both Title VII and Title IX Available for University Workplace Sex Discrimination
Both Title VII and Title IX Available for Workplace Sex Discrimination People can now sue under both Title VII and Title IX for sex bias claims. Both Title VII and Title IX are used to combat discrimination. Title VII protects from discrimination in the workplace and Title IX covers education…
What is Involuntary Manslaughter in Massachusetts?
A key component to murder is mens rea or a guilty mind. What separates murder from manslaughter is intent. In Massachusetts involuntary manslaughter is defined as an unlawful killing that was unintentionally caused as the result of wanton or reckless conduct that a defendant engaged in or an unlawful killing that resulted…
Kyle Rittenhouse Found Not Guilty on all Charges
Last summer, during the height of the Black Lives Matter movement, James Blake, a Black man was shot seven times in the back by Kenosha, Wisconsin police officer Rusten Shekey. Blake is now paralyzed. The shooting occurred in front of Blake’s three children. The officer who caused Blake’s horrific injuries…
Proposed Legislation requiring OUI drugs in Massachusetts
Governor Charlie Baker Introduces Legislation to Address “Drugged Driving” Massachusetts was one of the first states to legalize marijuana for recreational use in 2016. However, with marijuana legalization came accidents resulting from driving while high. To address is this issue, governor Baker announced a legislative proposal that would update Massachusetts’s…
Is “Battered Women’s Syndrome” a Defense in a Criminal Case?
Battered Women’s Syndrome – Fact or Fiction? It is no secret that domestic abuse remains a largely gendered crime. It is estimated that 1 in 3 women will experience domestic violence in their lifetime. Some courts look to the “battered women’s syndrome” standard in expert testimony. Battered Women’s Syndrome…
Can Police Search a Car Parked in Your Driveway? Massachusetts Appeals Court Decides
Under the Fourth Amendment, police cannot search a person’s home with a warrant, with limited exceptions. When there is a warrant issued, it must be particularized and specific. Officers are typically not allowed to search outside the limits of the warrant. The Massachusetts Appeals Court recently looked at the case…
Massachusetts OUI Citations and the No Fix Law when charged with Drunk Driving
Massachusetts No-Fix Law – Grounds for Dismissal in OUI Cases A driver who is stopped by police for operating under the influence will either be placed under arrest, or will be charged with an OUI. In a case where a driver is not placed under arrest, a citation provides notice…