Massachusetts criminal defense Attorney Blog
Aggressive Defense of All Criminal Matters
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Dangerousness Hearings in Massachusetts

In today’s world of cable television, the Internet and social media prosecutors are often afraid of making reasonable bail arguments at criminal arraignments. They take a look at the charges, scan the police report and in an abundance of caution they move for detention under the Massachusetts dangerousness statute. Judges usually detain the accused for a short period of time, two to three days being the norm. This period of incarceration is naturally inconvenient at a minimum. However, it affords your lawyer time to effectively work towards your release and better prepare your defense. Dangerousness hearings in Massachusetts can prove beneficial to the ultimate result in your case. Continue reading →

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Sexual assault allegations are common on college campuses throughout the country. Usually a male student is accused of committing some sort of illegal act on a female student. As a matter of fact, in nearly thirty years of practice I have never had a woman charged with rape on a college campus. In most campus rape cases the reporting of the crime is delayed. Rarely do the campus or local police receive a complaint and make an immediate arrest. Instead, some sort of investigation begins. This is where college students accused of rape make their biggest mistake. They talk to the police and inadvertently confess to the crime. This post talks about some steps you can take to protect yourself if you are being investigated for a sex offense at your school.1338267538T9pvfs Continue reading →

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Drugs Found in Hidden Compartment

It is very common for me to represent someone pulled over for a motor vehicle infraction and ultimately charged with drug trafficking. I am convinced that most of these cases originate from a hunch; i.e. person of color driving a car in a predominantly white neighborhood. Or, they are Hispanic and Black people stopped at the Massachusetts border simply because they are of color. The scenario is similar. Pull them over and start searching the car without probable cause. A repetition of this pattern is bound to bear results. And guess what? On some occasions drugs are found in a hidden compartment in the car. No matter who hires me, the driver or one of the passengers, I get the same question: is this case provable? Continue reading →

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Heroin and Cocaine Trafficking Defense Attorney Fighting Racial Profiling

Anyone coming into Massachusetts from the New York area and heading into eastern Massachusetts is probably going to use Route 84 with the intention of getting on the Massachusetts Turnpike. A significant number of the people using this route find themselves pulled over just after entering Massachusetts. Many of them are astounded at their introduction to this state. They get pulled over. They are asked for their license and registration. They are detained at the point of the stop of an inordinate period of time. Then, without explanation they are forced to get out of their car. They are searched. The car is searched. And, if there are illicit substances in the car or on their person they get charged. Continue reading →

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False Rape Allegations

Several weeks ago I received a call from a potential new client. He had been contacted by a police officer and was told that he was being investigated for a sexual assault. The young man asked the officer what he was talking about. The officer described the complaint to the man. He told him that a couple of years ago the two had been at a party. Mostly young people attended the party, ages nineteen to twenty-three. The “victim”, a twenty year old claimed that the two started kissing and engaging in gentle sexual caressing. The man then supposedly put his hand down her pants and inserted his finger in her vagina. This constitutes rape in Massachusetts. The girl’s story is not true. The accusation inspired me to write about defending false rape allegations. Continue reading →

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No One Read Me My Rights

I get this question every day. “If no one read me my rights will my case be dismissed?”. The answer depends on what you said, when you it and perhaps most importantly what the cops say you said. The rights referred to here are your Miranda rights. Everybody knows what these rights are however very few people outside of the criminal law profession know how they are applied. Hopefully this article will shed some light on the meaning of these rights and the actual application of these rights. Continue reading →

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Probation Violation and Detention Hearing

Starting in September Massachusetts will be implementing new rules for probation violation and detention hearings. The proceedings effected are what are currently known as preliminary probation hearings and final probation surrender hearings. The former will be called a probation detention hearing. The latter will be referred to as a probation violation hearing. A new set of procedural rules will be enacted and evidentiary standards have been somewhat modified. These rules will apply to the Boston Municipal Court and the Massachusetts District Courts. The rules changes are subtle. They do however have more organized and just feel about them. Some of these rule changes are discussed below. Continue reading →

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Unlawful Detention and Interrogation

This past weekend I got a call from someone telling me that her cousin was involved in a motor vehicle accident where someone died. She was being held at one of the Boston police stations. The caller was clearly intelligent. Her cousin told her that she could not leave the police station. The caller then spoke with one of the detectives who told her that her cousin “was not in custody” but also that “she could not leave the station”. Another lawyer from my office called the police station and the detective told just what the caller had told me. This prompted me to write about the question: how long can the police hold someone if they are not under arrest. Continue reading →

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Unreasonable District Attorney

The district attorneys in most Massachusetts counties have strong training divisions. Experienced prosecutors run internal seminars educating young lawyers on a myriad of subjects. Among other things these seminars include how to try a case, the amount of bail to request for particular matters, legal standards for evidentiary challenges, trending criminal law issues and more. Continue reading →

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Watch Our For The Dishonest Probation Officer

Anyone on probation in Massachusetts knows just tenuous your situation can be. Any new arrest is grounds for being surrendered. A failure to comply with the conditions of probation will result in a surrender notice being issued. While the large majority of probation officers are hard working and hones there are a few who are not. These people are dangerous. You have to be mindful of the vindictive dishonest probation officer who thinks his job is to put people in jail rather than monitor their probation or help them overcome the problem that landed them in criminal court. Continue reading →