Massachusetts criminal defense Attorney Blog
Aggressive Defense of All Criminal Matters
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Massachusetts Criminal Accord and Satisfaction

Massachusetts has a statute that in some instances essentially permits a person accused of certain crimes to pay the victim in exchange for getting the charges dismissed. The statute, Massachusetts General Laws Chapter 276 Section 55 states that a person charged with an assault and battery or a misdemeanor that could also be the basis for a civil lawsuit can pay the victim in exchange for having the charges dismissed. Of course, this type of resolution, known as a Massachusetts criminal accord and satisfaction needs to be in writing and approved by a judge. Continue reading →

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Texting and Driving in Massachusetts

Not too long ago Massachusetts enacted a law prohibiting texting and driving. The statute, Massachusetts General Laws Chapter 90 Section 13B has enables police officers to make motor vehicle stops that in the past would not have been considered lawful. There is however a silver lining for Massachusetts criminal defense attorneys challenging stops under this law. The statute is written in a way that makes it virtually impossible for a judge to sustain the stop if properly challenged through a motion to suppress. Here is why. Continue reading →

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Probation Violation Hearing

Probation surrender hearings are proceedings that are initiated after someone violates a condition of probation. Once the probation officer learns of the violation he or she issues a notice of surrender. That document orders the defendant to come into court to defend the allegation that a violation occurred. Probation violations are very common. People who receive surrender notices call my office, often in a panic and ask what is going to happen at the probation surrender hearing. The answer to that is always case specific however some thoughts on the subject are laid out below. Continue reading →

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Dudley District Court Drug Trafficking Defense Attorney

The courthouse in Dudley serves the Worcester County towns of Sturbridge, Southbridge, Oxford, Charlton, Dudley and Webster. Route 90 crosses this jurisdiction as does Interstate 84. For a rather quiet, rural jurisdiction the amount of drug cases that pass through this court is incredible. Our Boston office is about an hour and a half drive to the town of Dudley. Yet despite the distance we are retained on several serious drug cases in this court each year. Most of these cases involve drug trafficking; usually heroin and sometimes cocaine. While Dudley District Court is where many drug trafficking cases originate, most are resolved in the Superior Court in Worcester. Recent observations about the origins of many of our Dudley drug cases has prompted me to publish this post. Continue reading →

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The Fine Line Between Drug Dealer And Drug User

In Massachusetts as in most states there is a fine line between drug dealer and drug user. When people think of drug dealers they usually think about two types of people. One, the street dealer who sells small quantities and makes money on volume. Two, the major trafficker who sells drugs in multiple kilos or pounds. Today, especially with opiates such as heroin or oxycodone, the more common drug dealer is the person who sells just enough to support his or habit. Defending people falling into this category should be pretty easy, right? Guess again. District attorneys are rarely sympathetic to this situation and prosecutions are approached aggressively. Continue reading →

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Will The Jury Believe Me Or The Police?

Deciding whether to go to trial or resolve a criminal case in Massachusetts without going to trial is a big decision. Some people cannot handle the pressure of having a case pending. These people want to get the case over with regardless of the strengths and weaknesses of the allegations. Others prefer to procrastinate and believe that at least when a case is pending there is no bad news. At some point however a decision has to be made; go to trial or plead out. One of the greatest concerns people have when making that decision is the weight that will be given to a police officer’s testimony. I am routinely asked “will the jury believe me or the police?”. Some of the factors addressing this question are discussed in this article. Continue reading →

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Defend a Rape Case With The Help of Social Media

On many occasions in the past I have posted articles about how social media has helped the prosecution prove crimes. Those articles warn against the stupidity of going public with certain activities that might add to the government’s evidence. Even in instances where social media posts are innocuous district attorneys often try to link the content to the person’s involvement in the crime. However, there are instances where you might be able to defend a rape case with the help of social media. Continue reading →

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If you had any involvement in a crime or even any knowledge of the circumstances of certain criminal activity the police could contact you. If they question you they are doing so for a reason. Someone may have told them that you were involved or that you have pertinent information. Or, aspects of their investigation might suggest to them you were involved or, at a minimum know what happened. If you had any role in a crime you should never talk to the cops. If you weren’t involved and don’t want to give information you can still keep quiet. However once you start talking you are at risk. You can get in trouble for lying to the cops. Big trouble.17 Continue reading →

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Do I Need a Criminal Defense Attorney Before I am Charged With a Crime

Every few weeks I get a call from a perspective client telling me that he or she heard that the cops are looking for them. They want to know what they should do. These people tend to ask the same questions. Do I need a lawyer? What if I just talk to the police to hear what they have to say? Won’t it look bad if I say I have a lawyer? Many of these people think they can put the problem to rest by talking to the cops. They can’t sleep at night. They are worried about the unknown. They want answers now. They want the case over now. The problem is that talking with the police will not help you. It will only hurt you. When I am asked the question “do I need a criminal defense attorney before I am charged with a crime” the answers is always and unequivocally a resounding “yes”. Here is why. Continue reading →

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The Alibi Defense And How It Works

One of the best defenses to a criminal accusation is the alibi defense. This defense tells a jury or judge that you didn’t commit the crime with which you were for one very compelling reason…because you weren’t there. I have had countless clients come into my office and tell me that they have an alibi that they want me to advance it on their behalf. That request always triggers a very serious discussion about the alibi defense and how it works. And believe it or not, more times than not the client decides that perhaps the alibi is not his best defense. Continue reading →