Aggressive Defense of All Criminal Matters
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DNA Evidence

By now everybody has heard stories about how DNA evidence linked someone to a crime or, alternatively helped someone win a criminal trial. Not everyone however is aware that it is never too late to use DNA evidence to prove your innocence and right a wrong. Just today, a case decided by the Massachusetts Supreme Judicial Court awarded a man who was convicted in 2003 of rape a new trial. This post discusses that case, Commonwealth v. Cameron, SJC-11835, and how DNA evidence is giving the accused another shot at freedom. Continue reading →

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258E Harassment Prevention Order

To adequately show “harassment” to obtain a 258E harassment prevention order someone must convince a judge that the defendant has committed a minimum of three acts of “willful and malicious conduct” directed at someone “with the intent to cause fear, intimidation, abuse, damage to property” and that those acts do “in fact cause fear, intimidation, abuse to property”. Initially, the plaintiff will file a complaint for protection from harassment in the district court where he or she lives. A judge will review the papers and determine whether the order should issue temporarily or if a two party hearing should be held. Continue reading →

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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 →