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Mandatory Minimum Sentences May Be On The Way Out

Just two days ago an article on masslive.com revealed a bold and hopefully accurate prediction by Massachusetts Supreme Judicial Court Chief Justice Ralph Gants . . . that mandatory minimum sentences will be repealed. A decade or two ago a majority of the Massachusetts criminal defense bar could not imagine this would ever become a real discussion. However, less than three years ago mandatory minimum sentences for some drug crimes were reduced and the threshold weight of drugs for certain trafficking offenses was increased. Perhaps the legislature now understands what Justice Gants’ means when he stated that abolishing these types of sentences “makes fiscal sense, justice sense, policy sense and common sense”. Continue Reading

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Drug Ring and Attempted Murder Arrest in Boston

Sometimes crimes can seem like something out of a movie or television drama once all of the facts surrounding the case come to light. A recent incident involving a Massachusetts high school dean and his alleged involvement in a drug ring rises to a level of Hollywood drama worthy of an Emmy nomination. Continue Reading

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Texting and Driving in Massachusetts

Recently my office has seen a rash of criminal cases originating when the operator of a motor vehicle is stopped for suspicion of texting while driving. The newly enacted law, G.L. c. 90 Section 13B states that anyone caught sending or reading an electronic message while driving will be fined. Fines range from one hundred dollars for a first offense to two hundred fifty dollars for a second offense and to five hundred dollars for a third and all subsequent offenses. Unlike an OUI case, operation for this statute does not include texting while a vehicle is stationary. The police are jumping on this law as justification for stopping people they suspect are up to something other than simply texting. The stops are resulting OUI complaints and various Massachusetts drug crimes charges. Luckily, the law against texting and driving in Massachusetts is one that is difficult to prove and a large majority of these stops will be suppressed. Continue Reading

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Involuntary Manslaughter Charges for Encouraging Suicide

An interesting case is developing in Massachusetts concerning whether a young woman’s text messages encouraging her friend to take his own life can be construed as involuntary manslaughter. Michelle Carter, of Plainville, was friends with Conrad Roy, of Mattapoisett, and the two engaged in the exchange of numerous text messages focusing on whether Roy should commit suicide and when and how to do it. Roy ultimately did kill himself, by sitting in his truck with a generator running, thereby causing him to die due to carbon monoxide exposure. Continue Reading

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What is a lobby conference?

A very small percentage of criminal cases go to trial. Much of the pretrial criminal work is geared towards learning as much about the prosecution’s case as we can. Through the discovery process we understand the strengths and weaknesses of our own case as well. Extensive effort goes into position our clients for success either through motions or plea negotiations. Not all motions are successful however nor for that matter can all cases be negotiated to a favorable resolution. When a criminal case reaches that point a trial might be scheduled. Yet, prior to actually trying the case there is usually one last opportunity to resolve the case through judicial intervention. This is done with a lobby conference. This article answers a question asked by one of my clients a few days ago. “What is a lobby conference and how does it work?”. Continue Reading

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Getting A Heroin Conspiracy and Possession Case Dismissed

Heroin has become the most problematic drug for prosecutors to deal with in Massachusetts. The number of heroin possession arrests builds everyday. No community is immune. From the most impoverished cities to the most affluent suburbs heroin use and addiction to the drug has run rampant. There is however a lack of consistency in the resolution of these cases from court to court in the Commonwealth. Getting a heroin conspiracy and possession case dismissed can be routine and easy for your lawyer in some courts and an extremely arduous endeavor in others. This post examines how some courts handle these cases and what you should expect from your lawyer if you are charged with a heroin related drug crime in Massachusetts. Continue Reading

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Kidnapping Charges in Massachusetts

Kidnapping is a felony charge, and is considered to be a violent crime in Massachusetts because the act of kidnapping involves forcibly or secretly confining a person against his or her will. Violent crimes carry serious consequences, and being charged with a violent crime, such as kidnapping, means that your rights could be at risk. Situations leading up to a kidnapping charge might be complicated. The kidnapping could have been a mistake, an exercise in poor judgement, or a misconstruing of the facts. In any case, if you are facing a kidnapping charge, you need an experienced criminal defense attorney by your side fighting for you. Kidnapping charges in Massachusetts must be defended properly.  Continue Reading

Most Massachusetts district courts hear criminal matters on a daily basis. There are many criminal cases however that never find their way into a courtroom. These cases get resolved before a clerk magistrate at what in known as a criminal clerk’s hearing. This is a proceeding to determine whether a complaint will issue. The process for issuing a criminal application is simple. Either a law enforcement official or a civilian file forms in the clerk’s office stating facts supporting what this person perceives to be a crime. The clerk’s office schedules a hearing date and notifies the parties by issuing a notice in the mail. This post discusses what happens at a hearing on an application for a criminal complaint in Massachusetts.

Application for a Criminal Complaint in Massachusetts

Application for a Criminal Complaint in Massachusetts

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Criminal Records and Prospective Employment

If you have a criminal record, it can add a layer of complication to your life when it comes to getting a job. Getting arrested and convicted for a violent crime or a drug crime could have a lingering effect on your career. Under Massachusetts state law, employers are not permitted to ask you about any criminal convictions you have had in the first stage of the application process. This means that on an initial job application, prospective employers may not inquire about your criminal record. However, once you have successfully made it to the interview stage, more information about your criminal past might come out into the open. This post examines criminal records and prospective employment.  Continue Reading

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Defending College Students Charged With Shoplifting

One of the most common criminal charges college students face, particularly in Massachusetts is the crime of shoplifting. The courts in Boston see a significant number of these cases. The last thing a college student can afford is having a criminal record so effective, experienced legal representation is a necessity. Our office has been defending college students for nearly three decades. We have managed to get countless shoplifting cases dismissed and we have made sure that our clients have left the courthouse without having a criminal record. Successfully defending college students charged with shoplifting is something in which we take great pride. Continue Reading