Federal and Massachusetts laws provide robust protections to individuals accused of crimes, ensuring they cannot be compelled to offer testimony, talk to the police, or give a confession against their will. These protections are rooted in constitutional principles, including the Fifth Amendment right against self-incrimination and the Fourteenth Amendment’s due…
In criminal cases, when one side receives an unfavorable ruling, either the defense or the prosecution has the right to appeal to a higher court for reconsideration. While it’s common to see defendants appealing after a conviction, prosecutors can also appeal rulings that favor the defense, such as the suppression…
Massachusetts courts have long recognized the importance of protecting individuals from government overreach, aligning with the due process guarantees found in both the U.S. and Massachusetts Constitutions. Judicial rules and legislative safeguards are in place to ensure that law enforcement actions respect these principles, particularly when it comes to gathering…
All Americans have the constitutional right to competent legal representation in criminal cases, a principle that applies to both public defenders and private attorneys. While the law does not guarantee the best lawyer in the world, it does require a certain baseline level of competence. When an attorney’s performance falls…
Gun violence has become an undeniable epidemic in the United States, with devastating consequences in communities nationwide. While Massachusetts is often regarded as having some of the strongest gun laws in the country, the state is not immune to the harms of firearm-related violence. Each year, Massachusetts records dozens of…
The admission or suppression of evidence often plays a pivotal role in Massachusetts criminal cases. Determining whether critical pieces of evidence can be presented to a judge or jury frequently hinges on pretrial arguments. These arguments, led by skilled attorneys, aim to exclude evidence that could significantly impact the outcome…
Massachusetts lawmakers and prosecutors are working hard to keep up with the evolving legal landscape when it comes to weapons and firearms. A new gun law was recently passed with broad support, addressing the growing problem of ghost guns and 3D-printed guns. These untraceable firearms can be made using commercially…
In recent years, the United States Supreme Court has expanded the protections of the Second Amendment, which guarantees the right to bear arms. Traditionally, this amendment was most often associated with firearms, but these protections have extended beyond guns. In a significant development, the Massachusetts Supreme Judicial Court recently addressed…
As technology and society continue to evolve, new types of crimes can emerge, often targeting individuals in ways that were unimaginable just a few years ago. One such crime is known as revenge porn. This involves the sharing or threatening to share explicit images of someone, typically obtained consensually in…
The Fourth Amendment of the United States Constitution is a vital protection against unlawful searches and seizures. It ensures that evidence obtained without a valid warrant cannot be used against defendants in court. However, there are exceptions to the warrant requirement, and law enforcement officers, along with prosecutors, often seek…