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Boston Criminal Defense Lawyer Blog

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Defense Attorneys Must Keep up with Technological Advances in Surveillance and Data Collection

In today’s rapidly advancing technological landscape, law enforcement agencies and prosecutors have access to a growing array of tools and methods to investigate and gather evidence. With the advent of artificial intelligence and sophisticated data analytics, traditional methods of crime-solving are being supplemented and often surpassed by new digital techniques.…

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How Do Lewdness and Public Indecency Laws Apply to Behaviors Witnessed Only Virtually

In today’s digital age, technology has revolutionized countless aspects of our lives, including the ways in which the legal system in Massachusetts addresses public indecency and related offenses. Surveillance cameras, smartphones, and social media have made it easier than ever for law enforcement and prosecutors to monitor and prosecute behavior…

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Massachusetts Appellate Court Addresses Reasonable Suspicion Requirement for Detaining Suspects of Drug Crimes

The Fourth Amendment to the U.S. Constitution protects Americans from unreasonable searches and seizures by law enforcement, which can include unlawful arrests or detainments. In the event of an unlawful search or seizure, the law mandates that any evidence obtained illegally cannot be used in the prosecution. The Massachusetts Court…

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The Uphill Battle of Pursuing an Ineffective Assistance of Counsel Claim after a Massachusetts Conviction

Anyone accused of a crime in Massachusetts may have several opportunities to challenge the accusations lodged against them. Sometimes, charges are dismissed based on evidentiary issues before a trial occurs. At the close of a trial, defendants may be successful in asking the court to acquit them without sending the…

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Massachusetts Appeals Court Gives Broad Access to Law Enforcement Seeking Cellular Phone Location Data

Criminal investigations have changed drastically in the last 30 years. The rise of cell phones and smartphones has created a new field of evidentiary law related to these electronic devices. Cell phone providers can track the location and behaviors of their customers, and police often seek this information to place…

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How the Severity of an OUI Accusation May Affect Evidentiary Requirements

Driving under the influence (OUI) cases are complex legal matters that require a thorough understanding of state laws and procedures. In Massachusetts, OUI laws are stringent, and recent judicial opinions shed light on critical aspects of these cases, particularly concerning authorities who perform blood alcohol testing without the consent of…

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How the Fifth Amendment Right Against Self-Incrimination Can be Sidestepped in Boston OUI Cases

The Fifth Amendment to the United States Constitution protects criminal defendants from being compelled to testify against themselves when being investigated or prosecuted for a crime. The Massachusetts state constitution and code contain similar provisions that are designed to protect residents who are suspected of crimes from being coerced into…

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The Crucial Role of Legal Counsel in Expunging Criminal Charges in Massachusetts

In the area of criminal law, expungement can be a vital tool for individuals seeking to move forward from past mistakes and rebuild their lives. However, a recent judicial opinion from the Massachusetts Appeals Court highlights the complexities involved in the expungement process and underscores the importance of obtaining legal…

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Massachusetts Defendant Argues Confession was Involuntary in Murder Case; Higher Court Disagrees, Affirming Guilty Conviction

In a recent criminal case in Massachusetts, a defendant appealed his guilty conviction for murder in the first degree. On appeal, the defendant argued that the officers had coerced him into providing a confession of guilty; the higher court, however, ruled that the confession was entirely voluntary. The court’s opinion…

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