It happens all the time. A couple gets into a spat and someone calls the police to complain or a neighbor or passerby dials 911 because they hear an argument, some screaming or a loud noise and think that domestic abuse is involved. If the police or an ambulance is…
Boston Criminal Defense Lawyer Blog
The Process of Removing or Recalling Massachusetts Arrest Warrant in Court
If you have an outstanding arrest or default warrant from any court in Massachusetts you are likely dealing with unwarranted stress and anxiety regarding possible detention by the police in addition to feelings of uncertainly about how the judge will ultimately respond to your absence from court. You probably also…
Spousal Disqualification is Raised in Massachusetts Federal Case
There is a distinction that is made under Massachusetts law between statutory disqualification and spousal privilege under G.L. Ch. 233, s. 20. The spousal disqualification applies in all actions, civil and criminal, and regardless of whether one of the spouses is a party or not; the spousal privilege applies only…
Probation Violation Hearings in Massachusetts and the Importance of an Experienced Criminal Defense Attorney
Are you facing a probation surrender hearing in any Massachusetts court because you were arrested or charged with a new criminal offense? Did your probation officer give you notice to attend an initial probation violation hearing because you allegedly violated the law or a general or specific term included in…
Property Crime, Trespass and the right to protest in Massachusetts
Yesterday, twenty-four people were arrested in Boston for the crime of trespass in Boston, Massachusetts. Thousands of protesters congregated near the offices of Bank of America to protest what they believe to be unfair bank foreclosure practices by BOA. Those arrested spent several hours at the police station being booked…
The “CSI Effect” in Massachusetts Criminal Cases: What Potential Jurors Can Now Be Asked
Many prosecutors in Massachusetts believe that potential jurors who watch crime television programs like CSI are prone to wrongfully acquit otherwise guilty defendants when little or no scientific evidence has been presented by them in a criminal case. Massachusetts prosecutors claim that this result which has been called the “CSI…
Why You Should Hire a Lawyer for a Clerk Magistrate or Show Cause Hearing in Massachusetts
Hiring a qualified and experienced Boston, Massachusetts criminal defense attorney is very important and should be the first step any defendant should take when responding to a summons to appear before a clerk magistrate in any Massachusetts court for potential criminal charges. The clerk magistrate is the court official that…
Deadly Force and The Right of Self-Defense in Your Home in Massachusetts
On September 7, 2011 an 82-year-old man allegedly shot and wounded a man and a woman from the second floor window of his home in Revere, Massachusetts. The elderly man was subsequently arraigned on serious criminal charges of assault with intent to murder and assault and battery with a dangerous…
Drunk Driving and Roadside Field Sobriety Testing in Massachusetts OUI Cases
This article will discuss the different types of standard field sobriety tests that are currently being used by law enforcement officials in Massachusetts for people suspected of operating a motor vehicle under the influence of alcohol or drugs (OUI/DWI), commonly referred to as drunk driving. The tests used by police…
The Constitutionality of Strip Searches in Massachusetts
The United States Supreme Court will decide in its upcoming term the issue of whether or not a person entering a jail has a right to be free from strip search absent additional facts or individualized reasonable suspicion justifying the search. The Supreme Court has already held that the Fourth…