Massachusetts Criminal Defense Lawyer Blog

Is your “semiprivate” area in your home’s curtilage protected from prying eyes? The Fourth Amendment protects all Americans from unreasonable searches and seizures.  Courts define what that means everyday in terms of how far Fourth Amendment protections are extended.  One case that raises an interesting issue is Cyde S. Bovat…

Supreme Court has its eye on mental health record privilege  A Colorado case involving a dispute over murder versus suicide begs the question: are mental health records absolutely subject to psychologist-patient privilege, or is there a set of circumstances where they can be revealed to the accused to aid in…

In February, the United States Supreme Court was asked to consider whether a misdemeanor child endangerment conviction may be grounds for removal of a lawful resident immigrant under the Immigration and Nationality Act. The Court recently denied certiorari, allowing the petitioner’s removal to proceed. This decision effectively endorses an expansive…

    In a 6-3 opinion written by notoriously conservative Justice Gorsuch, the United States Supreme Court held that Title VII of the Civil Rights Act of 1964 covers employment discrimination based on sexual orientation and gender identity in Bostock v. Clayton County, Georgia, 590 U.S. __ (2020). The opinion…

The tragic death of George Floyd will hopefully bring reforms that help ease racial tensions and move us toward greater equality in society.  One legal doctrine that allows police officers to avoid liability for acts of brutality and excessive force is the doctrine of qualified immunity that should be revisited…

The Tragic death of George Floyd and the protests that have followed shine a new light on two major Massachusetts Supreme Court cases involving Race and how our Constitution is going to be interpreted. The tragic death of George Floyd involves shocking actions that are likely to result in murder…

In a Massachusetts OUI drugs case, the Commonwealth needs to prove the concentration of drugs in your system to be able to prove you were under the influence of a drug like marijuana, heroin or a prescription drug.  The Commonwealth can attempt to show you were impaired based on observations,…

The United States Supreme Court is being asked to considers a petition for Certiorari regarding whether Post-Miranda silence violates the privilege against self-incrimination after the defendant’s arrest when it is allowed to be used by the prosecutor during their case-in-chief to prove a criminal charge. In the case of Adalberto…

I read an amazing book this past weekend called Man’s Search for Meaning by Victor Frankl. Many have already read this book, but if you read it in high school or a long time ago, it is worth a second read.  I want to share with you my thoughts about…

As a Massachusetts OUI Lawyer, I have encountered many individuals struggling with addiction.  It is important to understand this:  You can always get help; it never hurts your case.  You may have a drinking problem, but you can still be found not guilty of your OUI charge.  Do not let…