Massachusetts Criminal Defense Lawyer Blog

The Massachusetts Supreme Judicial Court heard oral argument on April 2 in the Commonwealth v. Long. This case raises the issues of the detection of marijuana and probable cause to search a commercial building.   In this case, two officers were conducting patrol when they noticed two vehicles parked behind…

The Massachusetts Supreme Judicial Court will decide whether the failure to secure a child properly in a car seat can result in an involuntary manslaughter conviction.  The case is Commonwealth v. Hardy, where the defendant Hardy was convicted by a jury of involuntary manslaughter.  On appeal, Hardy argues that her…

The Massachusetts Supreme Judicial Court will be asked to decide whether clerk magistrate hearings where the clerk finds probable cause but declines to issue the complaint should be open to the public.  As a criminal defense lawyer that has handled many clerk magistrate hearings, clerks do sometimes find probable cause…

The Massachusetts Supreme Judicial Court will soon address what right the media has to access criminal records.  The case involves the request of the Boston Globe for a booking photograph of an officer after an arrest.  Attempts by the media to gain access to criminal files has been a big…

​How long must one be deprived of his freedom before the deprivation is considered “absolute?”  For what time period must a person be away from her job, her family, or her home before the loss of liberty is no longer considered a “mere diminishment of a benefit?”  And what is…

R. Kelly faces numerous counts of aggravated sexual abuse; it is alleged that the girls were underage at the time of the incident.  In Massachusetts, when someone has sex with an underage person, the crime is referred to as statutory rape.  With a crime like statutory rape, consent is not…

Robert Kraft’s lawyer filed a motion to suppress challenging how the police obtained the video evidence against Kraft and the basis of the traffic stop where Kraft’s identity was learned.  In Kraft’s case, the motion to suppress is essentially the entire case assuming the video depicts what the police claim…

In this Blog, I address many of the common questions and concerns about Court someone would typically have when faced with a first offense OUI.  I help people everyday understand the court process and make the best decision for them as to how they should handle the case.  In many…

The Massachusetts SJC held today in Commonwealth v. Richard Sherman, Jr. that in a rape trial, when the sexual encounter starts consensual and it is alleged that the victim withdrew her consent, that the defendant is entitled to a jury instruction that a consensual sexual encounter can become rape if…

The Massachusetts Supreme Judicial Court heard oral argument in the case of Commonwealth v. Brain Harris that raised the issue whether Massachusetts law denies nonresidents the right to bear arms by exposing them to criminal penalties for not having an FID card. This case was argued in November with a…