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Massachusetts Criminal Defense Lawyer Blog

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Recent SJC decision addresses Probation Violation issues raised in Brockton probation violation hearing

A recent Brockton case raises issues surrounding probation violation hearings and exemplifies how the state can often fail to respect probation violation hearing standards. In the recent Brockton case of Commonwealth v. Bukin SJC-11306, a defendant was inappropriately sentenced after being accused violating their probation by committing a new offense.…

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SJC decision in Commonwealth v. Hearns addresses invocation of Miranda Rights

The Massachusetts Supreme Judicial Court recently found that a Boston police officer during a murder investigation did not honor the defendant invocation of his right to remain silent. The Court found that the defendant invoked his right to remain silent and that the officer continued to question the defendant in…

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What does it mean to the defense in the Aaron Hernandez case that Ortiz and Wallace have been indicted for Murder?

This week featured a new development in the Aaron Hernandez case with Carlos Ortiz and Ernest Wallace being indicted on murder charges. Does this help the Hernandez defense team? From the start, Hernandez primary defense was likely to be that either Ortiz or Wallace committed the murder without his knowledge…

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How to get a Permanent Abuse Prevention order under 209A terminated and the standard used by the courts

Under Massachusetts general law c. 209A, victims of family or household abuse can seek help from the State to prevent further abuse by orders prohibiting a defendant from abusing or contacting the victim, or requiring a defendant to stay away from the victim’s residence or workplace. Any party may seek…

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Looking at the right of Self Defense in Massachusetts after the Dunn Trial

The doctrine of self-defense is one of a few powerful defenses to the most serious crimes, which could lead to a not-guilty verdict if used by an experienced defense attorney. The recent Florida trial of Michael Dunn is one example of this defense successfully raised against a first-degree murder charge,…

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Supreme Court to decide 4th Amendment question on warrantless cell phone searches

The United States Supreme Court is scheduled to issue landmark decisions early this summer regarding the constitutionality of a warrantless search of a suspect’s cell phone under the Fourth Amendment. The nation’s highest court has recently announced that it will be hearing arguments and deciding on two criminal cases –…

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