Massachusetts Criminal Defense Lawyer Blog

Battered Women’s Syndrome – Fact or Fiction?    It is no secret that domestic abuse remains a largely gendered crime. It is estimated that 1 in 3 women will experience domestic violence in their lifetime. Some courts look to the “battered women’s syndrome” standard in expert testimony. Battered Women’s Syndrome…

Under the Fourth Amendment, police cannot search a person’s home with a warrant, with limited exceptions. When there is a warrant issued, it must be particularized and specific. Officers are typically not allowed to search outside the limits of the warrant. The Massachusetts Appeals Court recently looked at the case…

Massachusetts No-Fix Law – Grounds for Dismissal in OUI Cases A driver who is stopped by police for operating under the influence will either be placed under arrest, or will be charged with an OUI.  In a case where a driver is not placed under arrest, a citation provides notice…

Can a Case Based on a Photo be Decided Without the Photo? Massachusetts Appellate Court Decides.  Photographing a nude or partially nude person in an area where they have a reasonable expectation of privacy is a crime in Massachusetts. But what if the alleged photograph is never produced at trial?…

Massachusetts Appellate Court to Decide Constitutionality of Traffic Stop and Frisk    The Fourth Amendment and the state equivalent have many exceptions. Officers are generally permitted to patdown the outer layer of a person’s clothes during a traffic stop if the officer fears that the person may be armed and…

Does a Zoom Trial Violate A Defendant’s Rights? The Massachusetts Supreme Judicial Court to Decide.  Criminal defendants in this country have a right to trial in front of a jury of their peers. Additionally, the Sixth Amendment of the United States Constitution and Article Twelve of the Massachusetts Declaration of…

Texas’s Unconstitutional Abortion Ban In 1965, the world was a very different place. Not only was abortion illegal, but the use of contraceptives were illegal in many places as well. Restrictive rules regarding the use of contraceptives were prominent throughout the country. In Connecticut, this rule was enforced against two…

Massachusetts Appellate Court Denies Man New Rape Trial  Many rapes happen while the victim is under the influence of alcohol, drugs, or a combination of the two. Victims are often tested for the presence of drugs at a hospital following their assault. However, may a court allow an expert testimony…

Homicide is the most serious offense. In most states, homicide is punished more severely if the victim is a law enforcement officer. But, what if this murder is committed outside an American territory? Federal statute 18 U.S.C § 1114 makes it illegal to kill any government officer engaged in their…

The unfortunate reality is that oftentimes in criminal and civil trials, alike expert witnesses rely on pseudo-science and pseudo-psychology in their testimony. The Massachusetts Appellate Court recently decided the case of Commonwealth v. Delossantos, which dealt with an expert witness’s unreliable testimony about the behavior of drug users,  What happened…