As I said in Part One of this Post a few days ago, a lot of people, especially some talk radio hosts, have placed the blame for this tragedy squarely on judge Superior Court Judge Thomas McGuire, lambasting him as a “Hack Democrat judge.” I don’t think that was the…
Articles Posted in Probation Violation
Cape Cod Triple Motor Vehicle Fatalities Tragedy: Judge Alone Is Not Entirely To Blame
By now almost everyone in Massachusetts, and outside the state, has heard of the horrific story of how Kevin P. Quinn, an Afghanistan combat veteran, 32 year-old married man and the very recent father of his first born baby, was killed by a reckless driver – a criminal defendant who…
Should Drug Testing Violators Be Sentenced to Jail – Or A Hospital?
Here’s a very interesting hypothetical legal question: Let’s assume that “Dave Defendant” is convicted of a certain crime – whether a misdemeanor or felony –and is sentenced to probation. Part of his probation terms require that he remain drug-free, and submit to random drug tests administered by the Department of…
Massachusetts Sex Offenders Can’t Be Forced to Wear GPS Devices Unless They First Violate Probation: Supreme Judicial Court.
In a ruling bound to enrage victim’s rights advocates and conservative legal and political commentators, the Massachusetts Supreme Judicial Court yesterday issued a decision restricting District and Superior Court judges’ ability to require that GPS monitoring bracelets be worn by convicted Massachusetts sex offenders, regardless of whether offenders have violated…
Massachusetts OUI Probation Violation Sentence Shows Consequences
In my previous posts on the subject of what can happen when a defendant who has been sentenced to probation, violates one or more of the terms of his probation agreement, I discussed the case of Massachusetts state senator Anthony Galluccio. Galluccio was sentenced to probation recently for leaving the…
Massachusetts Probation Violations: Some People Never Learn – Part 2 of 2
In my last post, I discussed the most recent Massachusetts OUI arrest involving state senator Anthony D. Galluccio, and his most recent, and rather novel, legal defense. I made the argument that while as a Boston criminal defense lawyer I zealously and aggressively fight for my clients in court, there…