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The Kickham Comment - Boston Criminal Attorney Blog

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Massachusetts Sex Offenders Who Indecently Expose (“Flash”) Can Now Be Held After Prison Sentence Is Completed

For a long time, Massachusetts sex offenses were – very generally speaking – broken down into “contact offenses,” where the defendant made physical contact with the victim, and “noncontact offenses,” where the defendant engaged in acts that are generally known as indecent exposure, or to use the lay term, “flashing.”…

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U.S. Attorney General Backs Drug Sentencing Reform Recommendations: Late, But Not Too Little.

Readers of this blog know my disdain for mandatory sentencing, whether for Massachusetts drug offenses, or a variety of other crimes. I’ve blogged previously about this subject, on more than one occasion. Some headway was made on this subject just the other day, when U.S. Attorney General Eric Holder endorsed…

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“Upskirting” Case Dismissal: Change the Law, Don’t Shoot The Messenger

Amazing how a new expression or grammatical term can crop up almost literally overnight, isn’t it? The newest term that seems to be on everyone’s lips today: “Upskirting.” Seemingly a new verb that would have been met with confused looks just yesterday, now seems to be somehow thrown around as…

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Massachusetts Drug Charges: You Won’t Escape Them By Swallowing the Evidence.

There’s a lot going on in legal news on this unusually freezing cold, arctic-air-blasted last day of February 2014, but I thought I’d drop a note for those who think they can outwit law enforcement and legal system when it comes to creative ways of hiding or destroying evidence. Those…

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MASSACHUSETTS CELL PHONE RECORDS & POLICE INVESTIGATIONS: SJC TELLS POLICE: GET A SEARCH WARRANT FIRST

Technology – especially internet and smart phone technology – is moving at light speed. The law is trying to catch up to these changes, and a decision yesterday by the Massachusetts Supreme Judicial Court (SJC) made more headway in that race. The decision, Commonwealth v. Augustine, deals with whether or…

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ACLU’S LATEST “BIG IDEA”: LET’S BAN DRUG AND WEAPONS-SNIFFING DOGS FROM PRISONS

Most people who know me would tell you I’m “Not a liberal,” – and they’d be right. Most of my non-liberal views and positions concern political issues. However, when it comes to legal issues and protecting the legal rights of defendants who have been accused of crimes, I fight tooth…

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Massachusetts SJC Decision Barring Juvenile Life Sentences Without Parole: Good or Bad?

In my previous post on Christmas Day, I wrote briefly about the Massachusetts Supreme Judicial Court’s (SJC) decision earlier this week barring life sentences for juveniles convicted of murder. The SJC’s concerned the case of Gregory Diatchenko, who was 17 in 1981 when he murdered a man in Kenmore Square.…