The Massachusetts Legislature has been busy debating a crime bill that would eliminate any parole eligibility for persons convicted three times of violent felonies. The general concern over allowing violent offenders access to parole has been gaining steam for several years now, but was brought to a head following the…
It is said that “Actions speak louder than words.” The Massachusetts Supreme Judicial Court reaffirmed that very powerfully in the area of Massachusetts arrests last week, as it ruled that a person shaking his head horizontally left to right, indicating “no”, is just as powerful and effective as the spoken…
First, let me say that there hasn’t been a post here in a while, and I’m sorry about that. December saw me distracted with an extremely busy combination of court appearances, trials, and a vacation beginning December 20 – all of which caused me to be extremely busy. However, there…
Most people who were asked what “Double Jeopardy” is, would think it has something to do with the TV game show. Not exactly. OK – to be fair, you’d probably need to have taken at least one college-level course in criminal justice or pre-law, to understand the answer. What the…
Quick question: If you’re in a Massachusetts motor vehicle accident with an off-duty police officer, and he or she prevents you from either driving away or leaving the scene of the accident until the appropriate police department arrives, is that an “arrest” for legal purposes? According to the Supreme Judicial…
Most Massachusetts drug offense prosecutions involve challenges to how police obtained the illegal drugs that a defendant is charged with possessing. As a Dedham, Massachusetts drug crimes lawyer, I try to prevent this evidence from being admitted at trial, through what are called pre-trial “Motions to Suppress.” The legal bases…
This isn’t exactly breaking news, but it’s something worth reminding my readers of. The Massachusetts Supreme Judicial Court (SJC) recently handed down a ruling on a challenge to the state imposing a fee to get a hearing on a motor vehicle offense or traffic violation. Drivers seeking to appeal a…
Here’s an interesting point: Most people would be able to tell you that if you are questioned by police in a police station or in an environment where your ability to leave is otherwise restricted, police must read you your Miranda Rights. This type of questioning is referred to legally…
A California trucking company, Inland Empire, hired two men to drive a tractor-trailer to Boston, a trip that driver Miguel Aguilar made at least 10 times in the past year. Last week Aguilar made the trip with novice driver Jose Cubias. State police, working on a Massachusetts drug crimes investigation,…
This blog isn’t entirely about criminal defendants’ legal rights. It’s about promoting awareness of safety in an unsafe world. This became all too clear just a couple of days ago, when a 14 year-old girl in Lynn was almost the victim of a Massachusetts kidnapping, after an attempted abduction by…