Massachusetts Rule of Criminal Procedure 14 mandates that the district attorney surrender to the defense virtually everything in its custody or control that is at all relevant to the case. The rule lays out some specific items that fall within its purview however case law is clear that the list…
One of the more highly profiled criminal defenses, especially in cases involving murder or attempted murder, is insanity, meaning that the defendant was insane at the time of the crime. This criminal defense strategy is often popularized in movies and by the media and often brings a touch of drama…
Perhaps the most common complaint I get from clients about police officers involves stops, searches and seizures for apparently no reason. The client will tell me that he wasn’t doing anything and that the cops searched him anyway. Or someone might say that he was pulled over, removed from his…
Mistaken identity is one of the leading causes of wrongful conviction. Mistaken identity is a criminal defense that is raised by a defendant that asserts that a witness, usually an eyewitness, is mistaken in his or her memory that the defendant is the perpetrator of a crime. While the witness…
When accused of a crime, there are a number of defenses that can be raised by the accused/defendant. One of the most commonly raised defenses used when charged with assault and battery, and even murder, is the act of self defense. Self defense is a criminal defense that can justify…
Not everyone who gets charged with a crime in Massachusetts was present at the time the crime was committed. There can be any number of reasons why this happens. Sometimes witnesses or the police are given the wrong name at the time the case is reported. This can be deliberate…
Anyone can be arrested for driving under the influence of alcohol. A glass of wine at happy hour can subject you to stiff fines and penalties once you get behind the wheel. Being arrested does not make you a bad person, but merely shows the lapse in judgment you may…
Yesterday the father of a teenager accused of kidnapping, rape and other Massachusetts sex crimes was indicted for misleading a police investigation. Authorities alleged that the police requested Matthew Cyckowski surrender his son’s cell phone. Cyckowski provided his own instead. The crime proscribed by Massachusetts General Laws Chapter 268 Section…
Many people who are charged with gun possession crimes are not career criminals. Instead, they were in the wrong place at the wrong time or lacked understanding in complicated state firearm legislation. Consequences for weapons violations can be costly, both professionally and personally, but they can be avoided when armed…
Should criminal accusations regarding domestic assault and battery subject someone to losing their job? No! Mere accusations of criminal activity does not constitute guilt. So what is behind the public outcry demanding the automatic suspension of football players accused of domestic assault and battery? Obviously not due process. Due process…