Just yesterday I signed up a client being charged with malicious destruction to property over $250. This is a felony in Massachusetts. The allegations, at least according to the cab driver are that the passenger disputed the fare and refused to pay. Out of anger the passenger supposedly then broke…
The litigation of the issuance and extension of 209A Restraining Orders takes up a considerable amount of time in District Courts throughout Massachusetts. Some judges listen carefully to the facts presented at these hearings. Others are afraid not to issue the order. Case law in this area is constantly evolving…
Anytime a criminal defense lawyer gets a police report and sees that his client allegedly confessed to a crime a red flag goes up. Was the confession made voluntarily? Was it recorded? How long did the interrogation last? What promises or inducements did the police make that prompted the defendant…
When a police officer pulls over a driver or stops a driver at a DUI checkpoint because the officer suspects that the driver may be driving under the influence of drugs or alcohol, the officer will more than likely request that the suspect driver participate in a series of tests…
Just recently a former client called me with a new problem. He was driving on a residential street and saw a police officer he believed to be the same officer who arrested him several years ago. Even though he was acquitted of the crime, a drug distribution offense, he still…
As previously discussed in part 1 of this blog series, if children are present when police come to your home in response to a domestic assault and battery report, they will report the instance of the domestic assault to the Department of Children and Families (DCF) by submitting a 51A…
Not unlike most Sundays I woke up yesterday to several find messages on my cell phone from perspective clients who are in need of criminal legal representation in court today. Someone needed a lawyer for a domestic assault and battery case out of Lowell. Another person wanted to hire me…
At least once a week a potential client will come into my office to discuss a pending case and conclude the conversation by asking me what guarantees I can give him. My answer is the same each time. There are no guarantees in this business. There are times when lawyers,…
Any close living situation may eventually cause agitation and strife between those people living together. And in some cases, the situation reaches a boiling point and people start to lash out, sometimes even violently. When violence occurs within the home, it is considered domestic assault. In the middle of a…
Motions in limine are requests brought by the parties and decided by a judge that determine what evidence might be admitted or excluded at trial. These motions are usually filed prior to trial or on the day of trial however they can be presented at any time. Motions in limine…