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Massachusetts Criminal Defense Attorney Blog

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I Was Arrested For a Crime in Massachusetts. The Cops Set Me Up. Can I Claim Entrapment as a Defense?

At least once a week I get a call from a perspective client who wants to discuss a criminal case that he or she thinks is a classic case of entrapment. While the facts are always different a common theme underlies every story. An undercover police officer is involved in…

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I Have a Criminal Case in Massachusetts and I am in Default. What Is Going to Happen to Me?

Several times each week someone calls my office with this question. The answer varies from case to case. The consequence of defaulting from your obligations in the Massachusetts criminal courts is extremely fact specific. Much depends on when you defaulted and why you defaulted. Some situations are considered quite serious.…

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How to Summons or Subpoena Evidence for a Criminal Case in Massachusetts, Rule 17 and Commonwealth v. Lampron, 441 Mass. 265 (2004)

This process used to be so easy. Simply draft a subpoena identifying the materials you wanted and have it served on the keeper of the records for the entity in possession of the materials. Some lawyers had summons direct delivery to their law office. Others had it delivered to the…

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Commonwealth v. Gonsalves, A Massachusetts Offshoot Of The Crawford Rule

In many Massachusetts criminal cases, particularly domestic violence cases, a witness asserts a privilege not to testify at a trial. The most common privileges that are asserted are the marital privilege and the privilege against self-incrimination. Simply stated, in most circumstances the government cannot force a spouse to testify against…

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The Massachusetts Criminal Reciprocal Discovery Process At A Glance: Commonwealth v. Durham, 446 Mass. 212 (2006)

Until 2006 the criminal law discovery process in Massachusetts created, at least in some cases, a level playing field. The prosecution was obligated, with limited exception, to surrender all of its evidence to the defense. This duty required disclosure of all known witnesses, their statements, evidence of which the district…

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Charged With Domestic Assault and Battery in Massachusetts, What Should I Do?

One of the crimes most frequently defended by Massachusetts criminal lawyers is the case of domestic assault and battery. The statute prohibiting the conduct is Massachusetts General Laws Chapter 265 Section 13A. Not many people are aware that the crime of assault and battery in Massachusetts is a misdemeanor, punishable…

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In Massachusetts Cases Can Be Dismissed Prior to Arraignment

In late November of this year the Massachusetts Supreme Judicial Court decided the case of Commonwealth v. Humberto H. The issue on appeal was 1) whether there existed sufficient evidence to sustain the complaint and 2) whether the judge had to arraign the defendant prior to dismissing the complaint. Here…

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Possession, Distribution of Child Pornography Against Former Peabody Cop Charged Following Computer Search

Late last week Julie Manganis of the Salem News reported that Joseph Ferrante, a retired Peabody, Massachusetts police officer has been charged with Possession of Child Pornography and Distribution of Child Pornography. Both charges are felonies in Massachusetts. In September of the year a Massachusetts State Trooper got onto a…

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Taunton Massachusetts Couple Face Drug Trafficking Charges After Parole Violation Investigation

Just yesterday Taunton, Massachusetts police were investigating “a potential parole violator” on Crossman Street. Around 5:30 p.m. they went to a home at that address due to their belief that Jason DaGraca was in violation of his parole. When the police arrived they searched a car in the driveway. In…

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22 Year Old Norwood Massachusetts Man Pleads Not Guilty to Motor Vehicle Homicide, Lawyer Claims Man Unaware of Body

Prosecutors in the Wrentham District Court claim that Moses Acloque dragged a women who worked at a Route 1 motel for three miles underneath his vehicle causing her death. According to a report in the Patch Acloque was at a party in a motel room watching Monday Night Football. The…

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