Probation Violation In Massachusetts, probation violation hearings differ significantly from trials and some other proceedings in criminal cases. The Supreme Judicial Court made clear in Commonwealth v. Durling, 407 Mass. 108 (1990) that probation violation proceedings do not afford to the defendant the same protections as one gets at trial.…
Massachusetts Criminal Defense Attorney Blog
Drunk Drivers Can Face Criminal Charges for Killing Passengers
Drunk Drivers When many people think about drunk driving accidents, they first think of a drunk drivers crashing into someone else on the road. When people think about vehicular manslaughter, they usually think about pedestrians or bicyclists that have been hit by a car, or a drunk driver hitting victims…
Possible Defenses to Kidnapping Charges
Kidnapping Charges Kidnapping is a serious crime in Massachusetts. It is considered a violent crime and is thus a felony charge. Criminal defendants who are facing kidnapping charges are at risk of jail time, loss of their freedom, and long-term impacts on their life if they are convicted. That is…
Can I Be Charged For Heroin Trafficking Just Because I Was Present During a Raid?
Heroin Trafficking Late last week I got a call from a new client greatly concerned because he had just been arrested and charged with heroin trafficking in Lawrence, Massachusetts. The man was at an apartment in Lawrence apparently looking for some heroin to satisfy his habit. Several other customers were there…
Do Drivers Have a Constitutional Right to an Attorney Before a Breathalyzer?
Breathalyzer Test When a driver is pulled over or stopped by law enforcement and asked to submit to a breathalyzer test, the driver has a right to refuse a breathalyzer test. Many drivers do not refuse to submit to a breathalyzer test either because they do not know that they…
First Details of Attorney General’s Report on Drug Chemist’s Misconduct Revealed
Drug Chemist’s Misconduct Within the past few months, Massachusetts drug testing labs have been under fire for two separate instances in which chemists working for the state engaged in misconduct that potentially could have an impact on thousands of drug convictions. Both Annie Dookhan and Sonja Farak were chemists at…
False Allegations of Domestic Assault and Battery to Avoid Deportation
Domestic Assault and Battery Over the years I have defended scores of people falsely accused of domestic assault and battery in Massachusetts. Many of these claims were made to gain an advantage in a collateral legal proceeding such as a divorce or a child custody dispute. Other times the claims…
Massachusetts Probation Service Speeds Up Record Sealing Process
Those individuals who are worried about their criminal record costing them a job opportunity can breathe a sigh of relief after the Massachusetts Probation Service revamped its criminal record sealing procedures. The process of sealing a criminal record in Massachusetts used to take months, but now can be resolved in…
Potential Defenses to Disorderly Conduct Charges
Disorderly Conduct In Massachusetts, disorderly conduct charges are a serious criminal law matter that should never be taken lightly. Many people find themselves facing charges like these when they act out in public, engage in a fight, or annoy or taunt the police. Being convicted of a disorderly conduct charge…
Destruction of Evidence in Criminal Cases May Result in Case Being Dismissed
Destruction of Evidence in Criminal Cases For nearly three decades I have been defending people accused of committing crimes. I have spent thousands of hours in courtrooms arguing on behalf of my clients and listening to hundreds of criminal defense attorneys fighting for their clients. One of the more common…