How Can I Prove Someone is Lying at My Trial? Central to almost every criminal case is the issue of credibility. The defense is almost always challenging the testimony of a police officer, an expert witness or an eye witness to a crime. Not every alleged crime is caught on…
Criminal Accord and Satisfaction There are a handful of minor crimes that can be dismissed at a judge’s discretion when the victim requests that the charges be dropped in Massachusetts. Specifically, certain misdemeanors, such as assault and battery and domestic dispute charges, which the defendant could also be liable for…
The Marital Privilege in MassachusettsG.L. c. 233 Section 20 sets out the parameters of the marital privilege in Massachusetts. The law states that with limited exception no spouse will be compelled to testify against the other at trial. This does not mean that a defendant in a criminal case can…
Defense to DUI Charges Every so often on the news there will be a report about a person beating drunk driving charges due to unusual medical conditions. One such condition is known as auto-brewery syndrome, where the gut holds an unusual amount of yeast, which can cause the gut to…
Hearsay in Massachusetts You have probably heard it raised as an objection in movies or television shows, “Objection! Hearsay, Your Honor.” But what is hearsay? What does that mean? Many people think of it as “he said, she said” evidence, which is partially correct. Hearsay in Massachusetts (and for that…
Attorneys Defend Rape Allegations in Massachusetts One of the most heinous accusations you can face in the Massachusetts criminal courts is an allegation of rape. Virtually everyone who reads about or hears about a rape complaint initially believes that the accusation is true and that the accused is dangerous. Few…
Why Some Massachusetts Judges Delay Dangerousness Hearings Massachusetts General Laws Chapter 276 Section 58A permits the district attorney to move for detention if the defendant is charged with a felony that has an element of physical force or a threat thereof to an individual. Some Massachusetts district attorneys offices have…
A consolidated case is being heard in Concord, the Milford Daily News reports, that will determine whether the use of breathalyzer testing devices to gather proof that a driver was operating a vehicle under the influence (OUI) of alcohol is scientifically sound. The reliability of the chemical breath testing devices…
Clerk Magistrate Hearing Over the years I have repeated my strong belief that you need a lawyer at any criminal proceeding in Massachusetts courts. Recently this sentiment became apparent to one of my clients who questioned the need for legal representation at a clerk magistrate hearing. He really thought that…
Using Cell Phone Trackers The recent revelation of a non-disclosure agreement signed by the Boston Police Department at the request of the FBI has raised some concerns in the criminal defense world after a public records request generated proof of Boston PD’s investigation activities. The Boston Police Department admitted publicly…