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False Rape Allegations

Several weeks ago I received a call from a potential new client. He had been contacted by a police officer and was told that he was being investigated for a sexual assault. The young man asked the officer what he was talking about. The officer described the complaint to the man. He told him that a couple of years ago the two had been at a party. Mostly young people attended the party, ages nineteen to twenty-three. The “victim”, a twenty year old claimed that the two started kissing and engaging in gentle sexual caressing. The man then supposedly put his hand down her pants and inserted his finger in her vagina. This constitutes rape in Massachusetts. The girl’s story is not true. The accusation inspired me to write about defending false rape allegations. Continue Reading

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Ignorance of the Law is Not a Defense

There are plenty of instances in which someone does something illegal without knowing that it is a violation of the law. Ignorance of the law is not a defense to committing a crime and only in the most limited of circumstances can ignorance of the law be used to help reduce the charges pending against the unwitting perpetrator. Continue Reading

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No One Read Me My Rights

I get this question every day. “If no one read me my rights will my case be dismissed?”. The answer depends on what you said, when you it and perhaps most importantly what the cops say you said. The rights referred to here are your Miranda rights. Everybody knows what these rights are however very few people outside of the criminal law profession know how they are applied. Hopefully this article will shed some light on the meaning of these rights and the actual application of these rights. Continue Reading

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Heroin Trafficking Defense Attorney

Fentanyl is an opioid used for pain management therapies that has become a popular street drug in recent years. It is classified as a Class B controlled substance under Mass. Gen. Laws Chapter 94C, Section 31. It is used to cut heroin, cocaine, and other drugs, often without the knowledge of the person taking the drugs. Fentanyl is a powerful drug that increases the potency of heroin and other drugs when mixed with them. Heroin overdose deaths in Massachusetts have been on the rise for many years, and increasingly, toxicology investigations find that the fentanyl being mixed with the heroin is contributing to these deaths. Continue Reading

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Probation Violation and Detention Hearing

Starting in September Massachusetts will be implementing new rules for probation violation and detention hearings. The proceedings effected are what are currently known as preliminary probation hearings and final probation surrender hearings. The former will be called a probation detention hearing. The latter will be referred to as a probation violation hearing. A new set of procedural rules will be enacted and evidentiary standards have been somewhat modified. These rules will apply to the Boston Municipal Court and the Massachusetts District Courts. The rules changes are subtle. They do however have more organized and just feel about them. Some of these rule changes are discussed below. Continue Reading

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Unlawful Detention and Interrogation

This past weekend I got a call from someone telling me that her cousin was involved in a motor vehicle accident where someone died. She was being held at one of the Boston police stations. The caller was clearly intelligent. Her cousin told her that she could not leave the police station. The caller then spoke with one of the detectives who told her that her cousin “was not in custody” but also that “she could not leave the station”. Another lawyer from my office called the police station and the detective told just what the caller had told me. This prompted me to write about the question: how long can the police hold someone if they are not under arrest. Continue Reading

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Unreasonable District Attorney

The district attorneys in most Massachusetts counties have strong training divisions. Experienced prosecutors run internal seminars educating young lawyers on a myriad of subjects. Among other things these seminars include how to try a case, the amount of bail to request for particular matters, legal standards for evidentiary challenges, trending criminal law issues and more. Continue Reading

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Body Cameras…They Might Help You Win Your Case

In light of so many instances of police-involved shootings over the past year across the country, the Boston City Council is considering a proposed pilot program that would have Boston city police wearing body cameras to record officers’ activities, CBSBoston reports. The purpose of the cameras would be to observe the officers’ actions in an unbiased way, including their interactions with civilians and suspects. Continue Reading

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Watch Our For The Dishonest Probation Officer

Anyone on probation in Massachusetts knows just tenuous your situation can be. Any new arrest is grounds for being surrendered. A failure to comply with the conditions of probation will result in a surrender notice being issued. While the large majority of probation officers are hard working and hones there are a few who are not. These people are dangerous. You have to be mindful of the vindictive dishonest probation officer who thinks his job is to put people in jail rather than monitor their probation or help them overcome the problem that landed them in criminal court. Continue Reading

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Finding The Right Criminal Defense Attorney

For most people, being charged with a crime is an unnerving experience. The first thing someone might do is get on the Internet and research the statute under which he has been charged. This is a really bad idea. You will look at the statute and see a potential jail or state prison sentence. Panic will start to set in. So, you might next use the Internet to find a criminal defense attorney. The website might provide you with similar information. This might not make you feel any better. Keep this analogy in mind. When you don’t feel good you might go to the symptom checker on the Internet. And guess what? You will quickly learn that you have a terminal illness. Yet once you meet with a doctor you find out that you only have a pulled muscle. So while the Internet and criminal lawyer websites might be a good starting place for representation you have to do more to find the right person to represent you. Here are my thoughts on how to find the right criminal defense attorney for your case. Continue Reading