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I never took the time to figure out what percentage of my clients gets arrested over the weekend but I am sure the number is significant. Several years ago, when I opened my own practice an older lawyer gave me some friendly advice. He told me that if possible, never schedule anything in court for Monday mornings. That advice has served me well over the years. Every weekend I get scores of telephone calls from people who got arrested, are in need of immediate legal assistance and getting arraigned on Monday. This past weekend was particularly busy. One of the messages I got from my answering service was “I got arrested over the weekend and I need a criminal attorney, what should I do?”. This article addresses that question.

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Arrested over the weekend?

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The Cost of a DUI in Massachusetts

A DUI is not something you are charged with everyday. In fact, many people who get a DUI are first-time offenders who really have no idea what the cost of a DUI conviction is. Not only are there long-lasting repercussions to your reputation, future job prospects, and your ability to drive, but the financial consequences of a DUI add up to a lot of money. Below are some of the costs that are associated with a DUI. Continue Reading

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Arraignment Process in Massachusetts

Several times each week and sometimes multiple times in a day I am in a court in Massachusetts representing a client at his arraignment. This proceeding is so familiar to me that I often take for granted that my clients will know what to expect and how the arraignment process in Massachusetts works. In truth, unless you have been involved in the criminal legal process in the past you probably don’t know what will happen at this hearing. This post examines the process and what you should expect on the day of your arraignment. Continue Reading

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Massachusetts Criminal Accord and Satisfaction

Massachusetts has a statute that in some instances essentially permits a person accused of certain crimes to pay the victim in exchange for getting the charges dismissed. The statute, Massachusetts General Laws Chapter 276 Section 55 states that a person charged with an assault and battery or a misdemeanor that could also be the basis for a civil lawsuit can pay the victim in exchange for having the charges dismissed. Of course, this type of resolution, known as a Massachusetts criminal accord and satisfaction needs to be in writing and approved by a judge. Continue Reading

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Texting and Driving in Massachusetts

Not too long ago Massachusetts enacted a law prohibiting texting and driving. The statute, Massachusetts General Laws Chapter 90 Section 13B has enables police officers to make motor vehicle stops that in the past would not have been considered lawful. There is however a silver lining for Massachusetts criminal defense attorneys challenging stops under this law. The statute is written in a way that makes it virtually impossible for a judge to sustain the stop if properly challenged through a motion to suppress. Here is why. Continue Reading

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Massachusetts Crime Lab Wrongdoing

On the heels of the Annie Dookhan investigation, it came to light that there was misconduct on the part of another state chemical analysis lab technician at a drug crime lab in Amherst, Massachusetts. It was discovered that state chemist, Sonja Farak, had tampered with drug evidence samples she analyzed in 2013. Farak, who was struggling with a drug addiction, had removed cocaine from some drug evidence samples that had been submitted to the lab for testing. When the misconduct was discovered, and Farak was charged for her crimes, the Commonwealth conducted an investigation; however, there is a dispute over whether the Commonwealth made a sufficient effort to uncover just how long Farak had been conducting her lab work in this way, and how many potential drug cases were impacted by her actions. Once again Massachusetts crime lab wrongdoing issues surfaced.  Continue Reading

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Probation Violation Hearing

Probation surrender hearings are proceedings that are initiated after someone violates a condition of probation. Once the probation officer learns of the violation he or she issues a notice of surrender. That document orders the defendant to come into court to defend the allegation that a violation occurred. Probation violations are very common. People who receive surrender notices call my office, often in a panic and ask what is going to happen at the probation surrender hearing. The answer to that is always case specific however some thoughts on the subject are laid out below. Continue Reading

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Charged With Massachusetts Drug Crimes

In an effort to help combat opiate addiction in Gloucester, Massachusetts, local police have put forth a plan that would offer opiate addicts the chance to get the help they need without having to face the consequences of drug possession criminal charges, reports Boston.com. In a unique approach that attacks heroin demand, rather than the heroin supply streams, Gloucester police are looking at the problem as people who have an addiction that need help rather than rampant criminal activity fueled by dark motives such as obtaining and distributing illegal drugs for profit. Continue Reading

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Dudley District Court Drug Trafficking Defense Attorney

The courthouse in Dudley serves the Worcester County towns of Sturbridge, Southbridge, Oxford, Charlton, Dudley and Webster. Route 90 crosses this jurisdiction as does Interstate 84. For a rather quiet, rural jurisdiction the amount of drug cases that pass through this court is incredible. Our Boston office is about an hour and a half drive to the town of Dudley. Yet despite the distance we are retained on several serious drug cases in this court each year. Most of these cases involve drug trafficking; usually heroin and sometimes cocaine. While Dudley District Court is where many drug trafficking cases originate, most are resolved in the Superior Court in Worcester. Recent observations about the origins of many of our Dudley drug cases has prompted me to publish this post. Continue Reading

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Probation Violations Because of Technological Failures

What happens if you are on probation, parole, or are under house arrest when your ankle bracelet malfunctions? What if it stops transmitting a GPS signal and the police are unable to verify where you are? You aren’t technically in violation of your probation; but how are the authorities to know that if your electronic monitoring device cuts out? Probation violations because of technological failures is becoming an issue in Massachusetts that makes it necessary for you to hire an experienced criminal defense attorney.  Continue Reading