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Drug Evidence Based On Flawed Lab Results

Imagine facing a drug offense. You were arrested, an alleged “drug” sample was taken from you during your arrest, you were charged, and are now facing trial. What if you learned that during the testing of the alleged “drug” sample, the lab analyst mishandled the sample? What if they merely visually inspected it, rather than conducted chemical analysis on the sample and then reported the result? What if those results were used at your trial? Its simply unfair. However, prosecutors unwittingly used drug evidence based on flawed lab results to obtain convictions. Hiring a lawyer to investigate this occurrence and to overturn your conviction or get you a new trial might be your next step.   Continue Reading

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Will I Have A Record If My Case Was Continued Without A Finding?

Not a week goes by where someone doesn’t call me to ask about the significance of a continuance without a finding. The typical question is “will I have a record if my case was continued without a finding?” The answer to this is case specific. If someone tells you that a continuance without a finding (CWOF) means that you have no criminal record you have been given bad advice. CWOFs serve a purpose that can in some instances be very beneficial. Other times however the impact of a CWOF can be devastating. This post examines certain aspects of a criminal case disposition through a CWOF. Continue Reading

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Defending An Indecent Assault and Battery

The mere words “indecent assault and battery” are troubling to anyone reads about this crime. The general title of the offense suggests that a serious sex crime has occurred. The prosecution can prove an indecent assault and battery anytime the accused touches someone on a portion of the anatomy understood to be private. Kissing someone on the mouth can in some circumstances satisfy the prosecution’s burden of proof. This at times makes defending an indecent assault and battery a difficult task. This post examines some things to consider when defending someone against these charges. Continue Reading

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Over the Holidays, Haverhill was startled by vandalism of a Nativity scene displayed in front of Sacred Hearts Church on Christmas day. A religious statue was stolen and replaced with a severed pig head. There were concerns that the vandalism was a hate crime or was meant to convey an anti-religious message to the community. However, police have identified a mentally ill homeless woman as the culprit, the Lawrence Eagle Tribune reports._45565309_tv005148585 Continue Reading

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How Can I Get a Larceny Case Dismissed?

Larceny cases fall into two general categories in Massachusetts. Larceny under two hundred fifty dollars is a misdemeanor. Larceny over two hundred fifty dollars is a felony. The former is punishable by up to one year in the county house of corrections and the latter by up to five years in state prison. The felony version of larceny is often charged in district courts in Massachusetts meaning that the prosecution is not seeking a state prison sentence. When larceny cases involve disputes over money the person accused is often surprised at how the matter can be charged criminally. In this situation people call will me and ask “how can I get a larceny case dismissed?”.  This article examines one of these cases. Continue Reading

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Distracted Driving Charge

Under Massachusetts law, a “distracted driving” charge is a serious offense than can bring severe fines, penalties, and even result in a charge of manslaughter if the accident resulted in injury or death. For this reason, it is crucial to understand the state’s definition of “distracted driving” and the potential repercussions if you are charged with the offense. Continue Reading

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Selling Heroin

During the course of an unrelated investigation police in Methuen, Massachusetts saw Jose Quesada get into a car bearing New Hampshire license plates. The officers followed the car and learned that the driver, a Salem man had a suspended license. The officers made an inquiry and found the driver in possession of heroin. He was charged with heroin possession and a motor vehicle crime. Meanwhile, the man admitted that he purchased the drugs from Quesada. Quesada was arrested and charged with selling heroin and possession of heroin. The case in pending in the Lawrence District Court. Continue Reading

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Drug Trafficking

Police in Boston and surrounding areas are cracking down on drug trafficking and have made a number of recent arrests for possession and trafficking of heroin and cocaine. The penalties of a drug trafficking charge are far more severe than possession alone. Continue Reading

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False Allegations of Domestic Assault

Domestic assault can be a sensitive topic for many different reasons. On the one hand, when domestic assault allegations are true, it means that one family or household member has suffered an assault at the hands of someone else in the family or household. On the other hand, when false allegations of domestic assault are made, it means that someone is lying about being the victim of domestic assault for strategic legal gains. Continue Reading

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Defense Against a Domestic Assault Allegation

Unfortunately, many domestic violence cases turn into a “he said/she said” scenario. When a lack of reliable evidence is present, justice is left at the door. But it doesn’t have to be. If you have been falsely accused of domestic assault, you can protect yourself by taking thorough and accurate pictures of the incident and injuries you received. This will help mount your defense against a domestic assault allegation.  Continue Reading