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Massachusetts Rule of Criminal Procedure 14 mandates that the district attorney surrender to the defense virtually everything in its custody or control that is at all relevant to the case. The rule lays out some specific items that fall within its purview however case law is clear that the list is not exhaustive. The list includes statements made by the accused whether or not those statements were recorded. Grand jury minutes and statements of witnesses must be provided. A list of civilian witnesses, law enforcement personnel and expert witnesses must be surrendered. All documents generated and evidence obtained must be given to the defense in a timely manner. Identification procedures must be disclosed. All promises or inducements made to witnesses need to be articulated to the defense as well. Finally, there is a catchall phrase that “any facts of an exculpatory nature” have to be turned over. When prosecutors fail to turn over discovery in criminal cases there can be consequences, some of which are explored below.6a00d834516a0869e20162fdcdd6cb970d-800wi Continue Reading

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One of the more highly profiled criminal defenses, especially in cases involving murder or attempted murder, is insanity, meaning that the defendant was insane at the time of the crime. This criminal defense strategy is often popularized in movies and by the media and often brings a touch of drama to the courtroom when presented as a viable criminal defense. When facing an insanity defense, juries are disinclined to find for a defendant asserting an insanity defense. Presumably this is because it is very hard to imagine someone committing the alleged crime, especially if it is heinous or shocks the conscious, and not being aware that the crime being committed is wrong.

Insanity Defense

Insanity Defense

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Perhaps the most common complaint I get from clients about police officers involves stops, searches and seizures for apparently no reason. The client will tell me that he wasn’t doing anything and that the cops searched him anyway. Or someone might say that he was pulled over, removed from his car and that he and the car were searched. Now keep in mind none of these people would need my services unless the police found something during the illegal search that suggested a crime was committed. So the next question I get asked is “how can I prove that the police searched me for no reason?”. This article examines what criminal defense lawyers can do in these situations.

Massachusetts Search and Seizure Lawyer

Massachusetts Search and Seizure Lawyer

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Mistaken identity is one of the leading causes of wrongful conviction. Mistaken identity is a criminal defense that is raised by a defendant that asserts that a witness, usually an eyewitness, is mistaken in his or her memory that the defendant is the perpetrator of a crime. While the witness may claim to have seen or heard the accused commit the crime, the witness is actually mistaken and the defendant is not the individual that perpetrated the crime.

Mistaken Identity

Mistaken Identity

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When accused of a crime, there are a number of defenses that can be raised by the accused/defendant. One of the most commonly raised defenses used when charged with assault and battery, and even murder, is the act of self defense. Self defense is a criminal defense that can justify a defendant’s use of force or a weapon against another person.

Self Defense

Common Criminal Defenses

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Not everyone who gets charged with a crime in Massachusetts was present at the time the crime was committed. There can be any number of reasons why this happens. Sometimes witnesses or the police are given the wrong name at the time the case is reported. This can be deliberate or simply a mistake. Other times people are charged because they own some property that is connected to the crime. For instance, owners or lessees of property can be charged with drug trafficking if their home was searched and drugs were found…even if they were not home at the time of the search. Similarly, the owner of a car might be charged with a crime in which the car was involved such as leaving the scene, hit and run or operating recklessly or to endanger…even if no one saw the car owner actually driving the vehicle. Under these circumstances and others I have had clients come into my office and ask “how can I be charged with a crime if I was somewhere else at the time”. This post offers some thoughts on this issue and how to avoid getting convicted.

Charged With a Crime and not at the Scene

Charged With a Crime and not at the Scene

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Anyone can be arrested for driving under the influence of alcohol. A glass of wine at happy hour can subject you to stiff fines and penalties once you get behind the wheel. Being arrested does not make you a bad person, but merely shows the lapse in judgment you may have made.

Recently, Olympic gold medalist Michael Phelps got another drunk driving arrest. Law enforcement officials claim Phelps was speeding when they pulled him over and failed a series of field sobriety tests. Phelps was charged with a DUI, excessive speeding, and for making illegal lane changes. Phelps immediately acknowledged the arrest and issued a statement apologizing for his conduct. He made a lapse in judgment and is now suffering the consequences.

Drunk Driving Arrest

Drunk Driving Arrest

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Yesterday the father of a teenager accused of kidnapping, rape and other Massachusetts sex crimes was indicted for misleading a police investigation. Authorities alleged that the police requested Matthew Cyckowski surrender his son’s cell phone. Cyckowski provided his own instead. The crime proscribed by Massachusetts General Laws Chapter 268 Section 13B(1)(b)(iii) which provides in relevant part that anyone who misleads a police officer with the intent to obstruct that investigation is guilty of a felony and can be punished by up to ten years in prison. This post discusses this portion of that statute and concerns that may confront parents in similar cases.Scales_of_Justice Continue Reading

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Many people who are charged with gun possession crimes are not career criminals. Instead, they were in the wrong place at the wrong time or lacked understanding in complicated state firearm legislation. Consequences for weapons violations can be costly, both professionally and personally, but they can be avoided when armed with the right information, advice and representation by a Massachusetts gun violations attorney.

In the State of Massachusetts, a firearm identification card, or FID, is required to purchase or carry a weapon, as defined and specified by Massachusetts general law. A Class A FID permits the owner to carry a gun open or concealed, while a Class B license only permits open carry. Penalties for a violation conviction start at a mandatory one-year jail sentence and become increasingly severe if the weapon was in possession at the time of another crime, even if the crime was non-violent and did not involve a weapon.  Such a conviction can also lead to the revoking of any weapons license.  Also, despite the possession of an FID card, it is illegal to carry a weapon if the person is under the influence of drugs or alcohol, on school grounds, or in a secure area of the airport.

Massachusetts Gun Violations Attorney

Massachusetts Gun Violations Attorney

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Should criminal accusations regarding domestic assault and battery subject someone to losing their job? No! Mere accusations of criminal activity does not constitute guilt. So what is behind the public outcry demanding the automatic suspension of football players accused of domestic assault and battery? Obviously not due process.

Due process is a fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one’s life, liberty, or property. Also, a constitutional guarantee that a law shall not be unreasonable, arbitrary, or capricious.

Domestic Assault & Battery Defense

Domestic Assault & Battery Defense

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