The Fourth Amendment of the Constitution of the United States limits the power of the police to make arrests and conduct searches on individuals and their property. To honor the privacy of the individual, searches and seizures are considered to be unlawful and are dismissible in a court of law if they are deemed unreasonable. However, there are certain exceptions within the 4th amendment that allow for searches and seizures to take place.
Illegal Search and Seizures
Most criminal cases in Massachusetts are resolved without the need to go to trial. Cases get dismissed, evidence gets suppressed, people get pretrial probation and some people plead guilty to their criminal charges. The majority of cases resolved in the Massachusetts district courts are continued without a finding. In essence that means that the accused admits to sufficient facts, or pleads guilty to those facts that support the underlying criminal offense. The judge refuses to accept the admission or plea. Instead, the case gets continued for a period of time during which you are, for all practical purposes on probation. If you successfully complete the probation the case gets dismissed. At that point you can swear on job applications or elsewhere, and under the pains and penalties of perjury, that you have no criminal record. For most people this is a great result. For others it can be a disaster. This post addresses the question “will a continuance without a finding (cwof) affect a professional license?
Massachusetts Criminal Defense Attorney: Continuance Without a Finding
Being charged with a DUI in Massachusetts can be a traumatic experience and could happen to just about anyone. After facing charges, you might wonder if you should contact a drunk-driving attorney. You may also be curious about how you will be prosecuted and what consequences you will face, both personally and professionally. Read on to learn more about what you should do when facing a drunk-driving charge.
Massachusetts Criminal Lawyer Defending People Charged With a DUI
If you have been served with a Restraining Order, or Order of Protection, you should take immediate action to consult with an experienced Massachusetts restraining order defense attorney. A competent abuse and harassment restraining orders attorney can help protect your constitutional rights and get the civil complaint asserted against you dismissed. Unfortunately, several individuals in the Boston area are wrongfully accused of committing acts of violence such as domestic assault or battery against their spouse or significant other. For example, it is not uncommon for an disgruntled spouse to make false statements of domestic violence in order to get a restraining order during divorce proceedings.
If you have been served, I invite you to contact me for a free phone consultation. to speak with me directly. I provide restraining order legal representation to residents of Lawrence, Lowell, Haverhill, Concord, Ayer and Newburyport, Massachusetts.
Read on to learn more about Chapter 209A and Chapter 258E orders.
Abuse and Harassment Restraining Order Attorneys
If you or someone you love is facing a criminal domestic assault or battery charge, it is crucial that you seek counsel to evaluate your case. Gaining the experience of a legal professional is the only way to protect yourself from an onslaught of legal ramification. Knowing your options will help you achieve the best possible outcome for your case and avoid serious long-term loss, both personally and professionally.
Massachusetts Domestic Assault and Battery Defense Attorney
Earlier today I was reading an article in the Lowell Sun about a “major” drug dealer arrested and charged with a multitude of drug and gun crimes. A suburban task force targeted a twenty-eight year old Groton man, Shane Conley, as dealing various controlled substances. Armed with a search warrant the police entered Conley’s home yesterday and found pills and marijuana. The total amount of drugs seized was insufficient to charge Conley with trafficking. Also found during the search was a sawed off .22 caliber rifle and some ammunition. Mr. Conley was charged with possession with intent to distribute Class A, Class D and Class E drugs as well as possession of a firearm. The case is currently pending in the Ayer District Court. Despite being viewed as a big case, not all major Massachusetts drug dealers will serve jail time. Perhaps the same will be true for this defendant.
Defending Accused Drug Dealers in Massachusetts
Like many other states, Massachusetts has enacted legislation to allow people who allege they are, or will be, at risk for domestic violence or harassment to obtain court orders of protection.
There are two distinct types of available orders:
Each has specific purposes, procedures, and proof requirements. These orders are granted in civil rather than criminal proceedings. The case is filed by one person against another instead of by the district attorney.
Massachusetts Abuse and Harassment Prevention Orders Lawyer
The emphatic answer to this question is YES! There are numerous substances that can cause a person to blow a false positive on a breathalyzer test. The problem is that even if you have not been drinking, and you blow a false, you will still be arrested. If you have been arrested, but are convinced that your breathalyzer test yielded a false positive, an experienced DUI criminal defense attorney will be able to help you build your case as to your innocence.
False Positive on a Breathalyzer Test
Last week employees at an Arlington, Massachusetts restaurant called police to report “suspicious behavior”. Police went to the location where they located a camera concealed in a flower basket that was photographing women using the bathroom. The police arrested Joseph Hennessey and charged him with photographing an unsuspecting person in the nude as well as disturbing the peace. This crime has more recently been referred to as upskirting. The case is now pending in the Cambridge District Court.
Massachusetts Upskirting Defense
Search Warrants Must Meet Certain Requirements
Citizens are protected from unlawful search of their homes, person, vehicles and other property unless a law enforcement officer has obtained a valid search warrant and has probable cause to conduct a search. This protection is provided under the Fourth Amendment to the United States Constitution and Article 14 of the Massachusetts Declaration of Rights. If any evidence of a crime is discovered or collected during an illegal search, it will not be admissible in court proceedings against you. Attacking search warrants can result in having your case dismissed and we have won serious drug cases and gun cases this way. This post takes a look at Massachusetts search warrants.
A Look at Massachusetts Search Warrants
Massachusetts Criminal Defense Attorney Blog
