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The duty of the office of the district attorney in Massachusetts is not only to prosecute cases but to screen criminal allegations to determine if in fact a crime was committed. Sometimes this screening process fails. Young prosecutors ignorant of the law might pursue charges that are not sustainable by the evidence. Sometimes prosecutions are initiated recklessly without consideration of the truth of the allegations. Other times prosecutions that are not supported by the evidence are brought about through vindictiveness. Fortunately there is a rule of law that might be applicable in these instances that will exonerate the defendant notwithstanding the prosecutor’s efforts. This rule permits a judge to enter a required finding of not guilty and dismiss the charges.

Lawyer Who Gets Cases Dismissed

Lawyer Who Gets Cases Dismissed

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Cocaine labs are rare in Massachusetts. By the time the drug makes it into the Commonwealth it has already been processed and often diluted with cutting agents. Large scale cocaine production efforts are typically performed in the countries where the drug originates, usually Colombia and Bolivia. Thus, we almost never see cocaine manufacturing charges here. Rather, possession, possession with intent, distribution and trafficking are the cocaine related crimes most frequently prosecuted. So it was quite surprising to pick up a newspaper and see that local police find a cocaine lab and arrest a 51 year old man.Cocaine Lab Defense Continue Reading

The drama for the Men’s World Cup has not been limited to the win and loss columns or to the untimely exit of the United States Men’s team. Soccer sensation and Uruguay’s marquee player Luis Suarez was fined $100,000.00 and banned from the sport for four months for biting the ear of Italian Defender Giorgio Chiellini. This raises an interesting issue of whether this type of conduct warrants criminal prosecution.

Assault and Battery Defense in Massachusetts

Assault and Battery Defense in Massachusetts

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Massachusetts Drug Trafficking Defense Attorney

Massachusetts Drug Trafficking Defense Attorney

Prosecutors in Massachusetts can understand that sometimes the lines between simple possession of drugs and possession with the intent to distribute drugs are blurred. Oftentimes those cases, if initially charged as “intent to distribute” cases will be reduced to simple possession. This usually occurs when the defense attorney convinces the district attorney that the defendant had a drug habit that consistent with the quantity of drugs found. Similarly, some drug trafficking cases are at times reduced to possession with intent cases when the quantity barely makes the trafficking threshold. Rarely however are trafficking cases broken down to possession cases. However, this is not necessarily always consistent with the interests. There are times when a drug trafficking charge should be reduced to a drug possession charge. Continue Reading

The Fourth of July holiday is one that is often celebrated by gatherings of friends and family members enjoying a barbeque-style meal, with lots of fireworks. The festivities are often accompanied by the consumption of alcohol. This year, Independence Day fell on a Friday – a convenient circumstance given that fireworks are often the most spectacular late at night and Fridays make for excellent party nights since many individuals do not have work on Saturday morning. Undoubtedly, there were most likely some Massachusetts drivers who didn’t exercise their best judgment this past weekend, and who drank alcohol and then proceeded to drive a vehicle.Defending Massachusetts OUI Cases Continue Reading

In previous blog posts and social media outlets I have written about the need to hire a criminal defense lawyer before charges are filed. Obviously not everybody reads my posts because I am retained on hundreds of criminal cases that might never have been filed otherwise. Once you think you might be charged with a crime it is imperative to contact an attorney. Here are some examples of cases that would never have been prosecuted had the defendant hired a lawyer prior to charges being filed.

Hire a Criminal Defense Lawyer Before Charges Are Filed

Hire a Criminal Defense Lawyer Before Charges Are Filed

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A recent article in the Lawrence Eagle Tribune discussed some charges brought against a woman who allegedly allowed her husband to abuse her children. The Essex County District Attorney filed charges against Anne Ladd after her husband Justin had been indicted on forty-one crimes including sex crimes, violent crimes, criminal civil rights violations and more. Prosecutors maintain that Justin Ladd exposed his genitals to the girls, racially disparaged them, hit them, treated them like slaves and tortured them. Anne Ladd has publicly supported her husband and claimed that her daughters have fabricated the story. The district attorney’s investigation suggests otherwise and now Ms. Ladd has been charged with several crimes including the crime of permitting assault and battery on a child. This crime is not often charged in Massachusetts and is the primary subject of this article.

Assault and Battery Defense Lawyer

Assault and Battery Defense Lawyer

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The Seattle Times reported that two time soccer Olympic gold medalist Hope Solo was recently arrested and charged with two counts of domestic assault and battery.  The alleged victims are Solo’s sister and seventeen year old nephew.

Domestic Assault and Battery Defense Lawyer

Domestic Assault and Battery Defense Lawyer

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In an effort to address college rape and sexual assault claims the California legislature is honing in on some new laws focusing on consent. The law if passed will require that on all college campuses run by the state consent must be verbalized or written and obviously given in advance of the sexual activity. Consent cannot be assumed. While the details of the law are being debated it is agreed that “lack of protest or resistance does not mean consent, nor does silent mean consent”. Reading this law makes me wonder how long it will take before Massachusetts tries to tackle this issue.Consent or Rape? Continue Reading