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Fighting Constitutional Rights Violations

Fighting Cops Who Violate Your Rights

Every criminal defense lawyer I know has tons of stories about how client’s constitutional rights were violated. Some involve motor vehicle stops for no reason. Others involve searches without warrants. Sometimes people are compelled or tricked into talking to the cops. The good news is that a significant number of these cases result in suppression of the fruits of the constitutional violation. That usually ends up in a dismissal of the case or a substantial reduction in the charges. Believe it or not, oftentimes when cops violate the law they just helped you win your case. So I remind my clients that when cops violate your constitutional rights don’t panic. They just might have helped you win your case. This article looks at a couple of examples of cases I won where cops violated people’s rights. Continue Reading

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Today’s Lawrence Eagle Tribune reports that Anita Allen, a Haverhill, Massachusetts woman has been arrested and charged with federal wire fraud charges in the Massachusetts Federal District Court. Allen was an accounts payable specialist for a local IT staffing company. She allegedly moved money between Internet based accounts and funneled the money into her own personal account. Allen’s expertise in accounting enabled her to doctor the various books she was maintaining at work and helped her to steal about one million dollars. The statute under which Allen has been charged is examined below.

Federal Wire Fraud Defense Massachusetts

Federal Wire Fraud Defense Massachusetts

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The large majority of people arrested or summonsed in Massachusetts and charged with a crime are going to get arraigned. At this stage of criminal proceedings it makes no difference to most Massachusetts judges whether or not the person is innocent or guilty. As a matter of fact, this makes no difference to most district attorneys either. In truth however it should. Anyone who gets arraigned in Massachusetts gets a PCF number. PCF stands for Probation Central File. A PCF number will follow you forever regardless of conviction, dismissal or acquittal. If you can, you want to avoid being arraigned. Usually the only way to do so is through a pre-arraignment criminal defense investigation. This article discusses some steps that can be taken towards accomplishing this goal.Criminal Defense Investigation Continue Reading

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You always hear about people going to New York City to buy pocketbooks, glasses, handbags, shoes and more from street vendors. They talk tongue and cheek about the great deals they are getting. These people know they are not getting the real thing. They go for the experience of “shopping” in New York and having some fun for a couple of days. But did you know you can do the same thing in Lawrence, Massachusetts? Well, just a couple of weeks ago forty two people were arrested in Lawrence and charged with selling counterfeit goods. All of them were arraigned and now await a pretrial hearing in June and July.

Defending Selling Counterfeit Goods

Defending Selling Counterfeit Goods

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What is Domestic Assault and Battery?

Assault is the threat of violence, and battery involves unlawful physical violence or intentional touching of another person that was nonconsensual. When assault and battery occurs in the home or in a domestic situation between those in a familial relationship, it is referred to as domestic assault and battery in Massachusetts. Domestic disputes can and often do arise between significant others, family members and those who live together. There does not have to by any physical injury for a charge of assault and battery to be lodged against another person. Continue Reading

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Gun possession lawyer in Massachusetts

Gun Possession Defense

Anytime someone makes threats with a firearm in Massachusetts the district attorney will charge that person with everything under the sun. Take for instance the case of a Haverhill man who Monday afternoon got into an argument with a couple of people. As the dispute heightened the man, Eliezer Cruz brandished a firearm and fired a couple of shots into the air. He fled the scene only to be apprehended later that day by local police. Cruz has been charged with several gun and firearm related charges examined below.  Continue Reading

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Very few criminal acts are considered more hideous than rape. This crime is commonly defined as non-consensual forcible sexual intercourse. The element of force is required in every rape case. Force must be proved beyond a reasonable doubt. However, there is no requirement that the district attorney prosecuting one of these cases show that the complainant was beaten or held down. There is no requirement for the district attorney to show actual force in the commission of this act. The force necessary to prove a rape need not be physical. Constructive force satisfies the prosecutor’s if proven beyond a reasonable doubt. This post discusses a common defense to some rape cases focusing on the issue of consent.

Duke Lacrosse Prosecutor

Duke Lacrosse Prosecutor

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Massachusetts General Laws Chapter 218 §35A provides a mechanism through which people can apply for criminal complaints. The process is simple. Go down to the district court clerk’s office, ask for an application for a complaint and fill it out. If the complaint is for a misdemeanor, and in some instances a felony, the clerk issues a notice to the accused for a clerk magistrate hearing. At that proceeding the clerk magistrate hears evidence and makes a determination as to whether or not probable cause exists. If it does, a complaint can issue. Sometimes, people wrongly accused of a crime such as an assault and battery, use this process as a defense. The cross-allegation is commonly referred to a cross complaint. This post looks at how cross complaints work in Massachusetts. Clerk Magistrate Hearing Continue Reading

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One of the things Massachusetts criminal defense attorneys have to consider when doing an arraignment is the potential issue of bail. Many prosecutors know very little about the cases their cases at the arraignment stage; particularly in the district courts. They arrive at work just before 9:00 a.m. and receive a stack of files. They review the police reports, often superficially, and look at the criminal record of the accused. Then, often without any investigation or contact with the alleged victim they request bail. Judges in the district courts, often fearful of bad publicity, set a bail. If the defendant has no immediate access to that amount of money, or will not ever be able to post that amount of bail they will ask their lawyer: How can I get my bail reduced? Here is the process and a recent case showing that all is not hopeless. Boston Bail Review Lawyer Continue Reading

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Sometimes people make mistakes and don’t exercise their best judgment when it comes to drinking and driving. That seems to be the case for Massachusetts State Trooper, Dale Jenkins III, who is the subject of a recent article in the Lawrence Eagle Tribune. Jenkins, of North Andover, has a 14-year history of service with the state police, in addition to belonging to a family legacy of law enforcement officials; Jenkins is the third generation in his family to serve in law enforcement in the state of Massachusetts. However, according to the Tribune, Jenkins was admitted to the emergency room at Lawrence General Hospital after being involved in a car accident, but refused to provide the medical staff with samples of his blood and urine for testing purposes, which fueled accusations by the state prosecutor during Jenkins’ arraignment hearing that the trooper was intoxicated at the time of the accident.

Massachusetts Drunk Driving Defense Continue Reading