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Criminal defense lawyers love trying cases to a jury. The process evokes the inherent competitiveness that got us into this business in the first place. We can’t wait to give an opening statement, cross-examine witnesses, make objections and put our own evidence before the jury. Naturally, closing arguments are exciting particularly when the trial evidence has set the stage for a compelling argument to the jury advocating the acquittal of the accused. In the excitement of getting started however many lawyers forget to discuss with their clients the possible composition of the jury. This post discusses who might be on your jury in Massachusetts.Jury.Box_ Continue Reading

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The Lawrence Eagle Tribune reports that police in Haverhill are seeking the help of the public in identifying two suspects who allegedly robbed an unarmed pedestrian at gunpoint. The victim, a 34-year-old man, was robbed of $80 dollars in cash, his credit cards and some other personal papers shortly after 5:00pm on a Monday while walking along Chick Avenue in the Mount Washington area. One of the suspects is described as a young adult, with a distinctive teardrop tattoo under his left eye, while the other suspect, the one who held the gun, is described as having a reddish-brown beard. Both men are over six feet tall. Police are asking that anyone with information about the suspects or the robbery to contact them immediately. Massachusetts Armed Robbery Defense Attorney Continue Reading

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Today’s Lowell Sun reports that a Dracut, Massachusetts man has been held pursuant to Massachusetts General Laws Chapter 276 Section 58A at least until a judge can hear the prosecution’s petition for detention on dangerousness grounds. The forty five year old man allegedly assaulted a woman with a handgun. She called the police. Officers responded, searched the home and found a loaded gun. The man has been charged with assault and battery with a dangerous weapon and possession of drugs that were found in his possession. Massachusetts Assault Defense Continue Reading

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More and more we are seeing searches and arrests made in Massachusetts that stem from the use of drug sniffing dogs. Take for the example the case of Johnny V. Nunez, a Boston man arrested last night for trafficking heroin. Nunez was stopped on Route 93 for routine motor vehicle violations. Drug paraphernalia was found in his car prompting the trooper to call for a K9 unit. The dog arrived, “hit” on the car and an ultimate search revealed the presence of more than a kilo of heroin. None of this would have occurred without the use of the drug sniffing dog. This post focuses on the legality of using drug-sniffing dogs in Massachusetts as discussed in Commonwealth v. Feyenord, 445 Mass. 72 (2005).  Continue Reading

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I cannot even begin to count the number of times a week people call my office and ask what they should do because they think the cops are looking for them. The answer depends on what happened and why the client thinks he or she is wanted. For instance, yesterday someone called me concerned because police outside of an infamous massage parlor spotted his car and left a message for him to call them. Last week another man called me after the police went to his house and talked to his wife about a hit and run accident involving his car. Today, someone called my because he heard that there might be a warrant for his arrest out of a particular town and he wanted to know what to do. This post discusses some thoughts I have what to do in Massachusetts if you think the police are looking for you.warrants Continue Reading

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Recently, police officers in Massachusetts have been building drug investigations based on leads from “concerned citizens”. These leads come in the form of formal complaints or tips. Some are anonymous. Sometimes the individual making the complaint is identified. Today, a local newspaper reported on one of these investigations taking place in Danvers shopping centers and malls. Apparently local citizens, possibly merchants had grown concerned about what they believed to be drug transactions in their parking lots. A local drug task force followed up on the leads. As a result, two Boston men were arrested for selling cocaine and charged with trafficking in the Salem District Court.Defending Trafficking Cases in Massachusetts Continue Reading

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Many Massachusetts attorneys that practice post-conviction litigation have been reviewing cases relative to the viability of raising the issue that a defendant was deprived of his Sixth Amendment right to s public trial—even during jury empanelment when spectators were excluded from the courtroom. Within the past few years it was discovered that many Superior Court Houses—particularly in Plymouth and Middlesex County—routinely prevented spectators from entering the courtroom during jury empanelment.  The justification was often that the courtrooms were small and that there was simply not enough room to accommodate the venire and the spectators.  Massachusetts Criminal Appeals Lawyer Continue Reading

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21 United States Code Section 331(c) makes it a crime for anyone to receive in interstate commerce a cosmetic that is misbranded. This is a crime that is rarely seen prosecuted in this area. Unfortunately Rossi Tavarez, a thirty seven year old Dorchester, Massachusetts woman is facing federal criminal charges for allegedly violating this law. According to reports, back in 2011 Tavarez was offering lip and buttocks augmentation through injections for a fee of seven hundred dollars per injection. She used a substance that was labeled for external use. The actual product was something not identified on the label. It was in fact a silicone-based product that could create the cosmetic enhancements desired.Massachusetts Federal Crimes Defense Continue Reading

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Drug Distribution Defense in Massachusetts

Drug Distribution Defense in Massachusetts

Controlled substances are drugs or prescription medications that can be so dangerous when consumed that their distributions is regulated. Controlled substances can include prescription medications such as oxycontin, as well as illegal drugs, including marijuana, heroin, cocaine  and other narcotic agents. In Massachusetts, no one is permitted to be in possession of a controlled substance, unless he or she obtains the substance from a professional with the authority to administer, or prescribe, such a substance. The only exception to this is that it is not a criminal violation to be in possession of an ounce or less of marijuana.

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As a Massachusetts criminal defense lawyer I learn something new about laws every day. This is in part because criminal law constantly evolves. It is also due to the fact that not all laws are defined in black and white terms. When Massachusetts laws are vague advocating a particular position might involve comparing our laws to the laws of other states. So, a few days ago a perspective client came into my office to discuss a problem he has relative to having sex with a prostitute. While looking into some interesting legal defenses to his case I stumble upon articles about the state of Hawaii modifying laws to preclude cops from having sex with prostitutes. It came as a surprise to me to learn that at least until now, it was okay for the police to engage in sex with prostitutes and pimps as part of their investigative function. Upon reflection maybe I shouldn’t have been. Sex with prostitutes legal Continue Reading