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Probation Violation

In Massachusetts, probation violation hearings differ significantly from trials and some other proceedings in criminal cases. The Supreme Judicial Court made clear in Commonwealth v. Durling, 407 Mass. 108 (1990) that probation violation proceedings do not afford to the defendant the same protections as one gets at trial. One thing that was unclear until recently was whether or not a probationer has the right to confrontation at a probation violation hearing. Following the decision in a recent SJC case, Commonwealth v. Hartfield, the answer is seeming yes. The facts of that case and its holding are explored below. Continue Reading

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Drunk Drivers

When many people think about drunk driving accidents, they first think of a drunk drivers crashing into someone else on the road. When people think about vehicular manslaughter, they usually think about pedestrians or bicyclists that have been hit by a car, or a drunk driver hitting victims in another vehicle. But there are often victims in the vehicle along with the drunk driver who suffer injuries and are sometimes even killed as a result of an accident. This means that a drunk driver could be charged with vehicular manslaughter in addition to drunk driving charges if they accidentally kill a passenger in their own vehicle in an accident. Continue Reading

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Kidnapping Charges

Kidnapping is a serious crime in Massachusetts. It is considered a violent crime and is thus a felony charge. Criminal defendants who are facing kidnapping charges are at risk of jail time, loss of their freedom, and long-term impacts on their life if they are convicted. That is why it is so important to work closely with a skilled kidnapping criminal defense lawyer to develop your strongest possible defense strategy, and to try and reduce the charges as best as possible in light of your specific circumstances. It is important that you receive fair treatment under the law, and Our Attorney can help you.  Continue Reading

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Heroin Trafficking Lawrence Massachusetts

Heroin Trafficking

Late last week I got a call from a new client greatly concerned because he had just been arrested and charged with heroin trafficking in Lawrence, Massachusetts. The man was at an apartment in Lawrence apparently looking for some heroin to satisfy his habit. Several other customers were there as well. While buying a small quantity of the drug several law enforcement officials entered the home pursuant to a search warrant. A search revealed in excess of two hundred grams of heroin, an amount consistent with trafficking. Everyone present was arrested and charged with trafficking heroin. Continue Reading

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Breathalyzer Test

When a driver is pulled over or stopped by law enforcement and asked to submit to a breathalyzer test, the driver has a right to refuse a breathalyzer test. Many drivers do not refuse to submit to a breathalyzer test either because they do not know that they can refuse, they are scared of the consequences, or they are too intoxicated at the time to exercise good judgement. The problem with submitting to the test is that under Massachusetts law, if a driver suspected of driving under the influence blows a blood alcohol content higher than 0.08, the driver is considered per se intoxicated and can be convicted of DUI on the breathalyzer results alone. Law enforcement do not advise suspected drunk drivers of the consequences of failing a breathalyzer test. Continue Reading

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Drug Chemist's Misconduct

Drug Chemist’s Misconduct

Within the past few months, Massachusetts drug testing labs have been under fire for two separate instances in which chemists working for the state engaged in misconduct that potentially could have an impact on thousands of drug convictions. Both Annie Dookhan and Sonja Farak were chemists at state run drug sample testing labs who engaged in behavior that produced inaccurate test results. The drug chemist’s misconduct has been greatly scrutinized for months now.  Continue Reading

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Domestic Assault and Battery

Over the years I have defended scores of people falsely accused of domestic assault and battery in Massachusetts. Many of these claims were made to gain an advantage in a collateral legal proceeding such as a divorce or a child custody dispute. Other times the claims originated when a scorned partner wanted to exact revenge on his or her significant other. Recently I have seen another trend. People living in this country illegally are abusing a policy of refusing to deport victims of domestic assault and battery. From a criminal defense perspective these cases are extremely difficult to defend. This post examines one such scenario and potential defenses to alleged violations of G.L. c. 265 Section 13M. Continue Reading

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Those individuals who are worried about their criminal record costing them a job opportunity can breathe a sigh of relief after the Massachusetts Probation Service revamped its criminal record sealing procedures. The process of sealing a criminal record in Massachusetts used to take months, but now can be resolved in a matter of days, according to a recent article in the Boston Globe. Workers at the Massachusetts Probation Service have reduced the backlog of cases seeking sealing and now can process an application within a few days turnaround time.

Record Sealing

Record Sealing

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Disorderly Conduct

In Massachusetts, disorderly conduct charges are a serious criminal law matter that should never be taken lightly. Many people find themselves facing charges like these when they act out in public, engage in a fight, or annoy or taunt the police. Being convicted of a disorderly conduct charge can result in a criminal record, which can cause you difficulties when you try to apply for certain jobs, apply for green cards and other immigration documentation, or when you apply to schools and other educational programs. If you are facing these charges in Massachusetts, you should have an experienced criminal defense lawyer aggressively fight the charges against you. Continue Reading

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Destruction of Evidence in Criminal Cases

For nearly three decades I have been defending people accused of committing crimes. I have spent thousands of hours in courtrooms arguing on behalf of my clients and listening to hundreds of criminal defense attorneys fighting for their clients. One of the more common motions filed and argued in criminal cases is a motion for the preservation of evidence. Judges typically allow these motions and direct the district attorney to reach out to the person or entity in possession of the evidence to make sure they don’t dispose of the item. Unfortunately, all too often the evidence gets destroyed. Destruction of evidence in criminal cases is usually deemed “inadvertent”. There is rarely a consequence to the prosecution. Perhaps now that is changing. Continue Reading