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How Can I Prove Someone is Lying at My Trial?

Central to almost every criminal case is the issue of credibility. The defense is almost always challenging the testimony of a police officer, an expert witness or an eye witness to a crime. Not every alleged crime is caught on tape. Sometimes the defense and the district attorney have to rely on witnesses to establish and prove their cases. One of the most common questions I get from prospective clients is how can I prove someone is lying at my trial? Continue Reading

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Criminal Accord and Satisfaction

There are a handful of minor crimes that can be dismissed at a judge’s discretion when the victim requests that the charges be dropped in Massachusetts. Specifically, certain misdemeanors, such as assault and battery and domestic dispute charges, which the defendant could also be liable for in a civil action, are eligible for what is referred to in Massachusetts as a criminal accord and satisfaction under M. G. L. Chapter 276 Section 55. An accord and satisfaction is not an admission of guilt, but rather it is a form of resolution that can get criminal charges dismissed. Continue Reading

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The Marital Privilege in Massachusetts

G.L. c. 233 Section 20 sets out the parameters of the marital privilege in Massachusetts. The law states that with limited exception no spouse will be compelled to testify against the other at trial. This does not mean that a defendant in a criminal case can prevent his or her spouse from testifying at trial. Rather, the privilege lies with the witness alone. The marital privilege is typically used in domestic assault and battery cases. In these instances, the “victim” spouse invokes the privilege in court. The victim will be questioned by the judge to determine whether the privilege is being asserted voluntarily. Once the judge recognizes the privilege that spouse is excused from having to testify at trial. Continue Reading

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Defense to DUI Charges

Every so often on the news there will be a report about a person beating drunk driving charges due to unusual medical conditions. One such condition is known as auto-brewery syndrome, where the gut holds an unusual amount of yeast, which can cause the gut to act like a fermentor. A woman in New England recently used a diagnosis of this rare medical condition as a defense to DUI charges according to an article in the ABA Journal. Continue Reading

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Hearsay in Massachusetts

You have probably heard it raised as an objection in movies or television shows, “Objection! Hearsay, Your Honor.” But what is hearsay? What does that mean? Many people think of it as “he said, she said” evidence, which is partially correct. Hearsay in Massachusetts (and for that matter everywhere) means that someone said something to someone, but the information did not come directly from the horse’s mouth, so to speak.  Continue Reading

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Attorneys Defend Rape Allegations in Massachusetts

One of the most heinous accusations you can face in the Massachusetts criminal courts is an allegation of rape. Virtually everyone who reads about or hears about a rape complaint initially believes that the accusation is true and that the accused is dangerous. Few are immune from this sentiment. Most judges, hearing about a particular allegation for the first time, are inclined to set a high bail. In addition, it is common for such order of bail, if posted, to be accompanied by a curfew, or home confinement and almost always the installation of a GPS device. So, for the defendant, perhaps in these cases more than any other, an uphill battle begins day one. This post discusses a few of the ways in which attorneys defend rape allegations in Massachusetts. Continue Reading

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Why Some Massachusetts Judges Delay Dangerousness Hearings

Massachusetts General Laws Chapter 276 Section 58A permits the district attorney to move for detention if the defendant is charged with a felony that has an element of physical force or a threat thereof to an individual. Some Massachusetts district attorneys offices have a policy requiring their assistants to move for detention under this statute for any case involving the alleged use of a firearm, domestic assault and battery or intimidation of a witness. They often do this without regard to the plausibility of the underlying allegations. Prosecutors rarely take the time to investigate the allegations before requesting detention. Instead they rely on what has become an improperly applied nuance to the law; G.L. c. 276 Section 58A(4). This post examines why some Massachusetts judges delay dangerousness hearings and what can be done to avoid unnecessary detention. Continue Reading

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A consolidated case is being heard in Concord, the Milford Daily News reports, that will determine whether the use of breathalyzer testing devices to gather proof that a driver was operating a vehicle under the influence (OUI) of alcohol is scientifically sound. The reliability of the chemical breath testing devices is in question, which has prompted the courts to put a hold on hundreds of pending OUI cases across the state until the matter of whether these testing devices produced reliable evidence of a DUI. Continue Reading

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Clerk Magistrate Hearing

Over the years I have repeated my strong belief that you need a lawyer at any criminal proceeding in Massachusetts courts. Recently this sentiment became apparent to one of my clients who questioned the need for legal representation at a clerk magistrate hearing. He really thought that he could handle a particular situation on his own and soon realized that proceeding that way would be a major mistake. This post discusses aspects of that case with an emphasis on the importance of being properly represented in a criminal court proceeding. Continue Reading

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Using Cell Phone Trackers

The recent revelation of a non-disclosure agreement signed by the Boston Police Department at the request of the FBI has raised some concerns in the criminal defense world after a public records request generated proof of Boston PD’s investigation activities. The Boston Police Department admitted publicly to entering into a non-disclosure agreement with the FBI concerning cell phone tracking technology. Cell phone tracking is a controversial investigative technique at this point in time because it is used by many law enforcement agencies, but there are privacy concerns over whether using cell phone trackers should be authorized.  Continue Reading