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You Need a Lawyer for a Restraining Order Hearing

Criminal defense lawyers in Massachusetts spend lots of time sitting in courtrooms waiting for their client’s cases to be called. The time is often occupied by conferencing cases with the assigned district attorney, reading the advance sheets and chatting with colleagues. Somedays, like today, I find myself watching and listening to the cases that are being heard before mine. One of these cases reinforced my strong belief that you need a lawyer for a restraining order hearing. Here is why. Continue Reading

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Statute of Limitations

As a general rule, whenever a criminal charge is brought against a defendant, the charge is subject to a statute of limitations. A statute of limitations is a period of time that is provided by law in which the charge for a particular crime must be brought against the defendant, or else foregone. When charges are not brought within the designated time period, the charges are barred. It makes good sense and good public policy to require prosecutors to bring a case in a timely fashion, so that evidence such as DNA or fingerprints is still available, witnesses’ memories are still fresh, and defendants are not unfairly or unreasonably years and years after the alleged crime took place. Continue Reading

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Diversion Instead of Prosecution of Drug Possession

At least one Massachusetts district attorney seems to understand that not everyone who possesses drugs or commits crimes as a result of drug addiction needs to be prosecuted and treated like a criminal. The Essex County District Attorney’s Office frequently utilizes a decade old treatment program to educate, rehabilitate and forgive select offenders rather than forcing them to defend criminal charges. In that county, diversion instead of prosecution of drug possession charges is the preferred course of action for select crimes. Aspects of the program from a criminal defense perspective are discussed in this article. Continue Reading

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What is Entrapment?

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Entrapment Defense

Entrapment is a defense that can be raised in criminal cases where a criminal defendant was persuaded by law enforcement officers to commit the crime he or she is charged with. In order for an entrapment defense to work, the defendant must not have had any previous intention or be predisposed to commit the crime, and must only have done so at the encouragement of law enforcement or some other government officer (local or state police, undercover agents, federal agents, etc.). Continue Reading

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You Need a Lawyer for a Drug Possession Case

Drug possession is one of the most common criminal charges in Massachusetts. Thousands of arrests are made throughout the state yearly for possession of controlled substances. Unfortunately many people are now aware of the consequences of a conviction for this offense. They think that walking out of the courthouse is a win and that they are free and clear. Young people, in particular college students try to handle these cases themselves simply to avoid having their parents find out that they have been charged with a crime. This post examines some of the consequences of having a drug conviction and the likely outcome of these cases if you are properly represented. The bottom line is that you need a lawyer for a drug possession case. Continue Reading

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Massachusetts Motor Vehicle Violation

Some people have to be able to drive in order to do their job, and things can get difficult for them if they find themselves charged with a violation of the law that could lead to the loss of their driving privileges. This is particularly a problem for drivers who have a Commercial Driver’s License (CDL) that allows them to operate commercial motor vehicles. There can be significant consequences to Massachusetts motor vehicle violations.  Continue Reading

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Vandalism and Malicious Destruction to Property

Halloween is traditionally a time when young people exercise poor judgement and commit acts of vandalism and malicious destruction of property. Some do it as a prank or a joke, others do it with malicious intent. This year, two teens from Burlington were arrested for acts of vandalism to a mosque early in the morning hours after Halloween, according to a Boston Globe news report.   Continue Reading

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Backpage, Prostitution and Sex For a Fee

Backpage.com is perhaps the most utilized medium for soliciting sex for a fee in Massachusetts. The website is easy to navigate and saturated with adult sexual opportunity. Just look at today’s edition. Under the “adult” section the top bulleted reference is “escorts”. Underneath this is “body rubs”. The list goes on. When you enter the page there are literally hundreds of advertisements and pictures offering sexual services. Backpage, prostitution and sex for a fee are nowadays synonymous in the Commonwealth. Hundreds of men and women are arrested as a result of activities solicited from this website regularly. This post examines the many ways using backpage.com for sexual services can get you in serious trouble. Continue Reading

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Heat of Passion

Consider the following hypothetical scenario: A jealous man comes home from a business trip early and finds his wife in bed with someone else. Gripped by betrayal and rage, the jealous man attacks the other man, beating him severely. The jealous husband does considerably more harm to the other man than is reasonable in this situation. The wife, in a panic, calls the police. Once the police arrive, the jealous husband is arrested, the other man is hospitalized, and the wife is left shaken and scared. Continue Reading

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During the course of my career as a criminal defense attorney I have seen an increasing number of parents being charged for using force to discipline their children. The degree of force has ranged from a benign “grabbing” to more significant striking. Usually, these criminal charges were deemed indefensible in the sense that using any force for the purpose of discipline against a child would not be accepted as a defense in court. Thus, these cases were resolved by pretrial probation or continuances without a finding when in fact there should have been legal mechanism available for defending these allegations. Recently, the parental privilege defense was examined and approved in the Commonwealth.Punishment_of_the_Paddle,_1912 Continue Reading