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DNA Evidence

By now everybody has heard stories about how DNA evidence linked someone to a crime or, alternatively helped someone win a criminal trial. Not everyone however is aware that it is never too late to use DNA evidence to prove your innocence and right a wrong. Just today, a case decided by the Massachusetts Supreme Judicial Court awarded a man who was convicted in 2003 of rape a new trial. This post discusses that case, Commonwealth v. Cameron, SJC-11835, and how DNA evidence is giving the accused another shot at freedom. Continue Reading

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Controlled Substances

The Boston Globe recently reported a story about a settlement that Massachusetts General Hospital will pay to the federal government after allegations that the hospital’s lax internal controls over employee access to controlled substances resulted in the theft of thousands of prescription pain medication pills. Drug diversion, which is the use of controlled substances for nonmedical purposes, was alleged against the hospital after it was discovered that a handful of nurse employees were stealing oxycodone and other painkillers over a period of three and a half years, spanning from October of 2011 until April of 2015. Continue Reading

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258E Harassment Prevention Order

To adequately show “harassment” to obtain a 258E harassment prevention order someone must convince a judge that the defendant has committed a minimum of three acts of “willful and malicious conduct” directed at someone “with the intent to cause fear, intimidation, abuse, damage to property” and that those acts do “in fact cause fear, intimidation, abuse to property”. Initially, the plaintiff will file a complaint for protection from harassment in the district court where he or she lives. A judge will review the papers and determine whether the order should issue temporarily or if a two party hearing should be held. Continue Reading

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Convicted Drug Offenders

The Massachusetts Senate recently unanimously approved a bill that is geared towards allowing convicted drug offenders to keep their driver’s licenses. The push behind the new bill is to address the issue of how difficult it is for convicted drug offenders to get a job with a criminal record, let alone how difficult it is to get to work without a driver’s license. This tough-on-crime approach is outdated and makes things considerably more difficult for those who have drug convictions. A recent blog post concerning the current state of the law can be found here.  Continue Reading

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Dangerousness Hearings in Massachusetts

In today’s world of cable television, the Internet and social media prosecutors are often afraid of making reasonable bail arguments at criminal arraignments. They take a look at the charges, scan the police report and in an abundance of caution they move for detention under the Massachusetts dangerousness statute. Judges usually detain the accused for a short period of time, two to three days being the norm. This period of incarceration is naturally inconvenient at a minimum. However, it affords your lawyer time to effectively work towards your release and better prepare your defense. Dangerousness hearings in Massachusetts can prove beneficial to the ultimate result in your case. Continue Reading

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Sexual assault allegations are common on college campuses throughout the country. Usually a male student is accused of committing some sort of illegal act on a female student. As a matter of fact, in nearly thirty years of practice I have never had a woman charged with rape on a college campus. In most campus rape cases the reporting of the crime is delayed. Rarely do the campus or local police receive a complaint and make an immediate arrest. Instead, some sort of investigation begins. This is where college students accused of rape make their biggest mistake. They talk to the police and inadvertently confess to the crime. This post talks about some steps you can take to protect yourself if you are being investigated for a sex offense at your school.1338267538T9pvfs Continue Reading

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Drugs Found in Hidden Compartment

It is very common for me to represent someone pulled over for a motor vehicle infraction and ultimately charged with drug trafficking. I am convinced that most of these cases originate from a hunch; i.e. person of color driving a car in a predominantly white neighborhood. Or, they are Hispanic and Black people stopped at the Massachusetts border simply because they are of color. The scenario is similar. Pull them over and start searching the car without probable cause. A repetition of this pattern is bound to bear results. And guess what? On some occasions drugs are found in a hidden compartment in the car. No matter who hires me, the driver or one of the passengers, I get the same question: is this case provable? Continue Reading

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If you supply or hold guns you face serious felony charges.

An unfortunate scenario that often lands women in trouble with the law is when they unwittingly become involved in the illegal holding, supplying, or trafficking of weapons to those who are not permitted by law to have them. Many women find themselves pressured by family members, husbands, boyfriends, etc. to serve as a straw purchaser, someone who buys a gun or other weapon on behalf of someone else who is unable to purchase the gun or weapon themselves. If you supply or hold guns you face serious criminal legal problems.  Continue Reading

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Heroin and Cocaine Trafficking Defense Attorney Fighting Racial Profiling

Anyone coming into Massachusetts from the New York area and heading into eastern Massachusetts is probably going to use Route 84 with the intention of getting on the Massachusetts Turnpike. A significant number of the people using this route find themselves pulled over just after entering Massachusetts. Many of them are astounded at their introduction to this state. They get pulled over. They are asked for their license and registration. They are detained at the point of the stop of an inordinate period of time. Then, without explanation they are forced to get out of their car. They are searched. The car is searched. And, if there are illicit substances in the car or on their person they get charged. Continue Reading

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Massachusetts Drug Offense Conviction

One of the lesser known but significantly impactful consequences of a Massachusetts drug offense conviction is that you will lose your driver’s license. Under 540 CMR 20.03, the Massachusetts Registry of Motor Vehicles will suspend your driving abilities when you violate the Controlled Substance Law of the Commonwealth (M.G.L. c. 94C) or the controlled substance laws of any other state or country. Driver’s licenses can be suspended for one to five years depending on the drug conviction. Continue Reading