Under the Sixth Amendment to the United States Constitution, criminal defendants are afforded the constitutional right to legal counsel. The Right to Counsel and Effective Representation The right to counsel includes the right to the attorney of choice if the…
Read More
The Sixth Amendment and the Right to a Jury Trial The Sixth Amendment to the United States Constitution provides that a criminal defendant has the right to a trial by jury. In Massachusetts, this right may be waived by the…
Read More
When a vehicle is stopped by police for an observed traffic violation in Massachusetts, the officer may ask the driver and/or passengers to step out from the vehicle. This is known as an exit order. Under federal law, police may…
Read More
When trying to identify a crime suspect, police may conduct out-of-court identification procedures such as lineups, face-to-face identifications, or photo arrays. The photo array identification procedure is where a law enforcement officer attempts to identify a suspect by displaying a…
Read More
In criminal law, knowledge is an important legal element required to prove that someone has knowingly received stolen property. In order order to be found guilty of the crime, receiving stolen property, the following legal elements must be established…
Read More
Equal protection under the law for minorities and other protected classes of persons has been an ongoing legal issue for centuries. All too frequently, the prohibition against facially discriminatory laws and criminal procedures has been inadequate to address racism and…
Read More
When a person faces an emergency situation, or believes a crime is being committed, one of the most common things to do is to dial 9-1-1. 9-1-1 is an emergency telephone system that exists all throughout the United States, and…
Read More
At the time of a defendant’s initial appearance before the court, otherwise known as an arraignment, a criminal defendant may be ordered held without bail on grounds of dangerousness pursuant to M.G.L. c. 276, § 58A. This is prompted by…
Read More
On April 3, 2020, the Massachusetts Supreme Judicial Court (SJC) issued a decision addressing the rising concerns of COVID-19 (hereinafter “the virus”) and its effect on individuals who are incarcerated in the Commonwealth. The virus has created enormous challenges for…
Read More
Entering into a guilty plea The first goal of a criminal defense attorney should be to figure out a way to get a case dismissed. If unable to accomplish this task and the case does not present a good chance…
Read More