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…
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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…
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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…
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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…
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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…
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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…
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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…
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Under Massachusetts Criminal Law, a Continuance Without a Finding, or a CWOF as it’s known, is a form of pretrial disposition that is short of pleading guilty, but involves an admission to sufficient facts to support a finding of guilty. …
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Those charged with a crime in Massachusetts face the possibility of fines, probation, or imprisonment, or a combination of each. However, in certain instances, a case can be disposed of with pre-trial diversion. Those who are eligible for pre-trial diversion…
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