Among the most important protections guaranteed under the U.S. Constitution is the freedom from unlawful searches and seizures. Of course, the concept of what is, or is not, an unreasonable search or seizure is subject to much interpretation. In a Cape Cod operating under the influence (or “OUI”) case, the question of whether a search […]
Articles Posted in Criminal Defense
Massachusetts Court of Appeals Affirms Firearms Conviction After Vehicle Stop
There are many instances in which life can change in a split second – a car accident, an injury at work, or, perhaps most unsettling of all, being arrested. In any of these events, it is important to talk to a lawyer as soon as possible, but this especially true in the case of being […]
U.S. Supreme Court Issues Decision that Could Affect Defendants in Cape Cod Criminal Cases
If you are facing prosecution for an alleged criminal act in Cape Cod or elsewhere in Massachusetts, it is important that you know and understand your constitutional rights. A skillful legal advocate can review the facts and ultimately have a profound impact on your Cape Cod criminal defense case. One of the rights that is […]
Massachusetts Supreme Court Vacates Criminal Conviction After “Visibly Shaken” Juror is Excused from Deliberations
One of the most fundamental rights of the defendant in a criminal case is the right to a trial by jury. A seasoned Cape Cod criminal defense attorney can help make sure that this and other important rights are protected. This is very important because a biased, prejudiced, or tainted juror can wreak havoc on […]
Massachusetts Supreme Judicial Court Grants Motion to Suppress Evidence Obtained Through Warrantless Search Based on Cell Cite Location Information
As technology evolves, so does Massachusetts criminal law. Just as those who intentionally engage in criminal activity often rely on technology such as cell phones to conduct their business, police officers and others in law enforcement increasingly rely on information obtained through technology that, just a decade or two ago, may not have even existed. […]
Warrantless Search Was Illegal, Says Massachusetts High Court
Under the 4th Amendment to the United States Constitution, police officers are required to obtain a warrant in order to execute a search and seizure of a criminal defendant’s home in most situations. Whether or not an exception exists to this general rule is a frequent issue in a Massachusetts criminal case. Facts of the […]
Massachusetts Supreme Judicial Court Says Dismissal of Prospective Juror Who Said System is Rigged Against Some Individuals Did Not Prejudice Defendant’s Rights
In addition to the effective assistance of counsel from a Massachusetts criminal defense attorney, a person who is criminally accused also has the right to a fair and impartial jury in a criminal proceeding. This sounds like an easy enough proposition, but there can be many issues that go into the determination of exactly what […]
Massachusetts High Court Says Attaching GPS Unit to Another’s Car Can Constitute Criminal Harassment
With ever-increasing technological advances, it is quite possible for someone to be accused of a crime which did not exist just a few years ago. As any Cape Cod criminal defense attorney can confirm, it is also true that there many new ways for “old” crimes to be committed. For example, the crime of criminal […]
Massachusetts Appeals Court Remands Criminal Case, Ordering Trial Court to Make Specific Finding Regarding Defendant’s Financial Ability to Make Restitution
In a Massachusetts criminal case, it is not unusual for a defendant to be ordered to pay restitution to the victim of his or her crime. If the defendant is placed on probation, timely payment of restitution may be a condition of the defendant not being incarcerated. If the defendant does not abide by the […]
Massachusetts Court of Appeals Partially Reverses Firearm Conviction
In a Cape Cod criminal case, the Commonwealth has the burden of proving the defendant guilty beyond a reasonable doubt. If police acted illegally during the arrest or investigation of the case, it may be possible to have certain evidence excluded at trial. Even if a defendant is convicted, a case may be reviewed on […]