Cape Cod Injury Lawyer BlogIf you are like millions of other Americans, you probably have a cell phone in your hand or in your pocket right now. As any Massachusetts criminal defense attorney can tell you, there is a lot of data on your cellphone that, potentially, could be used against you in court if you are accused of […]
Articles Posted in Criminal Defense
Massachusetts Court Reviews Alleged Cross-Examination “By Innuendo” of Defendant and Others in Illegal Gun Possession Case
A person who has been accused of committing a crime has the right to remain silent. As any Cape Cod criminal defense attorney can tell you, exercising this right is vitally important. This is because, as we’ve all heard on television and in the movies, “anything you say can and will be used against you […]
Appellate Court Affirms Dismissal of Case Filed Against Massachusetts Board of Selectmen Following Speeding Ticket
There’s an expression to the effect that “you can’t fight city hall.” While this statement is not always true (after all, an assertive Cape Cod criminal defense attorney may be of great assistance in defeating a particular accusation of wrongdoing), there is some truth to the sentiment that it can sometimes be a complicated endeavor […]
Massachusetts’ Highest Court Grants New Trial Due to Sleeping Jurors
Under the Sixth Amendment to the United States Constitution, a person who has been accused of a crime has certain rights, including the right to a speedy and public trial. Depending upon the circumstances, the defendant may have the right to have his or her guilt or innocence determined by a jury at trial. There […]
Reckless/Negligent Homicide While Operating Under the Influence Conviction Affirmed by Massachusetts Appeals Court
A person who is suspected of operating under the influence (OUI) of drugs or alcohol on Cape Cod will probably be given a breathalyzer test at some point following his or her detention by police. Under Massachusetts law, there is a 15-minute waiting period prior to the administration of the test. The purpose of the […]
United States Supreme Court Reviews Criminal Conviction by Massachusetts State Court When Courtroom Was Closed During Voir Dire
Under the United States Constitution, the defendant in a criminal case has certain rights that, if violated, can potentially result in the reversal of a conviction. Among these rights are the Sixth Amendment rights to “a speedy and public trial” and “the assistance of counsel.” A recent decision by the nation’s highest court explored whether […]
U.S. Supreme Court Clarifies Rules Applying to Double Jeopardy Clause Cases: Bravo-Fernandez v. United States
For most people, the most notable component of the Fifth Amendment to the United States Constitution is the right to remain silent (“[not] compelled in any criminal case to be a witness against himself”). However, another important part of the Fifth Amendment is the so-called Double Jeopardy Clause. Under the double jeopardy provisions of the amendment, […]
Massachusetts Revisits Issue of Pre-Breathalyzer Right to Counsel – Commonwealth v. Neary-French
Clearly, the United States Constitution guarantees the criminally accused the right to counsel. However, exactly when, and under which circumstances, that right first attaches is sometimes a point of contention. Recently, Massachusetts’ highest court was called upon to revisit this issue as it concerned a defendant’s right to counsel regarding whether or not to submit to a breathalyzer […]
No Constitutional Right to “Speedy Trial” After Guilty Plea Has Been Entered – Betterman v. Montana
People accused of crimes in the United States are afforded certain rights under the U.S. Constitution. Included within these rights are the Fourth Amendment right to be free from unreasonable searches and seizures, the Fifth Amendment right to remain silent to avoid self-incrimination, and the Sixth Amendment right to a speedy and public trial by an impartial […]
United States Supreme Court Reverses Conviction in Massachusetts Stun Gun Possession Case – Caetano v. Massachusetts
Many discussions between a person who has been criminally accused and his or her defense attorney begin with the assertion, “I was in the wrong place at the wrong time.” Perhaps never was this statement more true than in a recent case handed down by the United States Supreme Court. In the case of Caetano […]