All Americans have the constitutional right to competent legal representation in criminal cases, a principle that applies to both public defenders and private attorneys. While the law does not guarantee the best lawyer in the world, it does require a certain baseline level of competence. When an attorney’s performance falls…
The admission or suppression of evidence often plays a pivotal role in Massachusetts criminal cases. Determining whether critical pieces of evidence can be presented to a judge or jury frequently hinges on pretrial arguments. These arguments, led by skilled attorneys, aim to exclude evidence that could significantly impact the outcome…
The Fourth Amendment of the United States Constitution is a vital protection against unlawful searches and seizures. It ensures that evidence obtained without a valid warrant cannot be used against defendants in court. However, there are exceptions to the warrant requirement, and law enforcement officers, along with prosecutors, often seek…
Anyone accused of a crime in Massachusetts may have several opportunities to challenge the accusations lodged against them. Sometimes, charges are dismissed based on evidentiary issues before a trial occurs. At the close of a trial, defendants may be successful in asking the court to acquit them without sending the…
In the world of legal dramas as known by pop culture, we’ve all witnessed those intense courtroom scenes where a victim or witness dramatically points to the defendant, solidifying their guilt in the eyes of the jury. However, what these shows and movies often fail to depict is the complexity…
Criminal investigations have changed drastically in the last 30 years. The rise of cell phones and smartphones has created a new field of evidentiary law related to these electronic devices. Cell phone providers can track the location and behaviors of their customers, and police often seek this information to place…
In a recent case before an appeals court in Massachusetts, the defendant challenged the lower court’s refusal to allow him to keep a jury member from serving on the jury during his trial. On appeal, the higher court reviewed the lower court’s record considered the defendant’s argument, and ultimately sided…
The Massachusetts criminal code is designed to allow prosecutors and judges discretion in charging and sentencing decisions in order to address the serious issue of repeat offenders. Criminal defendants with a prior record may be charged with different crimes than another person without a record. Additionally, a defendant’s record is…
Earlier this month, an appeals court in Massachusetts considered whether a defendant in an assault case should be entitled to a new trial. Originally, the defendant was charged with and convicted of assault and battery on a person over the age of fourteen. Once the defendant appealed, the higher court…
In a recent case involving assault and battery by a dangerous weapon, the defendant appealed his guilty conviction before the Appeals Court of Massachusetts. On appeal, the defendant argued that the trial judge allowed impermissible testimony from police officers to be submitted at trial, and this testimony made the jury…