When a routine police call in Boston’s North End leads to the discovery of a rifle, magazines of ammunition, and a defendant who readily admits he has no license to carry, most would assume that a conviction would stand. However, the Massachusetts Appeals Court’s May 2025 decision in Commonwealth v.…
Boston Criminal Defense Lawyer Blog
How Far Can You Go in Protecting Another Animal or Disciplining Your Own?
If you are accused of animal cruelty in Massachusetts, the law allows for some narrow exceptions, but proving them can be difficult. Claims of defense of another animal or bona fide discipline must be supported by clear evidence. A recent case decided by the Supreme Judicial Court demonstrates just how…
How Appeals Can Help Reduce or Vacate Charges Based on Improper Convictions
If you are facing multiple criminal charges after a single incident, you may assume that each conviction will lead to separate punishment. In some cases, however, those convictions overlap or cover the same conduct. In Massachusetts, a conviction may be thrown out if it is based on a charge that…
Have You Been Deactivated as a Rideshare Driver in Massachusetts? Here’s How You Can Appeal
If you’re a rideshare driver in Massachusetts—working with Uber, Lyft, or another platform—and have been deactivated due to background check issues, you’re not alone. Many hardworking drivers are sidelined every year, often without a clear explanation. Fortunately, you have rights and options to appeal. At the Law Office of Patrick…
Withdrawing a Guilty Plea in a Massachusetts OUI Case
Over the past several years, there has been extensive litigation in Massachusetts regarding a specific kind of breathalyzer machine called the Alcotest 9510 device. Challenges to this machine have revealed malfunctions and inconsistencies in the breath test results that the Commonwealth has consistently used in criminal proceedings. Because of the…
Can Race Be a Factor in Jury Selection in a Massachusetts Criminal Trial?
Prior to beginning a trial, it is commonplace for the prosecution and defense to go through a process that is called jury selection. During this process, each party is permitted to exercise several “peremptory challenges” to possible jurors. This means that each party may tell the judge that they would…
Challenging Incriminating Statements in Massachusetts Criminal Cases
Federal and Massachusetts laws provide robust protections to individuals accused of crimes, ensuring they cannot be compelled to offer testimony, talk to the police, or give a confession against their will. These protections are rooted in constitutional principles, including the Fifth Amendment right against self-incrimination and the Fourteenth Amendment’s due…
Mass. Appeals Court Agrees Police Officer Search Lacked Justification
In criminal cases, when one side receives an unfavorable ruling, either the defense or the prosecution has the right to appeal to a higher court for reconsideration. While it’s common to see defendants appealing after a conviction, prosecutors can also appeal rulings that favor the defense, such as the suppression…
When Can Police Use Secret Recordings Obtained Without a Warrant?
Massachusetts courts have long recognized the importance of protecting individuals from government overreach, aligning with the due process guarantees found in both the U.S. and Massachusetts Constitutions. Judicial rules and legislative safeguards are in place to ensure that law enforcement actions respect these principles, particularly when it comes to gathering…
Massachusetts Residents Have the Right to a Competent, Effective Defense Attorney
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…