Your Shield Against Criminal Prosecution
A New York federal judge ruled that the United States government’s phone gathering system is constitutional and a necessary measure to combat possible terrorist attacks against the country. The judge further ruled that Congress was within its rights to establish the system and that it does not violate any citizen’s constitutional rights. Notably, this New York decision is contrary to…
In a recent decision the Massachusetts Supreme Judicial Court ruled that in cases where a defendant is charged with Operating Under the Influence of Alcohol, a police officer may not offer an opinion at trial as to whether the driver’s ability was diminished by the consumption of alcohol or that he was probably impaired by the consumption of alcohol. In…
The Massachusetts Declaration of Rights and the United States Constitution afford every citizen with certain fundamental rights, including the right to remain silent and assert one’s privilege against self-incrimination. Just about everyone has heard of that right, but believe it or not, many people charged with a crime either don’t exercise it, or don’t properly assert. The United States Constitution…
A 21 year old Boston woman was charged with several Massachusetts Drunk Driving Charges, including Vehicular Homicide by Operating Under the Influence of Alcohol, in connection with a fatal hit and run that took the life of a 63 year old woman. According to the Boston Police Department, the defendant, who is from Dorchester, allegedly hit the woman near the…
A 20 year old man from Boston was arrested this past Thursday on Massachusetts Drug Charges in Weymouth. He was charged with Drug Distribution, Possession with Intent to Distribute a Controlled Substance, Conspiracy to Violate the Drug Laws, and Resisting Arrest. According to the Weymouth Police Department, the defendant was alleged to have engaged in a drug transaction with a…
A man from South Yarmouth was charged with Massachusetts Drunk Driving Charges following a crash in Hingham, including Operating Under the Influence of Drug and Child Endangerment by OUI, Reckless Operation of a Motor Vehicle and Possession of a Class B Substance. According to the Hingham Police Department, the driver crashed his car at a Hingham intersection, striking the electrical…
A Somerville High School student was arraigned yesterday on several Massachusetts Sex Crimes Charges, including Aggravated Rape of a Child in connection with the alleged sexual assault of another young high school athlete with a broomstick. A total of three Somerville students who were attending a retreat in the Berkshires at Camp Lenox and allegedly sought out three other students…
Jared Remy, of Waltham, was charged this week in Waltham District Court with Massachusetts Murder Charges in connection with the stabbing death of his girlfriend, Jennifer Martel. According to the Middlesex County District Attorney’s Office, Waltham Police officers responded to a 911 call at Remy’s apartment and found what they described as a scene indicating a struggle inside and outside…
The Massachusetts Appeals Court recently reversed the conviction of a man who was convicted of Annoying or Accosting a Person of the Opposite Sex where the government failed to provide proof that the alleged conduct involved a sexual element. The prosecution alleged that the defendant approached a woman and tried repeatedly to converse with her. She ignored his attempts and…
In the case of Salinas v. Texas, the United States Supreme Judicial Court recently considered the question of whether a defendant’s pre-arrest silence, prior to being placed in custody or receiving Miranda warnings, can be used against him in a subsequent criminal prosecution as evidence of consciousness of guilt. In this case, prior to being taken into custody, the defendant…