Yesterday, we discussed whether an investigating officer’s failure to read a suspect in custody his or her Miranda Rights (hereinafter, the “Rights”), means that the case against said suspect must be dismissed. The answer, in most cases, is no. The remedy is to suppress the statement so that the Commonwealth…
Articles Posted in Criminal Law
A MA State Trooper, Suspected Of OUI, Threatens Fellow Officers With Gun And Then Fires…!
In yesterday’s Boston Criminal Lawyer Blog, I discussed a bank manager and his buddy who have found themselves in the sites of the Massachusetts criminal justice system. The charge was assault and battery with a dangerous weapon, to wit a hammer and a football. Today, it is a Massachusetts state…
Attorney Sam’s Take: Confession Of A Boston Defense Lawyer In The Face Of New Motor Vehicle Law
I have been breaking a new Massachusetts Motor Vehicle Law. Chances are, so have you. Well, that’s sort of true. Actually, the law does not go into effect until next week. September 30th to be exact. You may have seen some of the message boards that have been posted about…
Attorney Sam’s Take: “Robbery, Assault, Armed Career Criminal…What Did I Do?”
Yesterday, we discussed Darryl B., (hereinafter, again, the “Defendant”) and his legal difficulties resulting from a confrontation with local police in Allston, MA. Said difficulties resulted in the awarding of the Commonwealth bracelets of shame, involuntary Commonwealth housing and various criminal charges including Armed Robbery, Assault with a Dangerous Weapon…
A Boston Criminal Defense Attorney Reviews MA OUI/Vehicular Homicide Case
Theary C., 26, of Lowell, (hereinafter, the “Defendant”) is due to be brought in to Lowell District Court today. He is to be arraigned on a charge of MA homicide. No, not the type of killing which dominated the news, and this blog, last week. This is not a case…
Attorney Sam’s Take: The MA Landscape Of Bullying, Assault and Harassment For Students And Parents
…And so students and their families alike are awakening to the passing of the season. Summer is exiting Massachusetts, and school is beginning. This time, though, things are a bit more serious. First of all, as discussed yesterday, the Boston area seems to be in the middle of a dramatic…
A Boston Criminal Attorney Discusses SJC’s Ruling In Murder Appeal Motion (Part One)
The Massachusetts Supreme Judicial Court (“SJC”), the Commonwealth’s highest court , situated in Boston, has rejected a motion by Calvin C., convicted in the 2005 Bourneside murders,(hereinafter, the “Defendant”) to stay his appeal so that he could seek a new trial based on evidence he said showed he was framed.…
Attorney Sam’s Take: The Corrupting Of MA Political, Prosecutorial And Police Investigations And Arrests
The Boston Criminal Law Blog has had a fairly police-intensive week this week. We began with A police chase in which an officer accidently struck and killed a pedestrian (which, if we had done it would probably be treated as a homicide) and then with of law enforcement investigations and…
Attorney Sam Warns Students About Criminal Investigations After Lynn MA School Is Vandalized
September is a-coming. It would appear that it will soon be time, once again in Massachusetts, for those school-time hijinks like bullying, assault and vandalism. And police investigations. Well, it looks like some people just can’t wait. No, not a high school or college campus crime this time. The event…
Cohasset MA Mother And Son Charged Giving Alcohol To Juveniles – A Boston Criminal Attorney’s View
Here is another one in a series of people being prosecuted for having parties wherein juveniles are allegedly given alcohol. As mentioned last week, ’tis the season apparently. Specifically, Elizabeth M., 50, and her son Taylor, 18, of Cohasset ( hereinafter, collectively, the “Defendants”) now face charges in Quincy District…