I wish I could say “you don’t see this everyday…” but that would probably not be true. We have always had people engaging in sexual crimes. However, the norms of what used to be acceptable (kind of) have changed. The bottom line is that one cannot force another person to…
Boston Criminal Lawyer Blog
MASSACHUSETTS CRIMINAL DEFENSE LAWYER WINS MOTION TO SUPPRESS IN DRUG CASE
The attorneys at the Law Offices of Samuel Goldberg, legal counsel to Altman & Altman, LLP recently walked out of Brighton Municipal Court with a huge victory for the civil rights of one our clients. As a result of our success, our client’s drug case is likely to be dismissed.…
DRIVER IS CHARGED WITH NEGLIGENT DRIVING AFTER CRASHING INTO SIX WOMEN IN ORLEANS
It is easy for most of us to condemn a drunk driver. One should not drink alcohol and drive. That’s pretty clear. Sometimes, though, the lines are a bit blurrier when it comes to questions of safe driving. Take the recent case of a 65-year-old man from New York who…
ESSEX COUNTY COURT OFFICER IS CHARGED WITH RAPE
Surprise! I am not Ian. He will be with you next week with one of our “war stories”. Speaking of surprises, here is a little tale from yesterday’s session in Salem Superior Court. As you know, anybody can suddenly find themselves with the sudden last name of “defendant”. Today’s example…
“CAN I APPEAL MY CRIMINAL CONVICTION?”
Folks are focused on the federal criminal appeal of Dzhokhar Tsarnaev (hereinafter, the “Defendant”). While his appeals will be automatic because of his unusual penalty, all criminal defendants, especially if convicted after a trial, have the right to appeal their conviction. The appeal, however, may not be what you think…
THE BOSTON FEDERAL JURY CHOOSES THE DEATH PENALTY FOR THE BOSTON MARATHON BOMBER
As you know, I have been ensconced in the criminal justice system since the early 1980’s. One of the perks of being around so long, and being fairly successful, is that various media outlets often contact me to discuss some development in criminal justice. They know that I am a…
A BOSTON CRIMINAL LAWYER PREPARES FOR THE FEDERAL DEATH PENALTY VERDICT
Juries are often criticized in this country when folks don’t like the verdict they deliver. In my experience, though, jurors are not some ignorant bundle of jello-wobbling mindlessly from side to side during the trial, just waiting to pop out a verdict for the side with more money. In my…
MASSACHUSETTS BREATHALYZER ERROR GROUNDS FOR MOTION FOR NEW TRIAL
The Executive Office of Public Safety recently released a report detailing their investigation into 39,000 breath test results. The investigation started when questions arose regarding the calibration of the breathalyzer machines. The report found that in fewer than 150 cases, breath test personnel should have deemed the results to be…
FORMER MIDDLESEX COUNTY SCHOOL TEACHER IS FOUND GUILTY IN CHILD PORNOGRAPHY AFTER FEDERAL JURY TRIAL
It was actually a mixed verdict…but will that help 28-year-old Josh Wairi (hereinafter, the “Defendant”) very much? The former elementary school teacher in the Somerville and Cambridge public school systems has finished his five-day jury trial. He was convicted of federal child pornography charges (to wit: possession and transportation of…
MASSACHUSETTS SUPREME JUDICIAL COURT SUPPRESSES SEARCH WARRANT OF PREMISES FOR SUSPECTED MARIJUANA CULTIVATION
When it comes to marijuana, law enforcement has consistently used its odor, unburnt and burnt, as probable cause to search suspected criminals. However, since the possession of up to one ounce of marijuana was decriminalized in 2008, the criminal justice system has had to take a new look at what…