Every now and again, even an experienced criminal defense attorney of over a quarter century has to scratch his head and rub whatever scant hairs remain thereupon. The case comes to us from Attleboro. A 41-year-old mother (hereinafter, the “Defendant”), is crying “foul” as she faces her day of judgment.…
In most cases, from OUI, to drug crimes , to rape, the criminal justice system views the beginning of your prosecution when you are brought into court and standing before either a judge of some sort for arraignment. In some cases, usually in superior court, Clerk Magistrates handle the arraignments.…
You have been charged with a crime. You went to court, either for a Clerk Magistrate’s Hearing or for your Arraignment, without a lawyer. You figured the court would give you a lawyer and you would be home free. After all, maybe you know you did not do what they…
The Boston Criminal Lawyer Blog was discussing evidence. How much is necessary to find a defendant guilty. What kind of evidence can be admitted and when. That kind of thing. Putting aside the issue of actual character evidence, bad acts and prior convictions are often admissible to impeach a witnes’s…
Two 20-year-old UMass-Dartmouth students have been arrested on charges of possession of over $20,000 worth of drugs. According to news reports, detectives found and confiscated the following: • 3.5 pounds of marijuana • 35 grams of ecstasy • 5 Alprazolam tablets (a benzodiazepine prescribed to treat anxiety disorders) • 8…
There is in the old adage in the practice of law. It reads, “If the facts are on your side, pound on the facts. If the law is on your side, pound on the law. If neither are on your side, pound on the table. ” Perhaps this gives some…
Here’s a sweet little tale for Valentine’s Day. Allen M. Stilkey, 40, of Douglas, (hereinafter, the “Defendant”) was a married man until very recently. You see, he is alleged to have had a incident last week. The result? His wife is dead and he is charged with her homicide. The…
The Boston Criminal Lawyer Blog has discussed many stories which demonstrate that, particularly with new technology, law enforcement has such tools in its arsenal that attempting to out-race them is futile. Well, Boston police made an arrest on Friday night which shows that the reverse is not necessarily true. Twenty-two…
In case you were not aware of it, the police do not always simply lay in wait of alleged criminal activity. Sometimes they go out and target certain types of crimes. Such incidents are usually called “sweeps” and have fancy names for the operation. Today’s story involves a sweep of…
As you know, if you are a daily reader, the Boston Criminal Lawyer Blog often finds fault with the criminal justice system. Frequent targets of my wrath are law enforcement officers and district attorneys. Well, I guess that makes sense. I am, after all, a criminal defense attorney. However, the…