Boston Criminal Lawyer Blog

November 11, 2014

SOUTH BOSTON POLICE OFFICER IS THE REPORTED VICTM OF DOMESTIC VIOLENCE

In the past, I have acknowledged that being a police officer is a hard and dangerous job. Of course, I was referring to their time while at work, not at home.

A Boston Police Officer, however, recently faced purported danger in his South Boston home. Mary Niland (hereinafter “Defendant Ex”) of South Boston is accused of attacking both him and a lady friend last week. More specifically, she has been charged with breaking into the officer’s home in the middle of the night and assaulting the two as they were in bed.

“[Defendant Ex], who is his former girlfriend broke into his home uninvited and crept into the bedroom where he was staying with another woman,” argued the prosecution at the arraignment. She went on to tell the court that the officer and Defendant Ex were no longer a couple, but that, at 2:30 a.m. Monday morning, she broke in and went on the attack. That would be the charges of, at least, Breaking And Entering and Assault and Battery.

November 6, 2014

MASSACHUSETS HALLOWEEN BRINGS ARRESTS FOR DRUG CRIMES AND ASSAULT AND BATTERY WITH A DANGEROUS WEAPON

by Samuel Goldberg

I suppose it is fitting that we discuss the night for tricking and treating right after Election Day.

So how was your Halloween weekend? Still have your liberty, if not your dental health?

Some people had little trouble with the law over the weekend. Interestingly, though, these folks were not out on the street looking for trouble. Sometimes, though, trouble find you.

October 31, 2014

PUMPKIN RIOTS YIELD DISORDERLY BEHAVIOR, RIOT POLICE AND ARRESTS

by Samuel Goldberg

Happy Halloween everybody!

Have your plans for tonite all ready? I will be hiding under my bed at my abode in Salem.

Whatever your plans, be careful not to take them too far. Law enforcement has a way of being overly-on-hand on nights like this. With good reason, actually.

October 27, 2014

NORTH ADAMS WOMAN IS ARRESTED FOR HEROIN TRAFFICKING DURING ROUTINE CAR STOP

by Samuel Goldberg

Well, it’s a Monday morning and so I am sure that you, like me, witnessed plenty of folks moaning and groaning on their way to work, school, etc. this morning. Rest assured, though, there are those who had more reason to groan about their destination than most.

Take 26-year-old Cassandra McInnis of North Adams (hereinafter, the “Defendant”) for example. She was on her way to North Adams District Court this morning.

She had a bit of a traffic incident this weekend. No, not the typical kind.

October 24, 2014

ASHLAND SCHOOL BUS DRIVER IS ARRESTED FOR HIS THIRD DRUNK DRIVING CHARGE

by Samuel Goldberg

Robert E. Murphy of Ashland, a 59-year-old (hereinafter, the “Defendant”) gentleman is, or was, a Hopkinton school bus driver. He has now been arrested and charged with operating a motor vehicle under the influence of alcohol and operating a motor vehicle to endanger. According to WBZ, this is his third OUI case, the last having taken place 25 years ago.

The Defendant’s arrest, together with his history, has touched off renewed interest into how many drunk driving cases a person can have before a license is suspended or lost.

According to the report, it is very difficult to have one’s driving priviledge suspended or terminated in Massachusetts. The article explains that “In general, just being charged with an OUI offense-no matter how many times-is not enough to have a license suspended or revoked.”

October 23, 2014

“HOW DOES THE “YES MEANS YES” APPROACH TO CAMPUS SEXUAL ASSAULT PLACE ME AND MY KIDS IN DANGER?”

by Samuel Goldberg

Ok, I admit that it is not still yesterday; I did not get this entry up yesterday. It doesn’t mean that I did not try…I was just out doing battle for my client longer than expected. Doing the job right has to take precedence. Believe me, when you are my client, you will appreciate those priorities.

Sometimes, you just can’t do everything.

Which brings us back to our discussion. The “Yes Means Yes” approach to combatting campus sexual assault cases.

October 22, 2014

THE PENULTIMATE BLOG ON DISCUSSING THE “YES MEANS YES” APPROACH TO SEXUAL ASSAULT

by Samuel Goldberg

We have been discussing California’s new “Yes Means Yes” bill and its accompanying app.

As I have mentioned, the “Yes Means Yes” approach is not really brand new. At least here in the Commonwealth, various colleges and universities have been using the approach.

I know…I have handled the cases.

October 16, 2014

WHAT’S WRONG WITH THE NEW CALIFORNIA ANTI-CAMPUS SEX CRIMES AND ACCOMPANYING APP?

by Samuel Goldberg

It really is quite a comfort, isn’t it?

As the article says, “Want to be sure you’re not raping someone? There’s an app for that.”

As discussed in my last blog, the app to which I refer is the upbeat-named “Good2Go”.

October 14, 2014

CALIFORNIA FIGHTS CAMPUS SEX CRIMES WITH NEW “YES MEANS YES” LAW…AND APP

by Samuel Goldberg

Hey, remember when “No” meant “No”? Well, unfortunately, people are still committing sex crimes. So, California is going a step further with its enforcement of such crimes. The state’s new rule will be that “Yes means yes”. By statute, in fact.

Such an approach is not really new. I have handled a number of cases where such allegations have arisen on college campuses. Generally, the burden is shifted to the accused to prove that a given complainant gave an unequivocal “Yes” and, virtually, kept repeating that word in order for the sexual contact not to be a sexual assault.

Now, California has defined just when “yes means yes” and it is aimed at college campuses. The state Senate, which unanimously approved the legislation, believes that the new law will change how campus officials investigate sexual assault allegations. Governor Jerry Brown signed the bill shortly after receiving it.

October 10, 2014

A BOSTON CRIMINAL LAWYER REVEALS THE TRUTH ABOUT THE “PRESUMPTION OF INNOCENCE”

by Samuel Goldberg

In the practice of law, there are such things as “legal fiction’s”. These are generally items that lawyers make up in order to prove a point. .

Whether the charge is murder, drug trafficking or rape, you have been brought up to believe that the United States Constitution protects you in that prosecution in various ways. One of the most fundamental ways is that you are said to be “presumed innocent”. You are also told that the presumption remains with you unless and until you are proven guilty beyond a reasonable doubt by the government.

We use that “presumption of innocence” to explain away and even excuse various inequities and wrongs inherent in criminal prosecutions. For example, a police report is written when charges brought against you. There are cases in which there is no resemblance between the facts described in the police report and what actually happened. “That’s okay”, we basically say. “That police report won’t be going into evidence and, anyway, you are still presumed to be innocent .”