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6 3, 2019

911 Calls as Evidence at Trial

By |2025-09-26T03:00:39+00:00March 6, 2019|Constitutional Law, Court System, Criminal Justice, Legal Overviews|

Can a 911 call be entered in evidence at trial? This is a question that I get often from clients, and the answer is “it depends.” At trial, the most powerful testimony is that of someone on the stand, speaking to the jury. Witnesses, oftentimes alleged victims of crimes, are afforded the opportunity to be heard. But sometimes witnesses are unavailable or unwilling to testify. What then?

The Supreme Court and the Massachusetts SJC have all weighed in on whether 911 calls can be admitted absent the caller’s live testimony. The key question in such an analysis is whether the caller was reporting an “ongoing emergency,” or whether the caller was reporting something that had happened earlier.

In [Read More…]

28 12, 2018

Pre-Trial Diversion

By |2025-09-26T03:00:39+00:00December 28, 2018|Court System, Criminal Justice, Legal Overviews|

At arraignment, an entry is created on a defendant’s Board of Probation (BOP) record. This record, sometimes called a “rap sheet,” is an overview of your criminal history and includes juvenile court records, adult court records and restraining orders. Judges have access to all this information and use it when making decisions regarding bail and plea deals.

As you might imagine, less is more; that is, the fewer entries on the BOP, the more likely a case can be resolved in your favor.

That is why the expansion of Pre-Trial Diversion, enabled under the new criminal justice reform laws, is hugely important.

The new laws allow the court to postpone arraignment if certain conditions are met:

1) No convictions for any [Read More…]

6 9, 2018

The Power of the Jury Trial

By |2025-09-26T03:00:40+00:00September 6, 2018|Constitutional Law, Court System, Criminal Justice, Legal Overviews|

There has been a lot written lately about how the jury trial is an endangered species. While it it true that most criminal complaints resolve short of a jury trial (through a plea deal) many cases can and must go to trial.

Many serious offenses in the Commonwealth, such as Indecent Assault and Battery Under 14, require those convicted to register as sex offenders; the laws are often written to prohibit defendants from making plea deals to avoid the registration requirement. In such instances, the only way to avoid being labeled a sex offender is to be found not guilty by a jury.

I recently defended an individual who found himself in such circumstances, and was able to obtain a NOT GUILTY verdict after a jury trial. [Read More…]

12 6, 2018

Help Yourself Online

By |2025-09-26T03:00:41+00:00June 12, 2018|Court System, Criminal Justice, Legal Overviews, Personal Injury|

If you are reading this post, chances are that you have at least one and probably multiple social media accounts. Facebook, Instagram, Twitter, etc. are all great platforms to share your passions and stay connected with friends and family. But what you share can also be used by people who are not your friends.

Take, for instance, the case of an auto accident. If you have been injured and are seeking compensation, you must be sure that nothing you post online could undermine your claim. Let’s say your foot was injured in the accident and you have been attending ongoing physical therapy. It would be unwise (putting it nicely) to post a picture of yourself playing soccer. Even [Read More…]

7 2, 2018

Dangerous Weapons

By |2025-09-26T03:00:41+00:00February 7, 2018|Court System, Criminal Justice, Legal Overviews|

Massachusetts laws are often written in colorful or archaic language. One such example concerns the offense of “Carrying a Dangerous Weapon” (M.G.L. ch. 269 §10).

Subsection (b) of this law deals with non-firearm weapons, and begins by enumerating a long list of weapons that are inherently dangerous, including a:

“stiletto, dagger or a device or case which enables a knife with a locking blade to be drawn at a locked position, any ballistic knife . . . dirk knife, any knife having a double-edged blade, or a switch knife . . . or a slung shot, blowgun, blackjack, metallic knuckles or knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles, nunchaku, zoobow, also [Read More…]

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