I am proud to have drafted this statement for the Mass. LGBTQ Bar Association, and for the editing and votes of support by the Board!
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As members of the Board of Directors of the Massachusetts LGBTQ Bar Association, we write to voice our vehement opposition to the nomination and arbitrary confirmation process of Amy Coney Barrett to the Supreme Court of the United States.
Since its founding in 1985, the Massachusetts LGBTQ Bar Association has worked […]
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 […]
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. […]
Bail is a very important matter for those facing criminal charges. At arraignment, the Commonwealth, though the Assistant District Attorney, will often request bail. The Defense Attorney will also make a bail request, and then the judge must decide how much bail, if any, to impose.
A recent decision by the Supreme Judicial Court (SJC) has outlined the factors to be considered in setting bail. The most important development from this new ruling, Brangan v. Commonwealth […]
A quick word to friends who are considering engaging in civil disobedience. Be prepared! If you disobey police orders, you are subject to arrest.
The police have broad power to enforce public order. During a protest, instigators are subject to arrest for “public order offenses” such as affray and disturbing the peace. Though the Boston Police tend not to arrest people in en-masse, if you repeatedly disobey an officer’s order, you will probably be arrested. (Note, State Police and Federal law […]
In many states, including Massachusetts, residents can legislate directly through the ballot initiative process. Recently, such proposals have included: expanding bottle deposits, repealing the casino law, and mandating paid employee sick leave.
In MA, the process for bringing forth such petitions is detailed in Article 48 of the Massachusetts Constitution. First, the proposal must have the support of ten voters. Then, the Attorney General must review the proposal to make sure it does not […]
