617-807-0949 |matt@barisonlaw.com

Constitutional Law

21 10, 2020

Statement re. Amy Coney Barrett

By |2025-09-26T03:00:36+00:00October 21, 2020|Constitutional Law, Court System, Discrimination, LGBT Rights, Same Sex Marriage|

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 to promote the advancement of the LGBTQ+ legal community throughout the state. Our organization does so in a variety of ways, including promoting the fair and just treatment of the LGBTQ+ community under law, collaborating with other affinity bar associations to advocate for underrepresented communities, [Read More…]

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…]

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…]

6 11, 2017

Bail: What you need to know.

By |2025-09-26T03:00:42+00:00November 6, 2017|Constitutional Law, Court System, Criminal Justice, Legal Overviews|

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 477 Mass. 691 (2017), is that a Defendant’s dangerousness is NOT a factor to be considered in setting bail.

If the Commonwealth is moving to hold someone without bail, it must hold a dangerousness hearing, which is a separate event from the arraignment; at [Read More…]

17 8, 2017

On Civil Disobedience

By |2025-09-26T03:00:43+00:00August 17, 2017|1st Amendment, Constitutional Law, Criminal Justice, Legal Overviews|

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 enforcement agencies tend to be more aggressive).

More on resisting arrest… the Massachusetts Model Jury Instructions state:

“A person commits the crime of resisting arrest if he knowingly prevents or attempts to prevent a police officer . . . from effecting an arrest of [himself] or another [Read More…]

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