In a case that is attracting nationwide media attention, the Federal Bureau of Investigation has demanded that Apple, Inc., provide technical assistance in the form of “unlocking” a cellular telephone (an iPhone, to be exact) in order to assist the FBI’s investigation into an alleged terrorist attack in San Bernardino, California, on December 2,…
Articles Posted in Criminal Defense
Massachusetts High Court Affirms Trial Court Order Requiring Commonwealth to Disclose Witness’ History of Cooperation in Other Cases – Commonwealth v. Forlizzi
In the civil court system, a case begins with the plaintiff filing a lawsuit against the defendant(s), setting forth the various claims under which the plaintiff seeks relief. As the case progresses, each side is afforded an opportunity to discover information about the strengths and weaknesses of the other’s case…
United States Supreme Court Rejects “Reasonable Person” Standard for Determining Criminal Responsibility for Threatening Another – Elonis v. United States
In a world in which it is possible for others, including police and other government officials, to monitor the vast majority of our communications with others via cellphones, computers, and other electronic devices, the line between legitimate state action designed to protect would-be victims of crimes and the rights of…
Law Firm Did Not Have to Hand Over Client’s Cell Phone – In the Matter of a Grand Jury Investigation
In the case of In the Matter of a Grand Jury Investigation, a certain law firm agreed to represent a client in April 2013. At the time, the client was under investigation by a grand jury, but an indictment had not yet been issued. According to allegations by the Commonwealth, the client gave…
Clerical Error Results in Police Arresting Man Who Had Already Paid Fine, Scuffle Ensues and Defendant Is Arrested on Additional Charges – Hunt v. Massi
People often react negatively to the experience of being arrested. There is a high level of embarrassment, a dread of impending confinement, and sometimes a significant level of pain as the arrest is effectuated. A recent case in the United States Court of Appeals for the First Circuit illustrates some of the issues that can arise…
Hollywood Actor Seeks Pardon for Massachusetts Felony Convictions in 1988
According to the Executive Clemency Guidelines issued by Governor Deval L. Patrick earlier this year, “The grant of executive clemency is primarily to remove barriers often associated with a criminal record or sentence, therefore facilitating the reintegration of the petitioner into the community of the law abiding… [It] is warranted…
Police Need Warrant to Search Arrestee’s Cell Phone in Most Cases: Riley v. California
We all have them, and most of us rely on them for much more than simply making a call. Cell phones have become a necessity of modern life, and we use them to communicate in many ways. We text. We surf the internet. We check our Facebook account. We read…
Ineffective Assistance of Counsel Results in Remand in Drug Case – Commonwealth v. Sepheus
The Sixth Amendment to the United States Constitution states in part, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial … and to have the assistance of counsel for his defense.” The courts have held that this guarantees the defendant in a criminal…
Massachusetts Sensible Marijuana Policy Initiative; Cultivation, Distribution, and Probable Cause Rulings — Commonwealth v. Kenneth J. Palmer, and Commonwealth v. Kiiyan Jackson
A criminal misdemeanor record for marijuana possession can have serious consequences and follow you for years. It will impact your ability to gain employment, receive security clearances, qualify for professional licenses, or obtain student loans. If you have been charged with criminal possession of marijuana, our attorneys at our law…