Blog Posts in September, 2015

  • Reasonable suspicion goes up in smoke with latest SJC decision; smell of burnt marijuana alone insufficient for motor vehicle stops

    Last week, Massachusetts' highest court, the Supreme Judicial Court ("SJC"), came down with a decision that has left police officers and other law enforcement scratching their heads. In order to stop a vehicle, law enforcement must have "reasonable suspicion" (i.e. articulable facts and reasonable inferences drawn therefrom, other than a "mere hunch") that a crime or civil motor vehicle infraction ...
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  • Caution to Consumer

    One caution to any consumer/prospective client who is seeking federal court representation, more and more lawyers are now claiming to be federal criminal defense practitioners, or to have federal criminal experience, when in actuality they have little or none. Simply put, they are taking advantage of online truth-in-advertising loopholes and paid-for google rankings to pretend to be something they ...
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  • On the road to repeal: MA Senate driving change in automatic license suspension law for drug offenders

    In 1989, the Massachusetts State legislature passed a little known law (to some), which has since had a major impact on many: G.L. c. 90 ยง 22(f) states that the RMV shall without a hearing suspend the license of anyone who has been convicted of violating Massachusetts' Controlled Substances Act (G.L. c. 94C) for up to 5 years . Back then, the legislature had a good reason for doing so; the federal ...
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  • St. Paul's Rape Case Shows Some Traditions Aren't Worth Saluting

    While there is nothing unique about the ongoing jury trial in a Concord, NH courtroom in terms of the decision to pursue statutory rape charges in a case involving both a teenage defendant and teenage complainant (17 and 18 year olds are frequently charged with rape in cases involving underage complainants such as the 15 year old alleged victim in this case), what is different is the "cultural" ...
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  • Fogle's SUB-stantiation of charges via plea is probably best WAY to go

    Add Jared Fogle to the seemingly ever-growing list of celebrities, including Bill Cosby and Josh Duggar, sharing the headlines about their alleged sexual misconduct. Fogle, the longtime Subway spokesman, filed his petition to enter a plea of guilty two weeks ago in Federal Court in Indianapolis to child-sex charges that included distribution of child pornography and crossing state lines for ...
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