Recent Posts in Criminal Defense Category

  • What to Do If You've Been Falsely Accused of Sexual Assault

    In today’s climate, more and more men in positions of power are being accused of sexual assault. While this is unacceptable in any industry or arena, many of these allegations are being thrown out without any definitive proof. In fact, many of the accused are losing jobs, losing their loved ones, and facing a public outcry before they even have a chance to deny or accept these claims. First things ...
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  • Are Criminal Convictions Public Record?

    If you have been convicted of a crime in the United States, this fact is public record. This means the record of your conviction, including the details of the case, are available for anyone who goes to a court clerk’s office and searches for your specific files. The only exception to this general rule is when the judge rules to seal a conviction. This is also known as expungement, which occurs if ...
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  • Will My Child Be Tried in Juvenile Court?

    Experienced Juvenile Criminal Defense Lawyer in Boston The fact that a child is under 18 years old does not necessarily eliminate the possibility that they could be tried as an adult. In fact, whether they are tried as an adult or in juvenile court depends largely on the severity of the crime they are alleged to have committed. In the state of Massachusetts, there is a “Youthful Offender statute,” ...
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  • 4 Questions to Ask Your Criminal Defense Attorney

    Before you hire someone, you want to make sure they have the skills, knowledge, and drive to help you reach your goals. The same goes with a criminal defense attorney. If you are facing criminal charges, it is important that you seek the help of an experienced, competent criminal defense attorney. The legal process can be complicated and long, so it is crucial that you work with a lawyer who can ...
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  • Can the Police Take My Blood Without a Warrant?

    According to a ruling by the Supreme Court, law enforcement officers may not draw blood without consent or a warrant. However, implied consent laws have since made these laws a bit trickier to navigate. Drivers who are pulled over under suspicion of DUI are subject to implied consent laws, which will result in the legal requirement to provide a blood sample. The Fourth Amendment requires a warrant ...
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  • Protecting Your Rights During a White-Collar Investigation

    White-collar crimes, becoming increasingly more widespread, are financially motivated, nonviolent crimes committed most commonly by business people and government professionals. Protecting your rights during a white-collar investigation starts with enlisting in the help of a Boston criminal defense lawyer you can trust, such as ours at Brad Bailey Law. Once you are backed by legal counsel, care, ...
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  • What Does the Law Say About Sexting?

    Criminal Defense Attorney in Boston, Massachusetts Since most states do not have laws that specifically, uniquely refer to sexting as a crime, sexting charges can be brought under that state’s child pornography and obscenity statutes. In any case, charges of sexting could result in conviction of a sex crime involving a child, which carries serious consequences for all parties involved. If you or ...
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  • What is Probable Cause?

    You have likely heard “probable cause” in reference to a criminal defense investigation, though many people aren’t aware of what the term actually entails. Stemming from the 4 th amendment of the U.S. constitution, probable cause means the law enforcement are required to have a satisfactory reason to arrest someone, conduct a search, or seize property relating to a suspected crime. This prevents ...
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  • What Does Pleading No Contest Mean?

    Pleading no contest is essentially saying you accept the punishment of a crime without admitting any guilt. These pleas are only possible under certain circumstances, and they depend on the facts of your case and the judge’s discretion. While pleading no contest may seem futile if you still have to accept the sentence and penalties, it can actually provide some benefits. Here are two benefits ...
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  • What Is the Difference Between Murder & Manslaughter?

    You may have heard the terms murder and manslaughter used in criminal law settings, and maybe you or someone you know is facing charges under those titles. Knowing the difference between these two terms can help you understand your options when facing charges so you can make informed decisions. Our Boston criminal defense lawyers at Brad Bailey Law have defended hundreds of clients against charges ...
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  • Preparing for First Court Appearance

    Going to court for the first time can be an incredibly overwhelming experience. Judges can be intimidating, and the entire process is confusing if you are unfamiliar with how things usually go. Your chances of obtaining the best outcome increase exponentially when you are prepared for what’s ahead. In order to be on the judge’s good side, you will need to ensure you follow all official and ...
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  • Can I Drive After a DUI Conviction?

    If you have been convicted with a DUI , you may be wondering if you will be able to drive again. The answer to this concern depends on a number of factors specific to your situation, most importantly whether this DUI was your first offense or not. If you are a first time offender, you can expect your license to be suspended for 45-90, but the criminal penalty will be for as long as 1 year. If you ...
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  • Can the Police Search My Home Without a Warrant?

    We’ve all seen those crime shows where the police storm into a home and start making aggressive arrests, or when outraged residents declare that the officers may not enter without a warrant, sufficiently turning police away. Are either scenarios lawful? What aspects of these exemplary scenes are accurate, if any, and what does the law have to say about searching a person’s home? According to the ...
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  • What's the Difference Between Assault & Battery?

    You may often hear the terms assault and battery used together, but they are, in fact, separate charges. Assault is generally defined as the threat of violence, while battery is the act of violence itself. If you are facing either assault or battery charges, or both, one of the best things you can do to help your case is to understand what you’re up against. That’s why we, at Brad Bailey Law, have ...
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  • The Cost of Sex Crimes

    Facing conviction for a sex crime is beyond serious. You may face prison sentences ranging from ten years to life in prison. Once you’re free, you’ll continue to face consequences such as registration as a sex offender, restrictions on where you can live, work, worship, or even visit, and the stigma of being convicted. When it comes to sex crimes, the punishments are often grossly disproportionate ...
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  • William Camuti Trial Begins

    Our founding attorney, Brad Bailey, is currently defending a man named William Camuti, who has been accused of poisoning a man named Stephen Rakes. Mr. Rakes was seen leaving James “Whitey” Bulger’s trial in Boston. He drove to a McDonald’s in Waltham, where Mr. Camuti is accused of serving him iced coffee laced with a lethal dose of cyanide. According to the prosecution, Mr. Camuti poisoned his ...
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  • The Stages of a Typical Criminal Case

    There are no two criminal defense cases that will be exactly the same due to all the evidence and circumstances involved. However, most criminal cases will develop along the same line of progression. Gaining an understanding of these stages can potentially give you an advantage in a criminal defense case of your own, as you will at least know what to expect next and how to react. An average ...
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  • Why Prosecutors Find It Difficult to Prosecute Date Rape Cases

    Being accused of committing a date rape offense can have devastating consequences to an individual’s liberty, reputation, education, and employment opportunities. These crimes are always highly publicized, making the defendant appear guilty before ever stepping foot in the courtroom. However, prosecutors are reluctant to take cases that appear to be un-winnable. The following are five reasons why ...
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  • Sentencing Guidelines in Federal Court

    The sentencing process in federal court is confusing, convoluted, and can, at times, produce truly unjust results. This is due in part to the U.S. Sentencing Guidelines. The original intent behind the Guidelines was to help achieve more uniform sentencing across the country. Even though the Guidelines are no longer mandatory and have since been deemed advisory by the Supreme Court (meaning a judge ...
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  • Attorney Brad Bailey Featured on Fox25 Three Times for Two Cases

    Fox25 – a Fox News affiliate headquartered in the greater Boston metropolitan area – frequently relies on Attorney Brad Bailey of Brad Bailey law for legal insight and expertise regarding breaking criminal cases. The news group has once again consulted with Brad Bailey for two high-profile, newsworthy cases: the Aaron Hernandez double-murder case and the David Njuguna vehicular manslaughter case. ...
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  • Falsely Accused of Molestation? Defend Your Name & Future

    It may seem completely unfathomable to the average person but there are people out there that have no qualms about falsifying accusations of molestation. Although official numbers have never been determined, there are estimates that accusations of a crime as serious as rape are falsified or exaggerated 10% to 40% of the time. Why would someone want to lie about being molested or sexually ...
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  • Tewksbury Teen Dies After Being Slammed Into Ground at House Party

    A 15-year-old Tewksbury boy has died after allegedly having his head slammed against a concrete floor by an older teen at Halloween party on Friday, October 28 th , 2016 in Lowell, Massachusetts. According to prosecutors, the victim, since identified as 15-year-old Ethan Costello, had been drinking at the party when he bumped into 18-year-old Joseph Zagarella. Witnesses say Zagarella then ...
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  • What Is the Difference Between State and Federal Prosecution?

    In the United States, both the states and the federal government have the power to prosecute individuals for criminal offenses, with each having its own separate court system. Determining whether a defendant’s case will be tried in state or federal court largely depends upon the alleged crime committed and its associated jurisdiction, or the rights of the state and federal government to regulate ...
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  • Have You Been Falsely Accused of Statutory Rape?

    One of the worst things that can happen to you is to be accused of a crime you did not commit – especially if it is an alleged sex crime such as statutory rape. In the state of Massachusetts and many other states, statutory rape is the crime of having sexual intercourse with a minor under the age of 16, even if they allegedly consented. Accusations of statutory rape can inflict irreparable damage ...
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