Welcome to Our Blog

  • Insider Trading Ring Draws New Guilty Pleas

    Last year, the business world was rocked by the news that more than seven individuals stole over 5 million dollars in illicit funds, by means of an insider trading ring that spanned across the country. The alleged trading ring, run by a former Bank of America employee named Daniel Rivas, first came to national attention in August 2017, when the Justice Department and Securities Exchange Commission ...
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  • Thousands of Flawed Breathalyzers Caused False OUI Convictions

    When former chemist Annie Dookhan was convicted of tampering more than 20,000 lab samples in her time at Hinton State Laboratory, it shook the state of Massachusetts. Because of one individual’s contempt for the law, thousands of defendants’ lives were ruined by unjustified drug convictions. Thankfully, the use of Dookhan motions allowed justice to prevail in some cases, and our Boston drug crimes ...
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  • The Elements of a White Collar Crime

    White collar crime refers to those criminal offenses that use some form of deception to produce financial gain. These crimes are often committed by business professionals and government employees since they are able to gain access to large amounts of other people’s money. They are typically victimless and do not involve violence, drugs, or overtly illegal activities. Most white collar crimes are ...
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  • Common Defenses for White Collar Crimes

    If you are currently under investigation for a white collar crime , it is important to seek legal counsel from a skilled criminal defense attorney—even if you haven’t been arrested yet. A conviction can result in serious state and potentially federal penalties, punishable by years in a federal prison or exorbitant fines. Furthermore, having a criminal record can cause substantial damage to your ...
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  • How the Insanity Defense Works in Massachusetts

    You’re probably familiar with the insanity defense, but do you understand how it works, how a defendant may be found not guilty by reason of insanity, and what the outcome of such a ruling is? No, an insanity defense does not claim that a defendant is innocent, but rather that they did commit the criminal act, but are not legally culpable for their conduct because of poor mental health. A defense ...
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  • What Is Wire Fraud?

    Wire fraud is one of the most serious white collar felonies on the books. Every year, fraud costs the U.S. economy trillions of dollars. As a result, the government fiercely prosecutes those suspected of fraud to reduce fraudulent activity in the future. Sadly, these overly-enthusiastic pursuits can result in innocent people getting caught up in the criminal justice system over misunderstandings ...
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  • Overall Crime Down in Boston, But Murders Up Significantly

    Murders jumped 50% in Boston during the first half of this year compared to last, while overall crime is down 5%, according to statistics released by police last month. Between Jan. 1 and June 10, 24 people were killed in the city—8 more than the 16 murdered in the first six months of 2017. “Five of them have been stabbings, which is very unusual for us,” said Police Commissioner William Evans. ...
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  • What Is Health Care Fraud?

    Unlike other health law matters, health care fraud cases progress very quickly and carry significant penalties and fines. In recent years the federal government has teamed up with state and local government to aggressively identify and stop health care fraud. Investigators are often ruthless and use informants, previous employees and others with potential inside information to assist in the ...
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  • How to Defend Against Sex Crime Allegations in the #MeToo-Era

    At Brad Bailey Law, we routinely defend clients who have been accused of sex crimes in courtrooms throughout Middlesex, Essex, Norfolk and Suffolk County. During this time, we have witnessed first-hand the way that the #MeToo movement has changed the back-drop for how these cases are now being tried before juries. We’re not saying that accused sex offenders can no longer get fair trials; they ...
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  • Shoplifting Charges in Massachusetts

    Not all crimes are created equally, but they can all potentially result in serious consequences for an offender, including fines, probation, jail time, and a criminal record. Shoplifting is one of those crimes that people often view as a minor, non-violent criminal offense. Stealing a beer from a convenience store may not be thought of on the same level as robbery, but it can in Massachusetts. ...
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  • What Police Don't Tell You About Field Sobriety Tests

    After you get pulled over by the police you’re probably nervous, even if no crime has been committed. It’s normal to feel anxious, but unfortunately, that can disrupt your decision-making process, often leading to poor choices. One of those poor choices is taking a field sobriety test. A common misconception is that because of implied consent laws, you’re required to take a field sobriety test. In ...
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  • Crying CW

    I just finished a sex crimes trial. The courtroom was small and intimate. The complaining witness was seated two rows behind me, when I gave my Closing Argument. Her row was no further than six to seven feet away from the edge of the jury box. Each time I pointed out inconsistencies between her testimony and prior statements, she began to sob loudly. Her crying became even louder whenever I ...
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  • What Is the Presumption of Innocence?

    A bedrock principle of the American criminal justice system is that a defendant accused of a crime is presumed innocent until proven guilty beyond a reasonable doubt. This protection comes from the due process guarantees in the Fifth and Fourteenth Amendments of the U.S. Constitution. It exists to guard against convictions based on factual error. You may wonder, especially if you are involved in a ...
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  • Order of Closing Argument

    As a trial lawyer who has been conducting jury trials for 35 years, the last 20 years strictly as a defense attorney, I have a hard time accepting long-standing procedural protocols in certain state courts, including Massachusetts, whereby the defendant is the first to give Closing Argument. Yes, I understand the order that arguments are given is premised on the prosecution having the burden of ...
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  • Can You Be Arrested for Self-Defense?

    Our country’s laws allow us to protect ourselves. As part of your Constitutional right, you have the right to “security of person,” which means you have the right to protect yourself from harm, such as in instances of assault and battery, domestic violence or even destruction or theft of property. Unfortunately, a police officer may arrest you even if you did nothing wrong. Is self-defense really ...
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