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Criminal Defense

Recent Posts in Criminal Defense Category

  • Proposed Resolution Could Require Defendants to Prove Innocence

    The American Bar Association’s (ABA) Criminal Justice Section and Commission on Domestic and Sexual Violence proposed a resolution to the organization that would change the standards applied in criminal sexual assault cases. Essentially, the proposal would shift the burden to defendants in these matters, making them prove that they received affirmative consent from the alleged victim before and ...
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  • Hate Crimes in Massachusetts

    A hate crime is a criminal offense against an individual or group that is motivated by bias or prejudice against a particular race or social group. In other words, you can be charged with a hate crime if your criminal target someone else because of their race, nationality, gender, sexual orientation, religion, or disability. Massachusetts law addresses three types of hate crimes: hate crimes ...
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  • Hiring a Former Prosecutor as Your Criminal Defense Attorney

    Being arrested for a serious crime can be a traumatic, confusing, and frustrating situation. Not only does a conviction lead to a jail or prison sentence, but also a permanent criminal record that can make it extremely difficult to get/maintain a job, find housing, apply for college or a professional license, and take advantage of other opportunities in life. When choosing a criminal defense ...
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  • Do the Police Have to Identify Themselves When You Ask?

    At one point or another, most of us have heard someone say, “If you ask a cop if they’re a cop, they have to tell you.” Usually, this “life hack” gets passed around at a party, or discussed after a friend has a run-in with the law. But is there any truth to it? Are police officers really like vampires — in some folklore — that can’t lie about their identities? No, unfortunately not. In many ...
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  • What is an Affirmative Defense to a Criminal Charge?

    You might be accustomed to thinking that any criminal defense strategy will rely on defeating the supposed facts brought forth by the prosecution and the state. While this is certainly a good way to shut down the opposition, it is certainly not the only way to do it. With an affirmative defense, you and your criminal defense attorney can take a different approach to your defense by not necessarily ...
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  • Understanding Massachusetts Arson Laws

    Because arson is an expensive and high-profile crime, prosecutors are relentless about pursuing these cases. The National Fire Protection Association estimates that an average of 200,000 intentional fires are started each year, and that they may cause up to $1 billion worth in property damage , for both the government and private property owners. Naturally, the government has paid attention to ...
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  • Rapid DNA Machines Spell Trouble for Constitutional Rights

    As the use of Rapid DNA machines continues to spread, some police officers can now get nearly automatic DNA test results , right from the comfort of their own precincts. However, forensic experts are already raising red flags about these “magic” DNA devices – and how they could impact our Constitutional rights to privacy and due process under the law. As a Boston criminal defense lawyer, our ...
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  • How Is the Confrontation Clause Applied Today?

    The American legal system was built on the principle that everyone deserves an impartial, public, and “speedy” trial when they stand accused of a crime. As part of that principle, the 6 th Amendment of the Constitution includes a section called the “Confrontation Clause.” Stating that “in all criminal prosecutions, the accused shall enjoy the right… to be confronted with the witnesses against ...
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  • How to Defend Yourself Against Title IX Accusations

    Being accused of a crime is always terrifying, especially if you believe you are innocent. But when you’re a college student facing a Title IX disciplinary investigation that could permanently affect the rest of your future – and may have already hobbled your access to education and other resources – “terrifying” doesn’t even begin to describe the feeling. Although sex crimes can and do happen on ...
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  • 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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  • 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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  • 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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  • 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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  • What You Need to Know About Indecent Exposure

    Laws surrounding indecent exposure make it a crime for any person to knowingly and purposefully display their genitals in public, especially when it offends or alarms other people. While indecent exposure is usually committed for sexual gratification or in an attempt to entice a sexual response, embarrassing acts such as public urination, inadvertent public sex acts or other displays of nudity in ...
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  • Long-Term Costs of a Juvenile Criminal Conviction

    Roughly 1.3 million children under the age of 18 are arrested each year in the U.S. As a parent, you never expect your own kids to be part of that statistic, but unfortunately it happens. While it’s easy to dwell on their arrest, it’s extremely important that you act quickly and hire an experienced criminal defense attorney for them. You should never take a juvenile crime lightly, because the ...
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  • Is Drug Trafficking a Felony or Misdemeanor?

    Depending on the amount of drugs, the type of drugs, where they were found, intent, and whether or not they were being shared, possession of a controlled substance can be a misdemeanor. Drug trafficking/distribution, on the other hand, is a felony and is considered a much more serious crime than simple possession. If you are found in possession of a controlled substance, you could be charged with ...
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  • 6 Three Strikes Law Pros and Cons

    In 2012, Massachusetts became the 27 th state to implement a “three strikes” law, making criminals who have been convicted three times of specific crimes ineligible for parole, forcing them to serve their full sentence. While the bill was touted as only affecting “habitual offenders,” it has been criticized for its lack of judicial discretion and dramatic increase in the types of crimes (1 to 19) ...
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  • Consequences for Money Laundering in Massachusetts

    Money laundering is the process of concealing the origins of illegally obtained money and making it appear legal, or “clean.” Typically, this process involves three steps: placement, layering and integration. First, the illegal funds are introduced into a legitimate financial system. Next, the money is moved around, whether it’s by transfer or wire, through several accounts. Finally, it is ...
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