Criminal Justice

Risks and Rewards

Being a trial lawyer can be really stressful! I recently had a jury trial on a case that carried a mandatory minimum sentence (18 months) upon conviction. Anything other than a “not guilty” would have been a career ender for my client, at minimum.

District court level cases can be tried within one day. Such one day trials are preferable for all parties, including the jurors. Thus, to keep to a tight timeline, I agreed or “stipulated” to certain elements of […]

By |2024-10-31T21:28:10+00:00October 31, 2024|Criminal Justice|0 Comments

District v. Superior Court

Donald Trump Face Over Indictment PaperworkThere is a lot of news in the air around indictments, namely of a former President.  As that saga has been unfolding I’ve been able to answer to some questions regarding the court system, as inevitably, court coverage results in a lot of jargon.  As there is an order to the processes and procedures in courts, so too is there a highly specific form or language to […]

Trouble in P-aradise…

P-town

What do you think of when you think of P-town?  Beautiful sunsets… tea dance… shopping… partying… food… a welcoming environment… all of the above??  Provincetown, MA is a special place for many people, especially members of the LGBTQ community.  Located at the very tip of Cape Cod, P-town has been an oasis for our community for decades.  Each summer, thousands upon thousands of tourists arrive, via car, ferry, plane, or seaplane (!) to live it up in this one of […]

By |2024-03-11T02:06:47+00:00November 15, 2022|Court System, Criminal Justice, LGBT Rights|0 Comments

Mechanics of Plea Deals

Criminal cases are often resolved through plea deals.  So how exactly do they work?  Well, like most things in the court system, there is a form for it!  Take a look at the attached image, which is the front page of the “Tender of Plea” sheet.  Some lawyers refer to these as “green sheets,” as some courts print these forms on green paper, although many no longer do so. 

The most important part of this form is found in Section I, […]

By |2020-11-01T17:37:57+00:00December 11, 2019|Court System, Criminal Justice, Legal Overviews|0 Comments

No Deal!

Clients facing criminal charges are often eager to put things behind them by making a plea deal. That’s because open, or pending, cases can show up when applying for jobs, housing or professional licenses. While it is true that a major part of any criminal defense attorney’s job is structuring favorable plea deals, sometimes it is not in the client’s best interest to do so, at least not prematurely.

Cases in busy District (and Boston […]

By |2020-11-01T17:37:57+00:00November 25, 2019|Court System, Criminal Justice|0 Comments

Tripping Up On Probation

In many instances, those charged with crimes will end up with a sentence of probation as an alternative to doing time. But probation has its pitfalls. If you are on probation and your probation officer believes that you have failed to satisfy a “term or condition” of probation, your probation could be revoked and you could be incarcerated.

Probation violation hearings occur in two parts:

Part 1 is a Probation […]

By |2020-11-01T17:37:57+00:00May 13, 2019|Court System, Criminal Justice|0 Comments

911 Calls as Evidence at Trial

Can a 911 call be entered in evidence at trial? This is a question that I get often from clients, and the answer is “it depends.” At trial, the most powerful testimony is that of someone on the stand, speaking to the jury. Witnesses, oftentimes alleged victims of crimes, are afforded the opportunity to be heard. But sometimes witnesses are unavailable or unwilling to testify. What then?

The Supreme Court and the Massachusetts SJC have […]

Pre-Trial Diversion

At arraignment, an entry is created on a defendant’s Board of Probation (BOP) record. This record, sometimes called a “rap sheet,” is an overview of your criminal history and includes juvenile court records, adult court records and restraining orders. Judges have access to all this information and use it when making decisions regarding bail and plea deals.

As you might imagine, less is more; that is, the fewer entries on the BOP, the […]

By |2020-11-01T17:37:57+00:00December 28, 2018|Court System, Criminal Justice, Legal Overviews|0 Comments

The Power of the Jury Trial

There has been a lot written lately about how the jury trial is an endangered species. While it it true that most criminal complaints resolve short of a jury trial (through a plea deal) many cases can and must go to trial.

Many serious offenses in the Commonwealth, such as Indecent Assault and Battery Under 14, require those convicted to register as sex offenders; the laws are often written to prohibit defendants from making plea deals to avoid the registration requirement. […]

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