Criminal Defense Questions

Does Massachusetts have a 3 Strikes Law?

Many states, including Massachusetts, have what is called a “Three Strikes Law.” This rule mandates life sentences for repeat violent offenders. Under this law, a Massachusetts judge must impose the maximum sentence for a person’s third violent felony offense. Any single person convicted of three separate felonies can be sentenced to 25 years to life in prison, even if each

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Can the police look at my cell phone if I am detained or arrested?

The Fourth Amendment to the U.S. Constitution protects you from unreasonable government searches and seizures, including your electronic and smart devices. Whether you’re being held under detainment or arrest, you still have protective rights. To start, before speaking to any law enforcement official, you can state you do not wish to answer any questions without your attorney present. In many

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Can the police look at my cell phone if I am detained or arrested?

The Fourth Amendment to the U.S. Constitution protects you from unreasonable government searches and seizures, including your electronic and smart devices. Whether you’re being held under detainment or arrest, you still have protective rights. To start, before speaking to any law enforcement official, you can state you do not wish to answer any questions without your attorney present. In many

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Does it really matter if I skip jury duty?

Yes—yes it does. Skipping jury duty is an easy way to land yourself in completely unnecessary trouble. Massachusetts makes it rather difficult to miss or skip your service date. There are many chances to make right on your having skipped jury duty, but they are all time-consuming and potentially nerve-wracking. After missing jury service, you will receive a “Failure to

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I hear police say they are detaining a suspect while putting them in handcuffs. What is the difference between detention and arrest?

It’s important to understand the differences between detention and an arrest because your rights change drastically from one to the other. Anyone can be detained. The police only need reasonable suspicion to stop an individual. It is required by law that when an officer stops someone, the officer has either a search warrant, probable cause to search, or reasonable suspicion.

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What constitutes “malicious” destruction of property?

“Malicious” is what separates a crime from an accident that happened to destroy someone’s property. It is also worth noting that the statute covers both “destruction” and lesser “injury” to another person’s belongings, physical or digital. In Massachusetts, the law is primarily concerned with three things: intention, motive, and cost of the destroyed property. The Commonwealth’s General Code states that

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The MA state police face ongoing scandals over altering police reports and overtime sheets. Does this give me grounds to contest or question state police reports used against me in court?

The ongoing revelations of misconduct by the State Police are certainly disturbing. If you have not been following the scandal over the past year, here is a summary of what we have learned so far: -There has been widespread abuse of the overtime system by state troopers at least since 2011. Troopers would claim overtime for shifts they never worked.

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Field Sobriety Tests in Massachusetts

In order to identify citizens who are driving under the influence of alcohol and certain drugs, police will often use Field Sobriety Tests to determine if a driver is under the influence. A driver is said to be under the influence of alcohol if their blood alcohol concentration is above 0.08%, and in commercial drivers the limit is set at

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