May
15

Challenging Chain of Custody of Evidence

0 Comments   Published in Forensic Evidence   Posted by Kevin J. Mahoney
If the evidence cannot be authenticated, then it cannot be relied upon as trustworthy by a judge or jury, thereby potentially severely undermining the value of any forensic expert testimony. Any number of events or factors could break the chain of custody.Read More »
May
05

Proving a Drug Crimes Charge

0 Comments   Published in Drug Crimes,    Posted by Kevin J. Mahoney
Drug trafficking is a serious criminal offense in Massachusetts. If you are convicted, you are facing a mandatory prison sentence. You need an experienced Boston drug crimes lawyer to review the facts of your case, assess your legal options, and help you present your best defense.Read More »
May
03

Sex Crimes Penalties in Massachusetts

0 Comments   Published in Sex Crimes,    Posted by Kevin J. Mahoney
If you have been accused of a sex crime in Massachusetts, you face a host of serious penalties, including significant prison time. Though Massachusetts has a reputation as a liberal state, it severely punishes criminal defendants accused of sex offenses.Read More »
Apr
29

Must a Judge Impose the Sentence Required by the Federal Sentencing Guidelines?

0 Comments   Published in White Collar Crime,    Posted by Kevin J. Mahoney
The law governing sentencing in Federal criminal cases has changed significantly over the past 25+ years. When the Congress mandated Federal judges follow the Federal Sentencing Guidelines it deprived them of sentencing discretion that they had previously enjoyed. Here is a brief overview of how the Federal sentencing judge’s role has changed over the years:Read More »
Apr
25

Admissibility of Forensic Expert Testimony

0 Comments   Published in Forensic Evidence,    Posted by Kevin J. Mahoney
Under Daubert, a Federal prosecutor may present expert testimony to the jury only if the testimony is “reliable” and relevant to the issues at hand. To determine the reliability of the expert’s testimony, the court will consider (a) the reliability of the scientific method used by the expert; (b) the results of peer review; (c) the error rate of the expert’s methodology; and (d) the possibility of repeated testing using the same scientific methodology.Read More »
Apr
24

Using the Rape Kit to Free a Defendant

0 Comments   Published in Sex Crimes,    Posted by Kevin J. Mahoney
Every alleged victim who reports a sexual offense at a Massachusetts emergency room is offered a “rape kit” examination. If you have been charged with rape, the results of the rape kit examination likely are a key piece of evidence in the prosecution’s case against you. The outcome of your case and your freedom may depend on your Boston criminal defense lawyer’s success in challenging the reliability of the rape kit evidence.Read More »
Apr
23

Reasons Women Make False Rape Accusations

0 Comments   Published in Sex Crimes,    Posted by Kevin J. Mahoney
Once an alleged victim makes a false accusation, it can be very difficult for her to withdraw it without great shame and embarrassment, both private and public. An alleged victim may face criminal charges for making a false police report or a civil lawsuit for slander. She may worry about losing the support of her family and friends if she admits to a false accusation. Accordingly, it can be difficult to persuade an alleged victim to take back a false claim of sexual assault.Read More »
Apr
19

Sex Crimes Evidence: First Complaint

0 Comments   Published in Sex Crimes,    Posted by Kevin J. Mahoney
Under the first complaint doctrine, the prosecution may call only the first witness in whom the alleged victim confided regarding the sexual assault or rape. The length of time between the alleged assault/rape and the disclosure to the witness no longer matters. However, only the first witness can testify about what the alleged victim said.Read More »
Apr
08

Keeping Out Prior Bad Acts

0 Comments   Published in Trial Strategy,    Posted by Kevin J. Mahoney
You are entitled to a fair trial. If you have a criminal record, the prosecutor may try to introduce evidence of your “prior bad acts” in your criminal trial. This type of evidence is allowed (is “admissible”) only in limited circumstances, but do not expect the judge or the prosecutor to guard your rights in this regard. You need a savvy Boston criminal defense lawyer, who understands the rules of evidence, to prevent prior bad acts evidence from reaching the jury and unfairly influencing the outcome of your trial.Read More »
Mar
20

Cross-Examination Tips: Witness's Deal

0 Comments   Published in Cross-Examination,    Posted by Kevin J. Mahoney

For the criminal defense lawyer there may be few witnesses as challenging to cross-examine as those motivated by a desire to please the prosecutor. Though these witnesses can be cross-examined aggressively, it is important to strike with precision. Here are some tips for cross-examining the snitch.

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Apr
14

Massachusetts Outlaws Poker While Creating Keno Addicts

0 Comments   Published in   Posted by

While our government retains expert marketers to manipulate the lonely, the troubled, and the gaming addicts to squander their meager incomes on scratch tickets, lotteries, and Keno, our Attorney General, whose drive to punish those citizens who have run afoul of her Office’s myriad of regulations nearly matches her craving for publicity, is ready to pounce if she catches you drawing to a flush.

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Jan
24

Armed to the Teeth

0 Comments   Published in   Posted by

There is simply no way to “control” access to guns when handguns and assault weapons are as easily purchased on our streets as day old bread.

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Sep
22

Texting Ban Invites Unnecessary Government Intrusion

0 Comments   Published in Motor Vehicle Offenses,    Posted by Kevin J Mahoney

Because of this legislation, police are now empowered to stop a motorist if they see him simply holding a cell phone – not actually texting.  Looking to see who’s calling you?  You can be stopped.  Making a call?  You can be stopped.  Checking the time?  You can be stopped.  Using your iPhone as a GPS device?  You can be stopped.

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Sep
09

Perfectionism, Punishment, Fear and Control

0 Comments   Published in Crime & Punishment,    Posted by Kevin J Mahoney

We fear each other, and it’s this apprehension that feeds our vigilance.  Fail to punish the intoxicated driver, goes the reasoning, and he will kill someone someday.  Punishment averts possible disasters.  Should the punishment fall short, its medicinal inadequacy isn’t raised, just the dose.

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May
07

Stephanie Grace and the First Amendment

0 Comments   Published in First Amendment & Free Speech,    Posted by Kevin J Mahoney

The Politically Correct are out to destroy Stephanie Grace -- not because of what she wrote in an email about possible genetic differences between the races but because of what she had the audacity to think.

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