Does an expanded wiretap law mean greater protection from violence or less privacy? A Boston criminal defense lawyer weighs in. Earlier this month, Boston police arrested 14 people and broke up an international cocaine syndicate operated by the Boylston Street Gang, which police have described as one of the largest drug rings in recent Massachusetts history. According to Suffolk County District Attorney Daniel F. Conley, wiretaps played a critical role in allowing police to gather evidence … [Read more...]
Risks of False Exculpatory Statement
Boston criminal defense lawyer, Kevin J. Mahoney, explains how false exculpatory statements tend to show guilt In a prior post, I explained that exculpatory evidence is evidence that tends to show a defendant is not guilty. The risks of speaking with the pollce are many. Here, I will discuss the impact of a false exculpatory statement on a Boston criminal defense case. What is a false exculpatory statement? A person confronted by the police might make a statement that, on its face, … [Read more...]
Admissibility of Exculpatory Statements
Can prior exculpatory statements be admitted into evidence? The phrase “exculpatory evidence” is legalese for evidence that tends to show a defendant is not guilty or did not have the required criminal intent to commit the crime charged. As I explain it to my Boston criminal defense clients, it is evidence that tends to excuse or justify a defendant’s conduct, or to absolve the defendant of fault or guilt. If a Massachusetts criminal defense attorney were to try to introduce a prior … [Read more...]
House Arrest Instead of Prison or Jail
Boston criminal defense attorney, Kevin J. Mahoney, explains “home confinement” The possibility of jail time weighs heavily on the minds of my Boston criminal defense clients. A sentence of “home confinement” or “house arrest” offers an alternative to jail time. Who is eligible? House arrest is usually available, if at all, to those with minor, nonviolent crimes. Violent crimes are often punished by incarceration or committed time. Home confinement may be … [Read more...]
Magna Carta: The Foundation of Citizen Rights
Boston criminal defense lawyer, Kevin J. Mahoney, explains why the Magna Carta is still important today Who would have thought that a document written by English lords in 1215 would be so important to our system of democracy and justice today? As a Boston criminal defense lawyer – living and working in the city that is home to the Boston Tea Party and so much American revolutionary history – I am keenly aware of the historical significance of the Magna Carta. What is the Magna … [Read more...]
Massachusetts Sentencing Alternatives
“Am I going to jail?” If you are facing criminal charges, this question undoubtedly weighs heavily on your mind. The short answer is, “Perhaps not.” Depending on your situation, your Boston criminal defense lawyer may be able to help you avoid jail time.Am I eligible for a non-prison sentence? If you are convicted of one of the following offenses, you are not eligible for a non-incarcerative sentence; unless your criminal defense lawyer is able to identify extenuating circumstances, you are … [Read more...]
Attacking Search Warrants
Attacking a search warrant as overbroad or unsupported by probable cause The Fourth Amendment to the Constitution protects individuals from “unreasonable searches and seizures.” To comply with the Fourth Amendment, the search warrant must specify the crime or crimes to which the evidence is related. If there is no probable cause connection between the items to be seized and the crime under investigation, then the warrant is overbroad. This is so even if the warrant does establish … [Read more...]
Federal Sentencing Guidelines: Defendant Characteristics
Boston Criminal Defense Lawyer, Kevin J. Mahoney, Explains How Specific Characteristics of a Defendant May Play a Role in Sentencing In a federal criminal case, the Sentencing Guidelines allow the judge to consider whether a defendant’s particular characteristics are relevant to the nature, extent, place of service, or other aspects of a sentence. Specifically: Age may be a reason to depart downward from the Guidelines if the defendant is elderly and ill or frail, and if home confinement … [Read more...]
Federal Sentencing: Departures
Boston Criminal Defense Lawyer, Kevin J. Mahoney, Explains Guideline Departures in Federal Sentencing The Federal Sentencing Guidelines are long and complicated. (The 2011 Sentencing Guidelines Manual runs 548 pages.) It’s no wonder that, in my experience as a Boston criminal defense lawyer, every client charged with a federal crime has had questions about the possible sentence he is facing and has worried about the uncertainty of his future. The sentencing process in a federal criminal … [Read more...]
Incarcerating the Innocent
The National Registry of Exonerations -- A long list of wrongful convictionsPrepare yourself, because this may come as a shock to you: Our criminal justice system is not perfect. Law enforcement, prosecutors, and judges sometimes get it wrong.In my experience as a Boston criminal defense lawyer, I see mistakes made on an almost daily basis. Often these mistakes are trivial and can be rectified with little impact on the outcome of the case. Sometimes – and certainly more often than we should … [Read more...]
