Supreme Court Rules that Those Arrested for Minor Offenses may be Subjected to a Strip Search as Part of Jail Intake Procedure As the following recent Supreme Court decision illustrates, when you are arrested, you must check your pride, as well as your freedom, at the jailhouse door. You do not, however, have to forfeit your rights under the Constitution. If you have concerns about the way you or a loved one was treated after an arrest, you should discuss those concerns with an experienced … [Read more...]
Challenging Chain of Custody of Evidence
Why is chain-of-custody evidence important to your Boston criminal defense lawyer? If the prosecutor is building his case against you based on forensic evidence, your Boston criminal defense lawyer will closely examine the chain of custody. A break in the chain of custody may fatally undermine the reliability of the evidence and the defense lawyer may file a motion to suppress that evidence.The “chain of custody” is the “roadmap” for the evidence gathered in a criminal case. By following the … [Read more...]
Proving a Drug Crimes Charge
Elements of a Massachusetts Drug Trafficking Case 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.In order to obtain a Massachusetts drug trafficking conviction, the Commonwealth must prove each of the following elements beyond a reasonable doubt: (1) “Trafficking” … [Read more...]
Sex Crimes Penalties in Massachusetts
Boston criminal defense lawyer, Kevin J. Mahoney, has a consistent record of obtaining acquittals for his clients accused of sex crimes.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. Here is a brief overview of the consequences of a conviction:- Indecent assault and battery: Massachusetts … [Read more...]
Must a Judge Impose the Sentence Required by the Federal Sentencing Guidelines?
How Much Discretion Does a Federal Judge Have Under the Federal Sentencing Guidelines? As experienced Boston criminal defense lawyers know, 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 … [Read more...]
Preserving Evidence Following OUI Arrest
If you have been arrested for driving under the influence, you may think you have no chance of avoiding a harsh criminal sentence, but the case against you might be weaker than it first appears. There are certain steps you can take that might help your Boston criminal attorney successfully defend you. If you attempted field sobriety tests, bring the shoes you were wearing to your attorney so that he can evaluate them. After, the heel-to-toe test or the one-leg-raise test are … [Read more...]
Admissibility of Forensic Expert Testimony
Admissibility of Forensic Evidence in Federal Criminal Trials In a criminal trial, forensic evidence – including, for example, DNA evidence, toxicology evidence and fingerprint evidence – is presented to the jury through expert testimony. This testimony may significantly affect the outcome of the case. Your criminal defense lawyer must know the law that governs expert testimony and the science that underlies the expert’s testimony in order to mount an aggressive challenge to … [Read more...]
Using the Rape Kit to Free a Defendant
Challenging “rape kit” evidence in a Massachusetts sex crimes case 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 … [Read more...]
Reasons Women Make False Rape Accusations
Defending against false accusations of sexual assault or rape In a case of rape or sexual assault, the prosecution may subtly encourage jurors to assume the “victim” is telling the truth because, “Why would anyone make up something so terrible and subject herself to this grueling legal process?” This is an insidious question. In my experience as a Boston criminal defense lawyer, there are a number of reasons a “victim” might make a false accusation of rape or sexual assault, including:To save … [Read more...]
Sex Crimes Evidence: First Complaint
Boston sex crimes defense lawyer, Kevin J. Mahoney, explains the “first complaint” doctrine in Massachusetts rape cases If you or your loved one has been charged with rape, witness testimony will play a key role in the outcome of your case. In Massachusetts, witness testimony in rape cases is governed, in part, by what is known as the “first complaint” doctrine. First, a bit of background: Prior to 2005, the “fresh complaint” rule determined whether a … [Read more...]
