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...]
Keeping Out Prior Bad Acts
Challenging the Prosecutor’s Evidence: Keeping Out “Prior Bad Acts” 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 … [Read more...]
Cross-Examination Tips: Witness’s Deal
How to Cross-Examine the Witness Who is in the Prosecutor's PocketIf a Boston criminal defense attorney has been practicing for any length of time, he well understands that it is common practice for prosecutors to make deals with witnesses in exchange for their testimony. The prosecutor may have agreed to a written deal establishing immunity for the witness, guaranteeing a plea bargain on lesser charges, or promising a positive word from the prosecutor at the witness’s own sentencing. Your … [Read more...]
Massachusetts Outlaws Poker While Creating Keno Addicts
My old man, a longtime Boston Patrolman, loved to bet on dog racing at Wonderland in Revere. It was a place for him to unwind from the job and a get a little thrill for a few bucks. But, in 2008, Massachusetts banned dog racing. To our liberal elite, betting on dogs racing in circles was unjustifiably cruel to the animals. And after all, what kind of knucklehead enjoys entertainment so mindlessly idiotic? Only problem, my old man was no knucklehead. He possessed a nearly genius level … [Read more...]
Armed to the Teeth
On January 8, 2011, armed with a 9mm Glock pistol Jared Lee Loughner, a mentally unbalanced individual, opened fire on a group of people. Before onlookers could subdue him, Lougher managed to critically wound Arizona Rep. Gabriel Giffords and kill five others, including Chief Judge John Roll and Giffords' community outreach director Gabe Zimmerman. Nitwit politicians eager to exploit the carnage quickly blamed the usual culprits – the religious right, Fox News, and Sarah Palin – for creating … [Read more...]
Texting Ban Invites Unnecessary Government Intrusion
Massachusetts today joins 29 other states that have banned texting while driving. While texting behind the wheel may reduce driver awareness, did we really need our beloved state legislators passing legislation banning the practice? After all, as any Boston Criminal Defense Lawyer knows, under G.L. c. 24(2)(a) it is already a criminal offense to operate a motor vehicle negligently. Some may argue that though texting while driving may be prosecutable under G.L. c. 24(2)(a), this recent … [Read more...]
Perfectionism, Punishment, Fear and Control
The dreaded blue lights and cop siren. Damn. We were under-aged and snookered, the car filled with a few six-packs and a dozen empties. Scott pulled over. The cop marched toward the car. Finding Scott . . . um . . . in his cups, he barked, “What’s wrong with you?” With that obnoxious flashlight, he looked the five of us over. Not a sober person in the bunch. He was livid and after castigating us demanded, “Which of you is the most sober?” Someone volunteered, but I’m damn sure it wasn’t me. … [Read more...]
Stephanie Grace and the First Amendment
Published in the Boston GlobeThe Politically Correct are attempting to destroy Stephanie Grace. And what exactly is her crime? She simply noted in an email to a friend, “I absolutely do not rule out the possibility that African-Americans are, on average, genetically predisposed to be less intelligent.’’ First and foremost, she does not state that African-Americans are less intelligent than Caucasians or any other race. Second, Ms. Grace did not “publish” her position or proclaim her position … [Read more...]
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