On November 8th, 2016 Massachusetts became the first state in the eastern part of the U.S. to legalize marijuana. The legislation approved of by Question 4 will impose on regulated and approved marijuana retailers a 3.75% excise tax, increasing tax revenues for the Commonwealth, shift police and judicial resources to actual crimes, eliminate black market distribution of marijuana – as well as all the problems those distributors cause society – and ease the overcrowding of our jails and prisons. … [Read more...]
Cellphone Record Searches – Is a Warrant Required in Massachusetts
Cellphone Record Searches - Is a Warrant Required in Massachusetts from Kevin Mahoney The defendant argued that a search did take place and that a warrant was, indeed, necessary because the defendant had an “expectation of privacy” in the records. Also, that the information contained in the request for the records was insufficient to provide probable cause for a warrant. Learn more about cellphone record searches - is a warrant required in Massachusetts in this … [Read more...]
Federal Sentencing Guidelines: Understanding the Basics
Federal Sentencing Guidelines: Understanding the Basics from Kevin MahoneyThe Guidelines are not mandatory – they were originally intended to be mandatory but he Supreme Court held that making them mandatory violated a defendant’s 6th Amendment rights. Learn more about federal sentencing guidelines in this presentation. … [Read more...]
Taking Your Case To Jury Trial in Massachusetts
Article XII of the Declaration of Rights of the Massachusetts Constitution mirrors the right to a trial by jury found at the federal level and reads as follows. No subject shall be held to answer for any crimes or offence, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse, or furnish evidence against himself. Learn more about taking your case to jury trial in Massachusetts in this presentation. … [Read more...]
Profiting from Probation: You Have Rights if You are On Probation
Profiting from Probation: You Have Rights if You are On Probation from Kevin Mahoney If you are accused of a probation violation, you have the right to a hearing to face your accuser and defend yourself. The Supreme Court has ruled that you cannot be forced to go to jail when on probation simply for failing to pay a fine you genuinely cannot afford to pay. human rights violations. Learn more about profiting from probation you have rights if you are on probation in this presentation. … [Read more...]
Change in Venue Sought in Boston Bombing Case: A Guide to Why a Change in Venue May be Granted
Change in Venue Sought in Boston Bombing Case: A Guide to Why a Change in Venue May Be Granted from Kevin Mahoney A change in venue is appropriate when there is reason to believe a defendant will be unable to get a fair trial in the location where the case is currently scheduled to be heard. Learn more about change in venue in this presentation. … [Read more...]
Is Hacking a Cyber-Crime?
In today’s electronic world most people are familiar with the term “hacking.” Although the term lacks a universally accepted definition, it usually refers to the unauthorized entrance or intrusion into a computer network, system, or individual computer, typically for personal gain. Because hacking involves gaining access to a computer network, system, or individual computer without consent and often includes theft, espionage, unlawful review of protected data, and the destruction of files, it … [Read more...]
Federal vs. State Crimes
In the United States we operate under a federalist form of government, meaning that we have a central governing body (the federal government) as well as smaller local governing bodies (state governments). Our judicial system also follows a federalist model. Although the U.S. Constitution is the supreme authority in the United States, laws can be passed and enforced at both the federal and state level. If you have been charged with a criminal offense it is important to understand which system you … [Read more...]
History of the Jury System
In suites between man and man, the ancient trial by jury is one of the greatest securities to the rights of the people. Virginia Bill of Rights, 1788 To many, trial by jury is viewed as a recent, but enduring symbol of democracy. Others likely believe this right was first enshrined in our constitution. Few suspect it is a right dating to antiquity. From whence does the jury trial originate? Its roots trace back all the way to Anglo-Saxon practices imported to England following the … [Read more...]
What Are Some Different Types of Theft in Massachusetts?
If you have been charged with a theft crime in Massachusetts it is imperative that you take the charges seriously. Although theft offenses do not carry harsh judicial penalties if convicted, they can result in serious non-judicial penalties. Where theft charges were once considered minor offenses by an employer, for example, they are now frequently used to disqualify an applicant for employment. Likewise, theft crimes can lead to disciplinary action if you hold a professional license. If you are … [Read more...]
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