Myth: The Victim can “drop” the case The Truth: Once a criminal charge has been filed, the victim is not a party to the court case, but merely a witness. The case is between the Government and the defendant. The victim has no right to come into court and demand that the case be dismissed. […]

The Supreme Court will once again take up the Confrontation Clause of the Sixth Amendment, and how it fits into the rules of evidence. Without getting into the complicated facts of the upcoming Hemphill case, I will try to distill what is at stake.  It is a well-established rule of evidence that a criminal defendant […]

Are state gun laws headed for a major overhaul by the United States Supreme Court? The case of New York State Rifle and Pistol Association v. Bruen, gun advocates are challenging New York’s regulatory scheme for obtaining a License to Carry a Concealed Firearm. At the heart of the case is whether New York can […]

Has COVID been good for criminal defendants? I have struggled with this question for the past year and a half. There have been some changes to court policies that argue in both directions. On the one hand, the repeated delays, lack of available jurors, and state-ordered pause on the Speedy Trial clock are bad for […]

If you think it was stupid to punish “Bong-hits for Jesus” banner at school-sponsored out-of-school event, then today’s SCOTUS case should concern you. Most liberals–myself included– side with the student who was disciplined for saying “fuck cheer” after not making varsity team. But this wouldn’t be obvious to someone listening to the tough questioning during […]

Thanksgiving time is a popular season for roadblocks and other mechanisms for stopping impaired drivers. One should not consume any mind-altering substance before driving. However, due to the active chemical’s lingering presence in an individual’s body, it is easy for innocent cannabis users to be accused of driving while impaired. To prevent unjust convictions, I […]

The attempt to shut down wholesale cannabis delivery licenses for Minority-owned companies, is a campaign of institutional racism by wealthy, mostly white-owned, established retail companies. I am a cannabis attorney and lifetime member of the National Organization for the Reform of Marijuana Laws (NORML) Legal Committee. I have counseled companies big and small, and currently […]

Though it took nearly four years, the Massachusetts Cannabis Control Commission will likely adopt something closely resembling the latest draft regulations for recreational cannabis delivery in the Commonwealth.* The regulations go a long way to give a leg up to smaller players. Most delivery licenses will be set aside for those applying pursuant to the […]

In one of his final opinions before passing, Justice Gants delivered a win to defendants claiming an insanity defense where drugs were involved. But the decision’s implicit recognition of a connection between cannabis and psychosis raises concerns. A new trial was awarded to an individual convicted of murder, who appeared to have schizophrenia. He was […]

The Criminal Defense community lost a great champion in Ruth Bader Ginsburg. Whether drafting an opinion, or dissenting, her eloquence on matters of privacy was unparalleled. I had the privilege of meeting her as an 8th -grader on a trip to Washington D.C.. Though physically slight in stature, as she spoke, he intellect became a […]