Unlike most calendar engagements during the COVID emergency, physical court attendance may be compulsory. According to an Order by the trial court, in-person hearings are gradually resuming. If you have a court date scheduled, and you do not feel safe in an enclosed space for multiple hours, call your attorney immediately. They can ask the […]

The current crisis has put the criminal court system in an unprecedented struggle to function. Court hearings are happening by telephone conference, or video-link (if you are lucky). The Supreme Judicial Court has already ruled that delays resulting from the current crisis, will not be applied toward a defendant’s Constitutional speedy trial rights. As a […]

It’s official. With the ruling in Fernandez v. California this week, the United States Supreme Court has just reclassified the Bill of Rights from endangered to dying. I know that sounds like hyperbole, but if there was ever a time to sound the alarm bells, it is now. Without getting into all the technical details, […]

“A fool for a client and an imbecile for a lawyer…” the old saying goes, when it comes to acting as your own lawyer. It is so true. Let me first say, I’m not talking about people who are legitimately too poor to hire counsel. I know better than most the importance of quality public […]

Until now, in Federal Court the law has acknowledged a jury’s power to nullify a verdict, but has also held that a criminal defendant has no right to instruct the jury that they have such power. But because of this new case, now the trial judge has the power to actively mislead jurors about the […]

A client recently asked me, “How do I find out what is on my official criminal record?” The answer is not simple, but here is the gist of it. Different people have different levels of access to official criminal information systems. Private databases gather this info from public records, and then sell it to the […]

UPDATE!!! Mistrial Declared. Prosecution incompetence, horrific waste of taxpayer dollars. Spending more money to refile may make Justice Dept. look worse. Either way, huge break for The Rocket. Article below still worth reading! They have his DNA, so case closed, right? Wrong! Though I cannot pretend to get in the minds of the jurors in […]

This underscores the aggressive push to go after stoned drivers. Though this article screams of pro-prosecution bias, it is worth reading to understand the developing issue. Pot drivers: Stoned drivers are uncharted territory – latimes.com

It’s 4th of July and that means DUI roadblocks will be out in force. Know your rights if you encounter one this weekend. If ever in doubt, default to this simple process: First, ask if you are free to leave. If the officer says you are, then leave. If the officer says anything other than […]

The Cape and Islands DA Michael O’Keefe should appoint a special prosecutor to investigate and possibly prosecute an incident where several off duty drug cops allegedly beat up a DJ at a bar. DJ accuses officers of beating him | CapeCodOnline.com As someone who has prosecuted cases myself, I understand the close relationship between prosecutors […]