Most people look to hire a lawyer after they have been arrested and charged with a crime.
But if you are being investigated for a crime, having a lawyer can sometimes prevent you from ever being charged with a crime at all. [Read more…]
Smell of Marijuana Doesn’t Justify A Police Search – Massachusetts SJC
In a further expansion and clarification of search laws, the Massachusetts Supreme Judicial Court unanimously ruled that the smell of unburnt or fresh marijuana does not give police officers probable cause to order a search of a vehicle or person.
The ruling expands upon the 2011 decision in Commonwealth v Cruz that police can’t search a vehicle based on the smell of marijuana smoke emanating from a vehicle. [Read more…]
DEA Agents Threatening Mass Doctors with Medical Marijuana Ties
Agents with the US Drug Enforcement Administration have paid visits to at least three physicians tied to the Massachusetts medical marijuana industry, threatening them that if they don’t sever ties, they’ll lose their license to prescribe certain medications. The blackmail, as it’s being called by RT.com, seems to be an effort by the agency to circumvent the Obama Administration’s second-term efforts to lighten up on state-run medical marijuana programs.
“Here are your options,” DEA agents told Dr. Samuel Mazza. “You either give up your [DEA] license or give up your position on the board . . . or you challenge it in court.” [Read more…]
Mandatory Minimums in Juvenile Murder Cases
Juveniles convicted of murder in Massachusetts are now eligible for parole after 20-30 years on a 3 tier basis depending on the facts of their case. First degree felony murder becomes eligble after 20-30 years, first degree premeditated murder after 25-30 years, and first degree murder “with extreme cruelty” is only after 30 years.
But some critics, like Jon Keller don’t agree. His claim increasing mandatory minimums for juveniles convicted of 1st degree murder would “send a message” is nonsensical and cruel. And there is no evidence that higher sentences have any deterrent effect, particularly on kids who are not seriously considering the consequences of deadly and risky decisions. [Read more…]
Fear of the Worst Case Scenario When Facing a Criminal Charge
As a long time criminal defense lawyer, I get a lot of panicked calls from people who find themselves arrested and accused of a crime.
Sometimes in comes in the form of an odd legal question: What is the difference between a misdemeanor and a felony? Which am I facing? (Most charges are misdemeanors, and usually only felonies must be disclosed on a job application.)
Very often people call in terror after making a mistake, perhaps accidentally hitting another car and driving away without thinking. Am I going to jail??
What is the absolute worst case scenario? [Read more…]
I Know I Am Guilty. Should I Just Plead Guilty in Court?
A lot of people I speak you believe they are guilty, feel terrible about a mistake. They are ashamed, embarrassed, and just want to get the situation resolved and over with. They know they did the crime, and believe they are dead to rights. Maybe there are witnesses, videotape, or other incontrovertible evidence suggesting that you are guilty.
And we are taught as children that admitting guilt when we’ve made a mistake is the honest and honorable thing.
But I am here to tell you that you should still not plead guilty automatically. Here is why. [Read more…]