Articles Posted in Criminal Defense

In a Cape Cod criminal case, the Commonwealth has the burden of proving the defendant guilty beyond a reasonable doubt. If police acted illegally during the arrest or investigation of the case, it may be possible to have certain evidence excluded at trial. Even if a defendant is convicted, a case may be reviewed on…

If you are like millions of other Americans, you probably have a cell phone in your hand or in your pocket right now. As any Massachusetts criminal defense attorney can tell you, there is a lot of data on your cellphone that, potentially, could be used against you in court if you are accused of…

A person who has been accused of committing a crime has the right to remain silent. As any Cape Cod criminal defense attorney can tell you, exercising this right is vitally important. This is because, as we’ve all heard on television and in the movies, “anything you say can and will be used against you…

There’s an expression to the effect that “you can’t fight city hall.” While this statement is not always true (after all, an assertive Cape Cod criminal defense attorney may be of great assistance in defeating a particular accusation of wrongdoing), there is some truth to the sentiment that it can sometimes be a complicated endeavor…

Under the Sixth Amendment to the United States Constitution, a person who has been accused of a crime has certain rights, including the right to a speedy and public trial. Depending upon the circumstances, the defendant may have the right to have his or her guilt or innocence determined by a jury at trial. There…

A person who is suspected of operating under the influence (OUI) of drugs or alcohol on Cape Cod will probably be given a breathalyzer test at some point following his or her detention by police. Under Massachusetts law, there is a 15-minute waiting period prior to the administration of the test. The purpose of the…

Under the United States Constitution, the defendant in a criminal case has certain rights that, if violated, can potentially result in the reversal of a conviction. Among these rights are the Sixth Amendment rights to “a speedy and public trial” and “the assistance of counsel.” A recent decision by the nation’s highest court explored whether…

For most people, the most notable component of the Fifth Amendment to the United States Constitution is the right to remain silent (“[not] compelled in any criminal case to be a witness against himself”). However, another important part of the Fifth Amendment is the so-called Double Jeopardy Clause. Under the double jeopardy provisions of the…

Clearly, the United States Constitution guarantees the criminally accused the right to counsel. However, exactly when, and under which circumstances, that right first attaches is sometimes a point of contention. Recently, Massachusetts’ highest court was called upon to revisit this issue as it concerned a defendant’s right to counsel regarding whether or not to submit…

People accused of crimes in the United States are afforded certain rights under the U.S. Constitution. Included within these rights are the Fourth Amendment right to be free from unreasonable searches and seizures, the Fifth Amendment right to remain silent to avoid self-incrimination, and the Sixth Amendment right to a speedy and public trial by…