Deciding about accepting a plea deal is not an easy decision to make. Adhering to the advice of an experienced criminal defense attorneycan help you reach a favorable outcome. As a criminal defense attorney, I have helped my clients negotiate favorable plea deals and take cases to trial. Read on to learn whether or not accepting a plea deal is in your best interest.
One of the more highly profiled criminal defenses, especially in cases involving murder or attempted murder, is insanity, meaning that the defendant was insane at the time of the crime. This criminal defense strategy is often popularized in movies and by the media and often brings a touch of drama to the courtroom when presented as a viable criminal defense. When facing an insanity defense, juries are disinclined to find for a defendant asserting an insanity defense. Presumably this is because it is very hard to imagine someone committing the alleged crime, especially if it is heinous or shocks the conscious, and not being aware that the crime being committed is wrong.
Mistaken identity is one of the leading causes of wrongful conviction. Mistaken identity is a criminal defense that is raised by a defendant that asserts that a witness, usually an eyewitness, is mistaken in his or her memory that the defendant is the perpetrator of a crime. While the witness may claim to have seen or heard the accused commit the crime, the witness is actually mistaken and the defendant is not the individual that perpetrated the crime.
When accused of a crime, there are a number of defenses that can be raised by the accused/defendant. One of the most commonly raised defenses used when charged with assault and battery, and even murder, is the act of self defense. Self defense is a criminal defense that can justify a defendant’s use of force or a weapon against another person.
Anyone can be arrested for driving under the influence of alcohol. A glass of wine at happy hour can subject you to stiff fines and penalties once you get behind the wheel. Being arrested does not make you a bad person, but merely shows the lapse in judgment you may have made.
Recently, Olympic gold medalist Michael Phelps got another drunk driving arrest. Law enforcement officials claim Phelps was speeding when they pulled him over and failed a series of field sobriety tests. Phelps was charged with a DUI, excessive speeding, and for making illegal lane changes. Phelps immediately acknowledged the arrest and issued a statement apologizing for his conduct. He made a lapse in judgment and is now suffering the consequences.
Many people who are charged with gun possession crimes are not career criminals. Instead, they were in the wrong place at the wrong time or lacked understanding in complicated state firearm legislation. Consequences for weapons violations can be costly, both professionally and personally, but they can be avoided when armed with the right information, advice and representation by a Massachusetts gun violations attorney.
In the State of Massachusetts, a firearm identification card, or FID, is required to purchase or carry a weapon, as defined and specified by Massachusetts general law. A Class A FID permits the owner to carry a gun open or concealed, while a Class B license only permits open carry. Penalties for a violation conviction start at a mandatory one-year jail sentence and become increasingly severe if the weapon was in possession at the time of another crime, even if the crime was non-violent and did not involve a weapon. Such a conviction can also lead to the revoking of any weapons license. Also, despite the possession of an FID card, it is illegal to carry a weapon if the person is under the influence of drugs or alcohol, on school grounds, or in a secure area of the airport.
Should criminal accusations regarding domestic assault and battery subject someone to losing their job? No! Mere accusations of criminal activity does not constitute guilt. So what is behind the public outcry demanding the automatic suspension of football players accused of domestic assault and battery? Obviously not due process.
Due process is a fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one’s life, liberty, or property. Also, a constitutional guarantee that a law shall not be unreasonable, arbitrary, or capricious.
The Fourth Amendment of the Constitution of the United States limits the power of the police to make arrests and conduct searches on individuals and their property. To honor the privacy of the individual, searches and seizures are considered to be unlawful and are dismissible in a court of law if they are deemed unreasonable. However, there are certain exceptions within the 4th amendment that allow for searches and seizures to take place.
Being charged with a DUI in Massachusetts can be a traumatic experience and could happen to just about anyone. After facing charges, you might wonder if you should contact a drunk-driving attorney. You may also be curious about how you will be prosecuted and what consequences you will face, both personally and professionally. Read on to learn more about what you should do when facing a drunk-driving charge.
If you have been served with a Restraining Order, or Order of Protection, you should take immediate action to consult with an experienced Massachusetts restraining order defense attorney. A competent abuse and harassment restraining orders attorney can help protect your constitutional rights and get the civil complaint asserted against you dismissed. Unfortunately, several individuals in the Boston area are wrongfully accused of committing acts of violence such as domestic assault or battery against their spouse or significant other. For example, it is not uncommon for an disgruntled spouse to make false statements of domestic violence in order to get a restraining order during divorce proceedings.
If you have been served, I invite you to contact me for a free phone consultation. Call 978-975-8060 to speak with me directly. I provide restraining order legal representation to residents of Lawrence, Lowell, Haverhill, Concord, Ayer and Newburyport, Massachusetts.
Read on to learn more about Chapter 209A and Chapter 258E orders.