When a jury enters a courtroom to deliver a verdict, there is a palpable tension in the air that is indescribable. Everyone is watching intently to catch some indication of their verdict, a nod or a smile, anything that gives some insight into the jury’s decision. For the defendant, these few brief seconds are a […]
On November 16, 2017, in Suffolk County Superior Court, a jury of twelve returned a verdict of not guilty in favor of Attorney Benjamin Duggan’s client. Attorney Duggan’s client was charged with, among other things, illegally possessing a firearm and ammunition. Due to certain sentencing enhancements, Attorney Duggan’s client was facing a minimum mandatory state […]
Can a Massachusetts prosecutor use a defendant’s refusal to take a breathalyzer test as evidence of drunk driving? The short answer is no, but understanding why this is the answer is a bit more complicated. Everyone is familiar with the Fifth Amendment to the United States Constitution’s provision that no person “shall be compelled in […]
When a person commits a crime and causes property to be damaged, destroyed, or lost, the issue of restitution may become relevant. Restitution comes into play when, as part of his punishment for the crime he committed, a defendant is ordered to pay the former owner of the property that he damaged or destroyed the value […]
It is routine that people who have been charged with a crime give relevant evidence to their attorneys so that they can obtain legal advice regarding that evidence. After all, without being able to take possession of such items, attorneys would have a difficult time advising clients their cases. This was what happened when disgraced […]
The top court in Massachusetts recently ruled that a so-called Dookhan Defendant – a person who entered a guilty plea on the basis of drug analyses certified by Annie Dookhan – “who has been granted a new trial based on Dookhan’s misconduct at the Hinton drug lab cannot be charged with a more serious offense […]
Two very recent legal developments that KJC Law Firm is closely following relate to our newly established criminal defense practice, headed by our associate, John Martin. In Commonwealth v. Gomes, SJC-11537 (January 12, 2015), the Supreme Judicial Court, which is the highest court in Massachusetts, recognized that “eyewitness identification is the greatest source of wrongful […]
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