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The Kickham Comment - Boston Criminal Attorney Blog

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Should Domestic Violence Laws Include Protection For Pets, Too?

Over the past few years, the number of calls that I receive as a Massachusetts domestic restraining order attorney, on the subject of Massachusetts domestic violence arrest and charges, has increased substantially.  A great reason for this spike has to do with new legislation that was passed a few years…

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Is Kevin Spacey Going To Choose A Trial, or Plead His Case Down To Avoid Risk Of Conviction?

Now that summer is here and people are again flocking to Cape Cod & the Islands, a lot of people have been looking at news on actor Kevin Spacey.  As most everyone who knows this name knows, Spacey (real name:  Kevin Fowler), was charged last January in Nantucket District Court…

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Massachusetts Federal Court Convictions Finally Punish The Real Drug Pushers In Opioid Crisis

As a Massachusetts drug crimes defense attorney, I have watched for years as countless citizens have been arrested and prosecuted for a wide variety of Massachusetts drug offenses – the majority of them needless prosecutions caused by the now half-century old “War on Drugs” that the federal government has used…

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Massachusetts Traffic Tickets:  An Abused System & How To Win at Appeal

Most of my time as a Massachusetts criminal defense attorney is spent on defending very serious charges, such as Massachusetts sexual assault charges, Massachusetts domestic violence charges, Massachusetts larceny charges, Massachusetts drug charges, and more.  But life here in Massachusetts can be made miserable on a legal level in more…

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SJC ISSUES NEW RULING ON WITHDRAWN CONSENT IN RAPE CASES.

Here’s a twist on an old issue involving Massachusetts rape charges: A victim claims she/he was raped. Importantly, before going further, let’s make sure that we understand what the legal elements of rape are in Massachusetts, which are as follows: 1) Penetration of any bodily orifice by any part of…

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Gov. Baker Files Proposal To Address Driving and Marijuana: Logical, but Still Flawed

Governor Charlie Baker filed a bill this past Wednesday adopting a state panel’s recommendations to deal with police stops of drivers suspected of being impaired due to cannabis use. Even though I’m a very serious safety advocate, as a Massachusetts OUI/DWI attorney, I have one major objection to this bill,…

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UPDATE – Part Two of Two: Massachusetts Judge Extends Exclusion of Alcotest 9510 Breathalyzer Evidence, Until Commonwealth Cleans Up Its Testing Protocols

In my immediately preceding post on this subject, I discussed the background of how it was discovered that a high number number of breathalyzer test results in Massachusetts OUI/DUI cases across the state, were tainted by failures by the Massachusetts Office of Alcohol Testing (OAT) to either make sure that…

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UPDATE: District Court Judge Extends Exclusion of Alcotest 9510 Breathalyzer Evidence in Massachusetts OUI/DUI Casses

As I’ve reported on previously in this blog, the office within the Massachusetts Department of Public Safety & Security that is responsible for the maintenance and annual certification of Breathalyzer machines used by police departments in Massachusetts – the Office of Alcohol Testing (OAT) – has for over two years…

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New Federal Regulations For College Sex Assault Investigations Spur Debate

My previous post on this subject discussed new regulations proposed by U.S. Education Secretary Betsy Devos, for use by colleges and universities that investigate allegations of sexual abuse, sexual assault or sexual harassment by students. Under the proposal, fewer allegations would be considered “sexual harassment”, and colleges and universities would…