In a recent landmark decision, the Massachusetts Supreme Judicial Court (SJC) ruled that a search warrant was required for police to utilize pole cameras to record a suspect’s home for months of video surveillance. The higher court addressed privacy implications of pole cameras that target private homes. The court ruled that although the conduct was not […]
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Commissioner Override
Mental Health and Criminal Proceedings About the author: Joseph Simons is an experienced criminal defense attorney practicing in Massachusetts. Leading a boutique defense firm, Simons has developed a substantial niche practice advocating for people suffering from mental illness who end up in the criminal system. His cases have led to notable decisions in trial courts […]
May 26, 2020 COVID-19 Massachusetts Court Update
Unsurprisingly, the Massachusetts court system just issued a new round of orders related to COVID-19. These only apply to state court and not federal court. Among the newest orders, which take effect June 1st, here are some of the highlights: While the order is silent as to clerk magistrate hearings, it seems a fair guess […]
MA Courts Remain Closed Until June 1, 2020
Courts stay closed for another month The Supreme Judicial Court (“SJC”) just announced that courts across Massachusetts will remain closed to in-person hearings. In addition, the SJC further ordered that no jury trials can be held until at least July 1, 2020. The good news is that some non-emergency hearings will be allowed in May, […]
Willful Blindness
Many may be familiar with the term “plausible deniability”, or the phrase “turning a blind eye”, but a lesser known and more nuanced term under the law is known as willful blindness. Also referred to as willful ignorance, this is described as a situation in which a person will intentionally shield themselves from acknowledging information […]