Boston Criminal Defense Law Blog

What does it mean to “take the Fifth” in one’s defense?
Law Office of Carney, Gaudet & Carney

One of the most widely known phrases from American criminal law is “pleading the Fifth.” While many people in Massachusetts are familiar with the phrase, very few know exactly what the phrase means. The phrase refers to the Fifth Amendment to the United States Constitution, and “pleading the fifth” means that a defendant or a…

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Facing drug charges: trafficking versus distribution
Law Office of Carney, Gaudet & Carney

The sale and distribution of drugs can have strong, and sometimes fatal, ramifications. In efforts to regulate such negative effects, the government enforces strict regulations. Those facing drug charges may have to deal with serious penalties. Trafficking In short, trafficking is the transportation of controlled substances. Trafficking is seen as one of the most serious nonviolent drug…

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What is the National Sex Offender Public Registry?
Law Office of Carney, Gaudet & Carney

All fifty states, including Massachusetts, require convicted sex offenders to provide certain information about their current residence, employment and related life information. The purpose of compiling this information is to allow members of the public to check up on sex offenders who may have moved into their neighborhood or have begun working for a local…

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Where will a lapse of judgment take you?
Law Office of Carney, Gaudet & Carney

Jerry Springer’s security director Steve Wilkos was recently arrested for operating under the influence (OUI) after a car accident. When he made a statement about his arrest, he stated a “complete lapse of judgment” caused the unfortunate incident to happen. Wilcos’ statement is extremely accurate, as a combination of alcohol and driving can go awry…

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What is a computer crime in Massachusetts?
Law Office of Carney, Gaudet & Carney

Computers have infiltrated the lives of almost everyone who lives in Massachusetts, and the English language has consequently incorporated new verbs and nouns — spam, viruses, malware, identify theft and hacking, to name a few. Despite the advantages of living in the digital age, a few malefactors have found ways to subvert computers to in…

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What is a ‘terroristic threat’ in Massachusetts?
Law Office of Carney, Gaudet & Carney

Ever since the terror attacks of September 11, 2001, many states, including Massachusetts, have passed laws making “terroristic threats” a crime. Prior to passage of such laws, the actual use of guns, explosives and biological agents was covered by the general criminal laws of the states. Now, however, the making of threats to cause violence,…

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Federal crimes: what is conspiracy under federal law?
Law Office of Carney, Gaudet & Carney

Most people in Massachusetts understand that a conspiracy is an agreement between two or more people to engage in criminal conduct. But what, exactly, is a federal conspiracy? The answer is both simple and complex. The United States Criminal Code states that “If two or more persons conspire either to commit any offense against the United…

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3 reasons to fight criminal charges in Massachusetts
Law Office of Carney, Gaudet & Carney

When you face criminal charges, you probably want the easiest way out of the situation. Does that mean pleading guilty and accepting the consequences to avoid lengthy court trials and high legal fees? Does it mean not bothering to face minor misdemeanors because they are not worth it? Maybe you think that because you are…

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Federal crimes include sex crimes
Law Office of Carney, Gaudet & Carney

The laws of Massachusetts define several kinds of conduct as sex crimes, including sexual conduct with a minor, sexual assault, child molestation and numerous others. Generally, most offenses involving sexual misconduct fall within the jurisdictions of the individual states. Nevertheless, federal law also defines a number of offenses as sex crimes. Some offenses on the…

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What is probable cause?
Law Office of Carney, Gaudet & Carney

One of the most frequently used phrases in criminal law is “probable cause.” In Massachusetts, probable cause is necessary to arrest someone, conduct a search without a warrant, detain a person arrested on suspicion of having committed a crime or to obtain a search warrant. The rule applies to both felonies and misdemeanors. While the definition of…

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