Massachusetts Legal Developments Blog

Massachusetts Legal Developments Blog

New Trial Ordered After Rideshare Driver’s Miranda Rights Violated in Cambridge

In 2022, a Lyft driver was convicted of rape in Massachusetts. However, he was acquitted of indecent assault and battery, and he subsequently appealed the conviction. In April of 2025, the Commonwealth concluded that his Miranda Rights had been violated during a police interview, and they ordered a new trial. 

The Background of the Case

In the summer of 2019, a 20-year-old college student and Boston resident became highly intoxicated after drinking a bottle of wine at a friend’s apartment. She then booked a ride home using the Lyft app, citing the need to take care of her elderly dog. Because of her intoxication, she entered the wrong address and could not correct it. As a result, she decided to verbally tell the driver her address when she got into the car. 

At this point in time, Lyft drivers often transported multiple passengers together in different vehicles. When she got in, the driver took her to the incorrect address she had entered. She then instructed the driver to drive to Beacon Street so she could point out her apartment building. The driver agreed, but stated that he needed to drop off the other passengers first. Accepting this, the passenger sat back and passed out. 

When she awoke, many hours had passed. She was still in the vehicle, and it was now 7:00 AM. The driver demanded a high payment for being in the vehicle for so long, but agreed to drop her off. She then texted the driver asking about what had happened, implying that she was concerned about a potential rape. 

Next, she visited the Massachusetts General Hospital, where white fluid was removed from her vagina. The police became involved and questioned the Lyft driver. During an interview, the driver told police that he had not raped her. Detectives subsequently took a DNA sample from the man, and they later alleged that this DNA was a possible match. The DNA profile of both the sperm and the cheek swab was “extremely rare,” according to the authorities. 

This led to the defendant’s arrest. At this time, officers informed the defendant of his Miranda rights. The defendant agreed to another interview, but only if the detectives could not show him proof that the DNA samples matched. The detectives failed to provide the defendant with the DNA report but continued with the interview anyway. 

This proved to be a vital detail. When the defendant appealed his conviction, the court agreed that his subsequent admissions during that interview should not have been entered into evidence. This led to the Commonwealth deciding that a second trial should take place. 

Can a Criminal Defense Attorney Help With Rape Allegations?

Rape is one of the most serious charges one can face in Massachusetts. If you find yourself in this situation, you should consider contacting an experienced defense attorney in Boston. These legal professionals may be able to help you execute various defense strategies and file successful appeals. For more information, consider contacting Edward R. Molari today.

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Criminal Defense

BRIC Information-Sharing Plan Leads to “Surveillance State” Accusations

The Boston Regional Intelligence Center (BRIC) is a highly controversial law enforcement tool, and this surveillance apparatus has gained even more infamy after recent plans to share data with Immigration and Customs Enforcement. The encroachment of both the federal government and new technological surveillance tools is something that everyone should be wary of, including Boston criminal defense lawyers, defendants, and the general public. 

Boston Mayor Demands Answers From ICE After “Secret Police” Allegations

In June of 2025, Mayor Wu issued a strong statement against recent activities by ICE, accusing them of carrying out “secret police tactics.” This comes after several arrests by ICE agents within the City of Boston. Along with this statement, the mayor signed an executive order promising to constantly file FOIA requests to the Department of Homeland Security (DHS). The goal of these FOIA requests will be to find out who is being detained by ICE officers in Boston – and why.

City Council Questions Information-Sharing Agreements Between ICE and BRIC

Mayor Wu’s actions come just a few months after a City Council hearing about information-sharing agreements between ICE and BRIC. During this meeting, law enforcement officials in Boston assured councilors that they only share this information in cases involving serious crimes, such as human trafficking and gun smuggling. 

However, not everyone was convinced. One councilor claimed that she had evidence of extensive intelligence-sharing activities between the two organizations – particularly in the context of political protests within Boston. Other civil rights activists also challenged the notion of “limited” intelligence-sharing between BRIC and ICE. At this point in time, hundreds of Massachusetts residents had already been deported by ICE officials.  

Understanding the Extent of BRIC 

BRIC was first created as a “fusion center” after 9/11, when law enforcement agencies around the world became hyper-focused on domestic threats within the United States. It is a surveillance apparatus that would send shivers up George Orwell’s spine, and it involves cameras watching virtually every square inch of Boston and the surrounding areas. It also leads to innocent people being targeted for insignificant infractions like illegally tinted windows, often leading to multiple traffic stops per day for a single person. Once you have been identified as a potential suspect by BRIC, it can be difficult to avoid police scrutiny. 

The potential for abuse is accelerated once this data falls into the hands of ICE. But in many ways, BRIC was a federal operation all along. It was started with federal funding, even though it is operated by local law enforcement organizations. Although many argue that introducing BRIC was a mistake in the first place, it is undeniably dangerous to share this data any more than it needs to be. 

Can a Boston Defense Attorney Help Me?

If you face charges that stem from questionable surveillance under BRIC, consider a consultation with a criminal defense attorney in Boston. Some of this surveillance may be unconstitutional, and much of the footage captured by cameras should be inadmissible in court. Contact Edward R. Molari today to discuss your defense strategy in more detail. 

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Criminal Defense

Identities of Brothel Customers Named in Controversial Massachusetts Hearing

 

In late March of 2025, The Harvard Crimson revealed that the identities of 34 brothel “clients” had been named by a hearing in Massachusetts. The case highlights not only the involvement of several public figures, but also the loss of subtlety and confidentiality in the Commonwealth. Not too long ago, a judge might have handled this issue in private while protecting the identities of the defendants in Massachussets. What changed, and what can this hearing teach us about the future of the Commonwealth Court System?

The Background of the Harvard Brothel Case

Although we won’t name the identities of the various defendants attached to this case, it is fair to say that they come from the elite ranks of Harvard and the Cambridge City Council. Among these individuals are assistant professors and city councilors. 

Initially, police only sought charges against 28 individuals – but they soon expanded their net and charged a total of 34 defendants. The purpose of the March hearing was to determine whether there was enough evidence to “formally” charge these individuals, although The Harvard Crimson notes that these misdemeanors are extremely unlikely to lead to jail time, whatever happens. 

More serious charges were reserved for the so-called ringleaders, who were arrested in 2023. These individuals faced federal charges, with one defendant receiving a four-year prison sentence and a $5 million fine. 

Numerous Defendants Plead Not Guilty

In May, the Crimson reported that 14 of these defendants pleaded not guilty. In June, a further 10 individuals also pleaded not guilty. At around the same time, another ringleader was sentenced to two years in prison by a federal court. 

The Real Story Behind the Controversy

Although it is easy to focus on the taboo nature of Harvard professors attending brothels, the real story is the lack of confidentiality in the initial clerk-magistrate hearing. In previous years, a judge might have held this hearing in a relatively informal manner. Not only did this allow for some degree of subtlety and privacy, but it also facilitated compromises. 

Unfortunately, the introduction of technology has made these informal proceedings impossible. Other courts require that certain motions include the audio recordings of the clerk, making these backroom conferences a thing of the past. 

One has to remember that regardless of the outcome of this case, this initial hearing did not prove anyone’s guilt. And even if some or all of these people are guilty, they will likely pay $500 fines with no jail time. One has to wonder whether there might have been a better way to deal with this situation. 

Can a Criminal Defense Lawyer Help Me Protect My Identity?

If you are concerned about confidentiality during a criminal case in Massachusetts, an experienced defense attorney may be able to help. Although private discussions between judges and the respective parties have become relatively rare, it may still be possible to resolve certain allegations behind closed doors. To learn more about potential defense strategies, consider contacting Edward R. Molari today. 

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Criminal Defense

Shooting in Boston Raises Questions About Witness Intimidation

While shootings in Boston are relatively common, things become more notable when victims are shot days before their murder trials. When someone is attacked before testifying or appearing in court, it is often related to witness intimidation. The details of this specific case are complex, and they highlight the difficulties of prosecuting murder cases in Boston. 

Man Shot a Day Before His Murder Trial in Boston

In March of 2025, authorities in Massachusetts reported that a double shooting had occurred in Wakefield. One of the victims was a man scheduled to stand trial for murder just one day later, and police believe that he was specifically targeted. 

This individual was accused of being an accessory to murder in connection with a fatal shooting outside a 7-Eleven in 2021. He failed to appear in court on the first day of the trial, ostensibly due to his gunshot wounds. Three years after the 7-Eleven shooting, the same defendant was arrested on drug distribution and evidence tampering charges. 

The story becomes more complex when one considers the location of the shooting. Boston.com confirms that this is the address of a now-defunct sober home – the same sober home where police discovered human remains in 2019. 

To make matters even more complicated, the sober home was owned by the parents of the recent shooting victim. Finally, these owners pleaded guilty to fraud in 2024. CBS News later confirmed that the shooting victim was in “critical condition” after the attack. 

Motive for Shooting Remains Unclear

CBS News also noted that the motive for the shooting remained unclear while implying that it may have had something to do with the upcoming murder trial. Was this an example of witness intimidation? What were the shooters trying to accomplish? Could they have been attempting to silence the co-defendant before he had a chance to speak at the trial? 

It is not difficult to imagine this type of scenario. Suppose the co-defendant had nothing to do with the 7-Eleven shooting, and he merely witnessed the attack with no prior knowledge of what was about to happen. What if this individual was planning to testify about the shooter’s actions? What if he had agreed upon a deal with prosecutors, securing a lenient sentence in exchange for his cooperation? 

If his co-defendant found out about this, he may have decided to silence the witness before the trial. However, it is important to note that this scenario is purely hypothetical. 

Can a Boston Defense Attorney Help With Witness Intimidation?

Boston defense attorneys can assist with many issues that arise during murder cases. First, a defense attorney may help those targeted by violence before their trials. Secondly, defense attorneys can help those who face accusations of witness intimidation in Boston. Consider discussing your legal options with Edward R. Molari today.

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Criminal Defense

Major Law Firm Criticized for Not Standing Up to the Government

While settlements represent the most common outcome for civil cases, they are not always the most ethical. A financial settlement allows a wrongdoer to walk away without ever accepting fault, and some feel that this absolves them of all accountability. These sentiments were raised by many in the legal community after a major law firm agreed to settle its case with the current U.S. administration. What does this tell us about abuses of power and constitutional violations in Massachusetts? 

Paul Weiss Faces Massive Backlash for Caving in to President’s Threats

In March of 2025, a deal between major U.S. firm Paul Weiss and the White House sent shockwaves through the entire legal community. The firm is one of the biggest in the country, with offices in New York, Los Angeles, San Francisco, and Washington, D.C. It also maintains a global presence with locations in Japan, Belgium, England, China, and Canada. But despite earning a stellar reputation in recent years, Paul Weiss is not defending its pedigree after an onslaught of criticism. 

The criticism stems from an executive order that would have stripped the firm’s senior attorneys of their security clearances. This would have prevented Paul Weiss from representing many of its clients in federal cases. The executive order also would have prevented its lawyers from entering federal buildings. This move comes as the Trump administration attempts to crack down on Democratic-leaning law firms involved in legal work that the current administration opposes, including an investigation into Trump’s finances. 

In order to avoid these consequences, the chair of Paul Weiss met with Trump and struck a deal. As part of this deal, the firm agreed to take on $40 million worth of free (pro bono) work that aligns with Trump’s goals. 

University of Connecticut Law School professor Leslie Levin stated that “Lawyers are supposed ot stand up to the government when there’s an abuse of power, and a firm like Paul Weiss has the capacity to do that.”

Judge Blocks Executive Order Against Perkins Coie

Perkins Coie faced the same executive order but decided to fight back instead of striking a deal. Eventually, a Washington, D.C. judge ruled in the law firm’s favor, blocking the executive order and calling it unconstitutional. The judge specifically stated that clients may have reservations about working with firms that have struck deals with the current administration. Based on this decision, one has to wonder whether Paul Weiss made the right call. 

Can a Massachusetts Defense Lawyer Stand Up Against the Government for Me?

Although some law firms seem content to “cave in” to the demands of the government, there are many who are still courageous enough to stake a stand against abuses of power. Whether you believe your constitutional rights have been violated or you simply want your “day in court,” experienced defense attorneys in Boston are here to help. Choose Edward R. Molari, and discuss your next steps during a consultation. 

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Criminal Defense

Second Amendment Advocates Celebrate After Victories in Massachusetts Gun Cases

The Second Amendment is a controversial topic in many circles, but it may become a crucial defense for those facing gun charges in Massachusetts. Two recent cases provide some optimism for gun owners in Boston, and they both revolve around the “may issue” wording in Massachusetts gun laws. What does this mean for you as a gun owner in Boston? What if you are facing gun charges in Boston as a nonresident? Can a defense attorney help you utilize the same strategies that proved successful in these cases? 

Massachusetts Issues Two Important Decisions on Gun Rights

Two recent decisions by the highest court in Massachusetts provide more clarity about gun rights, especially when it comes to nonresident firearm owners. Perhaps most notably, these decisions confirm that aspects of the Commonwealth’s previous gun laws were unconstitutional. This may not surprise legal observers, especially after a major victory by Second Amendment advocates in 2022. However, the two decisions are still insightful for various reasons: 

Both decisions focused on the “may issue” wording of the state’s licensing laws. The previous 2022 Supreme Court case clearly established that gun laws with this type of wording are “presumptively invalid.” This decision forced the Commonwealth to change its gun laws, replacing the words “may issue” with “shall issue.” Although this might seem like a minor adjustment, it is already having major effects on the outcomes of gun cases. 

In Commonwealth v. Dean F Donnell, Jr., the defendant faced charges of unlawful possession after police responded to his car crash in 2021. Although he was arrested for DUI, the defendant faced more serious penalties when police searched his duffel bag and found a handgun with ammo. He had no Massachusetts nonresident firearm license. 

Citing the 2022 Bruen decision, the defendant argued that his Second Amendment rights had been violated. He was successful, although the court emphasized that the right to bear arms under the Second Amendment is “not absolute.” 

Commonwealth v. Philip J. Marquis involved an almost identical situation. The defendant crashed his vehicle on the way to work. When first responders arrived at the scene, the defendant willingly revealed his handgun to a responding officer and demonstrated that it was unloaded. He then disclosed that he did not have a valid gun license in Massachusetts, and the officer confiscated the firearm. 

After being charged with unlawful possession, the defendant cited the Bruen case. Initially, this strategy seemed successful – but the Supreme Judicial Court reversed the dismissal. The court justified this decision by pointing out that the defendant had never even attempted to obtain a gun license. If he had been denied a gun license by Massachusetts authorities, he may have been successful in dismissing his gun charges. 

Can a Defense Attorney in Boston Help With Gun Charges?

If you are facing gun charges in Boston, you should speak with an experienced defense attorney as soon as possible. Ideally, you should work with a lawyer who has direct experience with firearm possession charges and similar cases. Although these two recent decisions are encouraging for gun owners, firearm charges still threaten life-changing legal consequences in Boston. Speak with Edward R. Molari to develop an effective defense strategy. 

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gun crimes
Criminal Defense

Brockton Men Arraigned in Connection With Shooting

In February of 2025, two men from Brockton were indicted and arraigned on murder charges. These charges stemmed from a fatal shooting incident in Brockton during the previous summer. This case is yet another example of how many fatal shootings have occurred in the Brockton area within the past few years and months. If you have been accused of participating in a shooting, it might help to contact an experienced criminal defense attorney in Boston.  

The Shooting Incident Explained

This murder case stems from an incident that occurred in June of 2024. Brockton Police say that on that night, they received a 911 call from someone who had heard shots being fired. They arrived at the scene and found a deceased 22-year-old individual with numerous gunshot wounds.

The investigation focused on surveillance footage that captured the moments before and after the murder. This footage showed three individuals chasing the victim into his own backyard. During the ensuing altercation, the victim was shot and killed. One of the defendants was also shot and wounded, prompting his associates to transport him to a nearby medical center. 

While this individual was arrested shortly after receiving treatment, a second associate was arrested a few days after the incident at Logan Airport. The authorities say that he was about to board a plane to a different country. 

There was no word on the third individual. It is safe to assume that this third individual also participated in the murder, but he was mysteriously absent from any media reports. This third individual may still be on the loose, and police may still be trying to track him down. Perhaps the third individual managed to escape legal consequences somehow. 

Whatever the case may be, the wording of various media reports suggests that it was impossible to see what actually happened inside the backyard – where the shooting occurred. The surveillance footage probably only covers the actual street and not the insides of private properties. 

If this is true, one has to wonder how police will prove that one (or both) of these defendants actually fired upon the victim. The third attacker may have been the one who actually carried out the murder. 

This is something of a moot point since anyone who "participates" in a murder becomes criminally liable. For example, even if someone serves as a "lookout" while someone else commits murder, they are still likely to face murder charges. Still, it is not clear why this third individual seems to have been passed over by media reports. 

Can a Boston Defense Attorney Help Me With Murder Allegations?

Murder is one of the most serious charges one can face in Boston. With the number of shootings that occur each year in Brockton, it is all too easy to get swept up in these incidents. Often, these cases are simple misunderstandings – and a criminal defense attorney in Boston may be able to help clear them up. To learn more, contact Edward R. Molari today. 

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Criminal Defense

Former Police Officer Has Guilty Verdict "Set Aside" in Massachusetts

In February of 2025, a judge "set aside" the guilty verdict of a former police officer in Dartmouth, Massachusetts. He had previously been found guilty of child rape and indecent assault & battery. Many people are confused about this case, and you might not have heard of a guilty verdict being "set aside" in such a way. How does this process work, and how can you defend yourself against criminal charges in Massachusetts?  

Stunning Change of Fortune for Former Police Officer Accused of Child Rape

In October of 2024, a former Dartmouth police officer was sentenced to between 10 and 15 years in prison for child rape and indecent assault and battery. That appeared to be the end of the defendant's story, and the three-day trial led to a clear jury verdict. One of the victims was just six years old when the abuse began, while the other was 15. This ending came after a rocky start, with the defendant escaping charges back in 2022 due to a mistrial. 

In February of 2025, the defendant was released from custody. This came after a judge agreed to "set aside" his guilty verdict, and suddenly, the defendant's fortunes seemed to change in a stunning way. 

The defendant was released after a successful appeal by the defense. Counsel argued that this case actually represented two separate offenses under completely different circumstances, and they should never have been joined together. A district court judge heard this argument and agreed with the defense's argument. 

As you might expect, the District Attorney presiding over this case is incensed. In a statement, the DA complained:

"In my over 36 years of practicing law, I have never seen a judge deliberately nullify a unanimous jury verdict without giving the District Attorney's Office the right to a full hearing."

The DA also reminded the public that a judge held a hearing over whether the two cases should be joined together and that the judge did not object or raise any potential issues. He also pointed out that the defense counsel never raised this issue during the trial. Finally, he argued that the decision "undermines the jury system" and raises questions about whether "justice is being done." 

What Does "Setting Aside a Verdict" Mean?

In this case, the "setting aside" of the verdict by the judge will simply result in a new trial. At first glance, this might seem like delaying the inevitable rather than escaping the consequences of a negative decision. However, a new trial can provide a new opportunity to pursue justice – and it is something that defendants generally see as positive. 

Can a Massachusetts Defense Attorney Help After a Guilty Verdict?

Despite what many people think, a guilty verdict is not necessarily the end of your criminal justice journey. With help from an experienced Massachusetts criminal defense attorney, you can appeal your verdict and push back with various strategies. Schedule a consultation with Edward R. Molari today to explore these potential strategies in more detail. 

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Criminal Defense

Man Dodges Life Sentence After Successful Appeal in Massachusetts

Most people know that in order to be found guilty of murder, prosecutors must prove your guilt "beyond reasonable doubt." While this might seem reassuring, it is clear that many people are convicted of murder in Boston despite the clear absence of convincing evidence. This seemingly occurred in November of 2024, when a man successfully overturned a life sentence for a murder in Mattapan. Can a defense attorney help you achieve similar results? 

The 2018 Shooting Incident Explained

This case revolves around a shooting incident that occurred in August of 2018. Police say that three individuals were sitting in a car when they were shot at by an assailant. The gunfire killed one of these victims and injured the two others, and police have never been able to identify the shooter. 

However, police eventually determined the identity of an individual who they claimed assisted the shooter in some way. This was the owner of a vehicle that was seen in the vicinity of the victim's car, and police essentially implied that the defendant was following the victims. Eventually, this connection led to the defendant's conviction and sentencing to life in prison for murder. 

The defense appealed, and the court eventually reviewed the case. The Commonwealth noted that in order to secure a conviction, the prosecution had to prove beyond reasonable doubt that the defendant knew that his passenger (the shooter) intended to carry out the murder. The prosecutors also had to show beyond reasonable doubt that the defendant was actually driving the vehicle – which he had allegedly rented before the incident. 

Although the appeals court concluded that the defendant must have been driving the vehicle, they found insufficient evidence that he knew the shooter was going to carry out the murder. In the end, the court stated that the defendant's conviction "must be reversed." 

This decision shows that appeals can be highly effective when approached effectively, especially when prosecutors rely on questionable arguments to secure convictions. The appeals court stated that the "shared lethal intent" argument by the prosecutors does not stand up to scrutiny. 

One of the few shreds of evidence they presented in this regard was the erratic nature of the defendant's driving after the murder occurred. The prosecutors alleged that the "way in which the defendant maneuvered" was evidence that the defendant knew about the murder plans ahead of time. However, the appeals court argues that this conclusion "rests on a chain of speculative assertions." 

Can a Defense Attorney in Massachusetts Help Me?

If you have been sentenced to life imprisonment after a murder conviction, this might not be the end of your story. You may be able to appeal your conviction successfully, and this could allow you to walk free. To learn more about appeals and murder defense strategies, consider contacting an experienced criminal defense attorney in Boston – such as Edward R. Molari. 

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Criminal Defense

Major Fentanyl Drug Bust in Massachusetts Leads to Serious Trafficking Charges

Back in 2023, law enforcement in Massachusetts uncovered what has been described by some media sources as a “secret drug lab,” leading to serious fentanyl trafficking charges for several defendants. The operation was extensive, and photographs from the bust depict a sophisticated pill-press operation with an extremely large quantity of drugs and drug-manufacturing materials. Some officials believe it is one of the largest single-location drug seizures in Massachusetts history. Now the men behind this operation are pleading guilty. What should you do if you face charges of fentanyl trafficking in Boston? 

Meth and Fentanyl Pills Were Disguised as Valentine’s Day Candies

In February of 2024, a man from Lynn pleaded guilty to various drug trafficking charges. These charges stemmed from a major drug bust in November of 2023 when police searched a residence belonging to one of the defendants. Police say they learned of the operation while investigating an overdose death in Salem, and this investigation led them to the defendant’s doorstep. They then carried out a search and found an extremely sophisticated meth and fentanyl manufacturing facility. 

Inside the home, police found 20 pounds of pink, heart-shaped pills containing fentanyl. They were intentionally manufactured to look like Valentine’s Day candies, and the defendants used sophisticated pill presses and other advanced technology to achieve this feat. As they searched the rest of the residence, police located almost 200 pounds of meth and fentanyl. They also found cocaine, cutting agents, and other chemicals commonly used in drug manufacturing operations. 

One of these defendants faces at least 15 years in prison for possession with intent to manufacture and possession of a firearm in furtherance of drug trafficking. All three of the individuals involved in this operation have pleaded guilty. Investigators believe that the operation produced “millions of doses.” It is worth noting that the likelihood of fatal overdoses is relatively high for users of fentanyl. It is also unclear whether the buyers of these pills knew whether they contained fentanyl. 

Can Police in Boston Search My Home for Drugs?

Police generally need a search warrant before they can search your home for drugs. The only exception is if they identify a situation where people face immediate danger. For example, they might hear gunshots or sounds of physical violence while standing outside a home. They might also have “probable cause” to search a home. For example, they might witness someone carrying a bag of drugs into a home. Finally, police have the right to search your home if you voluntarily allow them to enter. You are under no obligation to consent to a search. 

Can a Defense Attorney Help With Fentanyl Trafficking Charges in Boston?

If you face fentanyl trafficking charges in Boston, the most obvious course of action is to speak with an experienced defense attorney immediately. These legal professionals can guide you to a favorable outcome, perhaps via a plea deal. Alternatively, you can fight for your rights and push back against constitutional violations, lack of evidence, chain-of-custody issues, and much more. Each defense strategy should match the unique circumstances of each situation – so discuss your case with Edward R. Molari today. 

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Criminal Defense

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