In 2018, Richard Dilworth was charged with a variety of firearms offenses after an officer from Boston Police Department’s gang unit sent him a friend request on Snapchat under a false identity and viewed Dilworth’s videos showing what appeared to be guns. In 2022, a judge dismissed the case after prosecutors refused to provide discovery ..read more

Last month distribution of “revenge porn” – nude or sexually explicit photos or videos shared online without the consent of the person pictured – became a criminal offense in Massachusetts, as part of a bill aimed at protecting victims of abuse The Commonwealth became the second-to-last state in the country to outlaw this kind of ..read more

While the DOC has a rehabilitative mission on paper, it has a reputation for violating the civil rights of its incarcerated population and discriminating and retaliating against its employees. Ten years ago, Zalkind Law sued the DOC for discrimination because the DOC paid a female deputy superintendent significantly less than her male counterparts in the ..read more

Zalkind Duncan & Bernstein LLP is proud to announce that the following attorneys are listed in the 2025 edition of Best Lawyers in America. Best Lawyers is the oldest and most respected peer-review publication in the legal profession and rates attorneys by conducting exhaustive peer-review surveys in which tens of thousands of leading lawyers confidentially ..read more

As part of a bill broadly aiming to protect victims of abuse, including revenge porn and deepfakes, the Massachusetts legislature recently enacted an amendment to the restraining order statute that may have substantial unintended consequences. Although the well-intentioned provision allows a person suffering from “coercive control” to seek an abuse prevention order, there are numerous undefined or poorly-specified terms that are likely to create confusion in the courts. In addition, the amended statute may allow children to obtain restraining orders against their parents for normal parenting ..read more

In 2022 the Supreme Court recognized for the first time a constitutional right under the Second Amendment to carry a firearm in public, outside of the home, for the purpose of self-defense. As we observed earlier this year, courts and legislatures across the country are still trying to figure out the meaning and limits of New York State Rifle & Pistol Association, Inc. v. Bruen. Several pending cases in different jurisdictions could dramatically affect the rights of defendants—including those in Massachusetts—facing criminal charges related to firearms.  What firearms licensing regime ..read more

This month, the Supreme Judicial Court heard oral argument in Graham v. District Attorney for Hampden County, a case raising the questions of whether the Commonwealth has a duty to investigate the Springfield Police Department (SPD),what that duty entails, and what evidentiary disclosures state prosecutors must make about any exculpatory evidence that prosecution teams may have in events involving the police department. The decision will have significant implications for defendants wrongfully convicted of crimes based on false reports filed by police officers justifying use of force against d ..read more

The Internet is the central forum in our society for expressing ideas. Many of us read or create countless public messages and posts each day on platforms like Facebook, Instagram, Twitter, or TikTok, in addition to private text messages or emails. This activity is generally protected by the First Amendment’s guarantee of freedom of speech. Yet even just a few words on a screen can be terrifying in the context of an abusive family or romantic relationship. Many restraining orders and even criminal charges are based, in whole or in part, on social media posts or electronic communications. What ..read more

Criminal records can have a devastating impact on access to life-affirming resources such as housing and employment. To address this issue, Massachusetts has steadily passed legislation that has made it easier for people to seal their records. My colleague has previously written about CORI reform law, including the 2018 legislation, and the Supreme Judicial Court (SJC) decision in Commonwealth v. Pon, which made it easier for people to seal their criminal records under M.G.L. c. 276, § 100C by laying out six factors for judges to evaluate whether there is “good cause” to seal the criminal rec ..read more

Since its 2008 decision in Heller, the U.S. Supreme Court has been expanding the understanding of the constitutional right to bear arms under the Second Amendment. Heller held that the Second Amendment right is individual, and not limited to the context of an organized, “well-regulated militia.” In 2010, the Court held in McDonald that the right to bear arms applies to the states, not just against the federal government. Both Heller and McDonald addressed the context of keeping a firearm for self-defense in the home. But in the 2022 case of Bruen, the Supreme Court extended that right beyond ..read more