Mandatory Mental Health Commitments Update Last week, the Supreme Judicial Court decided the case of K.J. v. Superintendent of Bridgewater State Hospital. Massachusetts general laws chapter 123, §§ 8, 18 (a) requires a judge to determine – in the context of a civil commitment proceeding – whether the person requires involuntary commitment to a mental hospital.  If so, the judge has to decide whether that commitment needs to take place at Bridgewater State Hospital or at another Department of Mental Health facility.  Many people do not like being held at Bridgewater because ..read more

Impoundment allows sensitive and private information to be withheld from the public record of a civil or criminal proceeding. “[I]mpoundment is always the exception to the rule, and the power to deny public access to judicial records is to be ‘strictly construed in favor of the general principle of publicity.’” Republican Co. v. Appeals Court, 442 Mass. 218, 223 (2004), quoting Commonwealth v. Blondin, 324 Mass. 564, 571 (1949). “Impounded” information is open for inspection by the court, attorneys of record, and the parties, but not the public. By contrast, “a document is normally ordered ‘se ..read more

If you are someone facing criminal charges and are wondering whether you can be sued in civil court at the same time, the answer is: yes. A case can be both civil and criminal because these two legal proceedings have different standards. It is possible for someone to break the law, face those associated charges, and also receive notice that they are being sued by a victim from that event. If this sounds like a situation you or someone you love is going through, it is strongly urged that you get legal help immediately. In fact, if you are reading this now and the information above applies, then ..read more

During the COVID-19 pandemic, a lot of students have turned to online learning. Remote learning involves a few disadvantages when it comes to technology and it is also more difficult for the parents to handle. Now, take for instance when your kid was not able to attend a ‘zoom school,’ did you know that you might be reported for possible neglect charges? This is the headline reported from The Boston Globe in a recent story: “Massachusetts school officials have reported dozens of families to state social workers for possible neglect charges because of issues related to their children’s partici ..read more

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 a Fourth Amendment violation, it did violate the Massachusetts Constitution. In recent years, the court has addressed Massachusetts residents’ protection from warrantless tracking on GPS, cell phones and even license plate readers. The ..read more

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 across the state, from dismissals to not guilty verdicts by “lack of criminal responsibility” (formerly referred to as “not guilty by reason of insanity). Psychiatric Commitments / Competency to Stand Trial After a def ..read more

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: Courts will continue to conduct emergency and some non-emergency hearings virtually.  Most hearings are being conducted by telephone, although there have been a small but growing number of video hearings as well. A very small amount of in-person emergency hearings are allowed, with permission of the presiding judge of that courthouse.&nb ..read more

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, to be conducted by phone or videoconferencing.  The new order replaces the April 1, 2020 Order Regarding Court Operations Under The Exigent Circumstances Created By The COVID-19 (Coronavirus) Pandemic.  The new order also clarifies some processes for ..read more

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 that might make them liable in a civil or criminal case, even denying these facts to themselves. This is slightly different from the notion of plausible deniability, which refers to the ability of a person to distance themselves from criminal acts by insinuat ..read more

If you find yourself arrested in Massachusetts, here are some ideas to prevent a bad situation from getting worse Aside from the obvious advice to hire a criminal defense attorney, there are several other things to consider if you are arrested. This blog is not legal advice, but rather a list of ideas from experience criminal defense attorneys who have seen it all.  We have had clients drastically improve their odds of winning a case by doing the right things (i.e., keeping their mouths shut), and other cases where charges pile onto what should have been relatively minor encounters.  ..read more