What happens to the attorney-client privilege when a defendant claims that his trial attorney was ineffective?
Custody, Interrogation and Miranda Rights
This is a guide for criminal defense attorneys describing when Miranda warnings are required and what constitutes “interrogation” requiring Miranda warnings.
Public Records Requests
The Massachusetts version of the Freedom of Information Act provides an opportunity to get copies of important documents such as police manuals, expert reports, or internal affairs complaints. This brief guide provides quick guidance for the criminal defense attorney seeking public records.
The Secretary of the Commonwealth also has a long and comprehensive guide here.
Habeas Corpus FAQ
Federal habeas corpus petitions are unfamiliar territory for many criminal defense attorneys. Here is a practical guide to common questions about filing a habeas corpus petition.
Habeas One-Year Clock
In 1996, Congress severely restricted the time for filing a habeas corpus petition. This is a brief explanation of how those time limits work.
Certiorari and Further Appellate Review
This provides a quick outline of the mechanics of petitions for Further Appellate Review in the Supreme Judicial Court and petitions for certiorari in the United States Supreme Court. There are also tips for appellate counsel about how to focus such petitions.