Articles

Frank Fernandez has a criminal lawyer blog which can be found at this link:

http://www.bostoncriminallawyer-blog.com/

In the blogs you will see articles written about current topics or cases which Frank Fernandez is handling or that are in the press. Frank Fernandez keeps up to date on the latest research and case law which affects his criminal and personal injury practice.

A criminal lawyer in Boston has to keep up with the latest case law updates so that he's aware of everything and anything that can be used to his client’s advantage. By keeping up-to-date with the latest cases and trials that are taking place in both state and federal court attorney Fernandez can give insight into what strategies and options can be used to try and win that case.

Included here are some articles, but for a full and more detailed list of articles please visit his criminal lawyer blog site.

Criminal law is always evolving and is interpreted through case law. The Supreme Court of United States is constantly reinterpreting laws that are passed by Congress as to how they should apply to specific facts. By keeping up with the latest case law an attorney is able to see how that law will apply to the specific fact pattern of his client. There are many countries in which laws are not interpreted by courts but rather are all statutory and regulated and are not open to interpretation. In the United States criminal law is fact specific and is open to interpretation based on how the Supreme Court has interpreted the law to apply. Every case is different and facts can be argued that either separate or compare a matter to one which has already been decided by the courts. It is important to get a criminal lawyer in Boston who is up-to-date on the latest laws and interpretations to handle your case.

All Motions to suppress, motions at trial and all pretrial matters benefit from an experienced attorney. It is important to apply the latest case law to the specific fact pattern in question. As an example Massachusetts legalized marijuana under 100 grams and now a police officer is not able to to use the smell of marijuana as a reason to search person or a vehicle unless there is some other reason to believe that there exists more than 100 g with that there is an intent to distribute. Attorney Fernandez has one motions to suppress evidence based on a police officer writing a report stating that he search the vehicle solely based on the smell of marijuana, the officer did not know that the law had recently changed making it illegal to search based solely on the smell of marijuana. By being up-to-date on the latest case law attorney Fernandez argued that the search under current law was illegal. The judge agreed and the case was dismissed.

Feel free to call for free consultation related to your case. Articles here and on the blog are updated and attempt to reflect the latest developments in case law as they affect both criminal and civil litigation matters in Massachusetts.