Lawyers of the Year Interview

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Selected by his peers as one of the best criminal trial and appeals lawyers in the country for over 25 consecutive years, Martin G. Weinberg was honored in 2011 when named one of the top 10 "Lawyers of the Year" in Massachusetts by Massachusetts Lawyers Weekly. The following appeared in the special publication honoring this award.
Massachusetts Lawyers Weekly_ Martin G. Weinberg.pdf


10 Top Lawyers of the Year 2011:
Interview with Martin G. Weinberg

Tue, January 3, 2012 

By David E. Frank

House Speaker Salvatore F. DiMasi’s honest-services fraud conviction was the fact that his co-defendant, accountant Richard Vitale, walked out of the courtroom a free man.

Vitale, DiMasi and lobbyist Richard McDonough were accused of conspiring to award lucrative state contracts to a Burlington-based software company in exchange for illegal kickbacks.

With veteran criminal defense attorney Martin G. Weinberg at his side, Vitale sat in U.S. District Court Chief Judge Mark L. Wolf’s packed courtroom on June 15 and wept as a jury found him not guilty on all charges.

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Weinberg has written for and contributed to numerous magazines, newspapers, journals and reports:

Search & Seizure Commentary
By Martin G. Weinberg and Robert M. Goldstein
The Champion, June 2014,

Warshak 4 Years Later
The DOJ Continues to Fight the Warshak Court Requirement
0f a Warrant (Not a Subpoena) to Search and Seize Emails
Read more

Congress must act to give courts leeway for sick prisoners
Letters to the Editor, The Boston Globe | March 10, 2013
By Martin G. Weinberg

RE “IMPRISONED DiMasi weak with cancer, wife says” (Page A1, March 7): Congress has left federal judges without the statutory power on their own to remedy post-sentence medical problems such as those that occurred to former House speaker Salvatore DiMasi; instead, Congress has placed responsibility for responding to unforeseen but catastrophic medical events, such as DiMasi’s throat cancer, in the hands of the Bureau of Prisons. Read more

Bringing the Fourth Amendment
into the 21st century

Massachusetts Lawyers Weekly,
Thurs, December 20, 2012
By Martin G. Weinberg and Robert M. Goldstein

"Like a sealed or resealed first-class letter, or a document stored in a closed filing cabinet, an email stored on an ISP’s server is a closed container in which an individual has a strong, reasonable expectation of privacy, as the Sixth Circuit concluded in Warshak.

Consequently, in accord with more than a century of Supreme Court jurisprudence, emails stored withinan ISP server are entitled to all of the protections afforded by the Fourth Amendment’s imperatives of probable cause, particularization and a judicially authorized warrant."
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Trial by Press Conference
Boston Business Journal, Business View opt-ed by Martin G. Weinberg. April 2012.

"Before prosecutors present a single witness in a federal or state courtroom, the community has formed a belief in the guilt or innocence … A cornerstone of our system of constitutional liberties is the presumption of innocence. Yet recent but widespread nationwide practices in federal and state cases — announcing indictments via press conferences … profoundly threaten the charged citizen's right to a fair trial …" Click here to read.

Sixth Circuit: SCA Unconstitutional to Extent
It Permits Warrantless Seizure of Emails
From ISP

Champion Magazine – National Association of Criminal Defense Lawyers,
By Martin G. Weinberg; Robert M. Goldstein
March 2011. Click here to read.

The Stored Communications Act and Private E-mail Communications

Champion Magazine – National Association of Criminal Defense Lawyers,
By Martin G. Weinberg; Robert M. Goldstein
August 2007. Click here to read.

Read more: Publications