Over the past several years, there has been extensive litigation in Massachusetts regarding a specific kind of breathalyzer machine called the Alcotest 9510 device. Challenges to this machine have revealed malfunctions and inconsistencies in the breath test results that the Commonwealth has consistently used in criminal proceedings. Because of the…
Prior to beginning a trial, it is commonplace for the prosecution and defense to go through a process that is called jury selection. During this process, each party is permitted to exercise several “peremptory challenges” to possible jurors. This means that each party may tell the judge that they would…
Federal and Massachusetts laws provide robust protections to individuals accused of crimes, ensuring they cannot be compelled to offer testimony, talk to the police, or give a confession against their will. These protections are rooted in constitutional principles, including the Fifth Amendment right against self-incrimination and the Fourteenth Amendment’s due…
In criminal cases, when one side receives an unfavorable ruling, either the defense or the prosecution has the right to appeal to a higher court for reconsideration. While it’s common to see defendants appealing after a conviction, prosecutors can also appeal rulings that favor the defense, such as the suppression…
Massachusetts courts have long recognized the importance of protecting individuals from government overreach, aligning with the due process guarantees found in both the U.S. and Massachusetts Constitutions. Judicial rules and legislative safeguards are in place to ensure that law enforcement actions respect these principles, particularly when it comes to gathering…
All Americans have the constitutional right to competent legal representation in criminal cases, a principle that applies to both public defenders and private attorneys. While the law does not guarantee the best lawyer in the world, it does require a certain baseline level of competence. When an attorney’s performance falls…
Gun violence has become an undeniable epidemic in the United States, with devastating consequences in communities nationwide. While Massachusetts is often regarded as having some of the strongest gun laws in the country, the state is not immune to the harms of firearm-related violence. Each year, Massachusetts records dozens of…
The admission or suppression of evidence often plays a pivotal role in Massachusetts criminal cases. Determining whether critical pieces of evidence can be presented to a judge or jury frequently hinges on pretrial arguments. These arguments, led by skilled attorneys, aim to exclude evidence that could significantly impact the outcome…
Massachusetts lawmakers and prosecutors are working hard to keep up with the evolving legal landscape when it comes to weapons and firearms. A new gun law was recently passed with broad support, addressing the growing problem of ghost guns and 3D-printed guns. These untraceable firearms can be made using commercially…
In recent years, the United States Supreme Court has expanded the protections of the Second Amendment, which guarantees the right to bear arms. Traditionally, this amendment was most often associated with firearms, but these protections have extended beyond guns. In a significant development, the Massachusetts Supreme Judicial Court recently addressed…