Jury selection in a Massachusetts criminal trial is a critical stage in any case. Because a defendant cannot be convicted unless a jury must unanimously find that a defendant was guilty of the crime charged, both prosecution and defense put a significant amount of effort into selecting jurors through a…
One of the most significant and burdensome collateral consequences of a Massachusetts sex offense conviction is the mandatory reporting requirement. After a conviction for a qualifying offense, the Sex Offender Registration Board (SORB), will classify the defendant as either “low,” “moderate,” or “high” risk, each carrying a different set of…
Last month, a state appellate court issued a written opinion in a Massachusetts sex trafficking case discussing whether the lower court could compel the defendant to enter a password so that the prosecution could execute a search warrant that was obtained for the defendant’s cell phone. Ultimately, the court concluded…
Judges have a variety of roles in a Massachusetts criminal trial. One of the primary functions of a judge is to decide what evidence is admissible throughout the trial. Often, these issues are litigated before the trial begins in a motion in limine. However, it is also common for judges…
Earlier this month, a state appellate court issued an opinion in a Massachusetts sex crime case, finding that the jury’s verdict was based on insufficient evidence. The court determined that a hug given to the complainant by the defendant was not “indecent” in nature, and thus, the Commonwealth’s evidence was…
In a recent Massachusetts appellate case, the defendant appealed from a conviction for possessing child pornography. The case arose in 2009 when a State police sergeant used a peer-to-peer software client to investigate the use of a file-sharing network to possess and distribute child pornography. While connected, the sergeant saw…
Recently, a 46-year-old Uber driver was accused of sexually assaulting a passenger in Boston. Uber customers use an app to arrange and pay for rides with drivers who are nearby. The driver pled not guilty to all charges, which included rape and kidnapping. The incident allegedly occurred on December 6,…
The Appeals Court of Massachusetts seated in Suffolk County handed down a decision earlier this year regarding a defendant who had been unlawfully indicted on a charge which the prosecution had not fully proven.In the case, Commonwealth v. Rodriguez, 83 Mass. App. Ct. 267 (2013), following a jury trial in…
In the wake of the Penn State/Sandusky scandal, a Taunton High School teacher has been accused of having sex with two female students. Patrick Doyle, a history teacher, now faces charges of statutory rape and aggravated statutory rape of a child. NECN reports that the Doyle was indicted on twelve…
Failing to Register as a sex offender pursuant to G.L. c.6, s. 178H can result in severe consequences to the individual that must register in accordance with the law. A strong and aggressive defense by an experienced Boston criminal defense lawyer is necessary when a complaint for failure to register…