Earlier this month, a state appellate court issued a written opinion in a Massachusetts homicide case discussing whether the statements made by the defendant should be suppressed. The court held that the police did not safeguard the defendant’s rights by informally translating the Miranda warnings, and went further to hold…
Earlier this year, a state appellate court issued a written opinion in a Massachusetts murder case resulting in the court’s reversal of the defendant’s murder conviction. The court based its reversal on the improper denial of the defendant’s motion to suppress identification and finger-print evidence that was obtained as a…
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…
In a Massachusetts criminal case, the jury consists of either six of twelve jurors. After a trial, a defendant cannot be convicted unless all jurors unanimously agree that the defendant was guilty of the crimes charged. Thus, if even one juror believes that a defendant is not guilty, the court…
In June 2019, the Supreme Judicial Court of Massachusetts issued an opinion in a Massachusetts manslaughter case involving the defendant’s failure to put her two nephews in age-appropriate car seats. The court ultimately reversed most of the defendant’s convictions, finding that the prosecution failed to establish the defendant’s conduct was…
Earlier this year, federal agents conducted an undercover sting operation resulting in the arrests of three men and the seizure of $100,000 in U.S. currency, as well as an additional $200,000 worth of the cryptocurrency, Bitcoin. According to a recent news report, covering the operation and subsequent arrests, the three…
Criminal statutes are not known for their clear, concise language, and the Massachusetts burglary statute is no exception. Indeed, a quick read of the state’s burglary statute will likely leave a reader confused about what constitutes burglary in Massachusetts. However, the crime of burglary can be broken down into a…
Earlier this year, a state appellate court issued a written opinion in a Massachusetts gun possession case demonstrating how strictly the state’s gun laws are enforced. Ultimately, the court upheld the conviction of a man who was licensed to carry in New Hampshire but failed to obtain his Massachusetts license…
Instead April of 2019, the Massachusetts Supreme Judicial Court issued an important opinion in a Massachusetts drug case discussing whether police officers can use a GPS tracking device to track the location of a suspect without first obtaining a warrant. The court held that police needed to obtain a warrant,…