In a recent Massachusetts armed robbery case, a defendant appealed his conviction for armed robbery while masked. The case arose from an armed robbery of a gas station. The defendant, a regular customer, came in at 9 p.m. and bought $10 worth of gas. He was wearing a T-shirt and jeans.…
Boston Criminal Defense Lawyer Blog
Proof of Domestic Violence with a Dangerous Weapon in Massachusetts
In a recent Massachusetts criminal case, a defendant appealed after being convicted of rape, assault, and battery with a dangerous weapon. The case arose when the defendant started dating the victim, and the victim moved into his apartment, where he lived with a male roommate. Soon afterward, the defendant and…
Prescription Drug OUI in Massachusetts
In a 2017 Massachusetts appellate case, the defendant appealed from convictions for operating a vehicle under the influence of drugs (M.G. L. c. 90, § 24(1)(a)(1)) and negligent operation of a motor vehicle (M.G. L. c. 90, § 24(2)(a)). The case arose when a cop in an unmarked car saw…
Evidence Found Before a Pat Frisk in Massachusetts
In a recent Massachusetts appellate case, the court considered whether the district court judge had made a mistake in denying a criminal defendant’s pretrial motion to suppress evidence that was found just before a pat frisk. The firearm that was seized was discovered when the defendant and his companions were…
Self-Defense in a Massachusetts Assault Case
In a recent Massachusetts appellate case, the defendant was convicted of assault and battery on a girlfriend. He appealed on the grounds that the conviction was a result of speculation and conjecture and that there were no findings to support it. The appellate court explained that after a defendant raises…
Charges for Possessing Counterfeit Money in Massachusetts
A recent Massachusetts appellate case arose when a cop stopped to get coffee during his patrol hours. While in line, there was a commotion in which the defendant argued with the cashier. The cop didn’t hear the discussion but saw the defendant hurry away. After talking to the cashier, the…
Carrying a Firearm Without a License in Massachusetts
In a recent Massachusetts appellate decision, the defendant was convicted of carrying a loaded firearm without a license and carrying a firearm without a license. The case arose when an officer was patrolling in Boston and saw a car blocking traffic. After running its license plate number, he found that the…
Child Pornography Charges in Massachusetts
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…
Plain View Doctrine in a Massachusetts Stolen Property and Heroin Case
In a recent Massachusetts case, the defendant appealed from convictions for receiving stolen property and trafficking in heroin. The case arose when the police received a report that someone had stolen a generator from a construction site. The surveillance video depicted a truck leaving the construction site with the generator.…
Fingerprint Evidence in Massachusetts Larceny Case
In a recent Massachusetts appellate case, the defendant was found guilty of breaking and entering in the daytime, intending to commit a felony in violation of MGL chapter 266, § 18, as well as larceny of property over $250, a violation of MGL chapter 266, § 30 (1). The defendant…