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Boston Criminal Defense Lawyer Blog

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Application of the Plain View Doctrine in Massachusetts Drug Crime Case

In Commonwealth v. Dow, a defendant appealed after being convicted of multiple counts, including possession of a class B substance under G. L. c. 94C, § 34, a class C substance under G. L. c. 94C, § 34, illegally possessing a firearm and ammunition, possessing without a firearm identification card,…

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Pleading Guilty to Unarmed Burglary and Larceny in Massachusetts

In Commonwealth v. Wallace, the defendant appealed from a sentence imposed for an unarmed burglary conviction. He’d pled guilty to larceny from a building and unarmed burglary. The event giving rise to the charges involved his going into a home in the dead of night and stealing many items while…

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Possession with Intent to Distribute Crack Cocaine in Massachusetts

In Commonwealth v. Bowens, a Massachusetts appellate court considered a crack cocaine possession with intent to distribute case. The defendant was convicted of possessing a class B controlled substance with intent to distribute as well as possessing a controlled substance with intent to distribute within a park or school zone.…

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Right to an Attorney Before Breathalyzer in Massachusetts?

Under the Sixth Amendment and article 12 of the Massachusetts Declaration of Rights, a defendant is supposed to be advised of the right to an attorney before a critical stage of criminal proceedings. In Commonwealth v. Neary-French, the Massachusetts Supreme Judicial Court considered whether the 2003 amendment to M.G.L. chapter…

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Criminal Liability for Hit and Run in Massachusetts

In Commonwealth v. Anderson, a Massachusetts appellate court considered a criminal hit and run case. The defendant was charged with leaving the scene of a motor vehicle accident after causing personal injury and property damage, as well as reckless operation of a motor vehicle. The case arose after 2:00 a.m., when…

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When Is a Patfrisk Appropriate in a Suspected Drug Crime Case in Massachusetts?

Commonwealth v. Nichols arose when two police officers trained in drug crimes went undercover to patrol a section of Boston. The officers had received multiple drug-related complaints for that neighborhood, which was already known to the police for its drug activity. The officers saw a man (Kyle Brito) on his…

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