In Commonwealth v. Marcelin, the defendant was convicted of trafficking in oxycodone, a Class B substance. After being convicted, he pled guilty to conspiring to violate drug laws. The case arose in 2011, when a USPS inspector saw a package he believed might contain illegal drugs. What triggered his suspicion…
Boston Criminal Defense Lawyer Blog
Break-in at a Massachusetts Jewelry Store
In Commonwealth v. Burns, a Massachusetts appellate court considered a conviction for an after-hours break-in and larceny of items valued over $250. The case arose when somebody broke and entered a jewelry store after hours and stole jewelry. At trial, there was testimony that the defendant admitted he stole from…
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,…
Assault and Battery on a Family Member in Massachusetts
In Commonwealth v. Jones, the appellate court considered a case in which the defendant was convicted of violating M.G.L. c. 265, § 13M, assault and battery on a family member. In 2015, the defendant and his wife were at home. The wife was using the husband’s cell phone to get…
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…
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.…
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…
Resisting Arrest in Massachusetts
In Commonwealth v. Hill, the defendant was convicted of resisting arrest in violation of G. L. c. 268, § 32B, larceny in violation of G. L. c. 266, § 30(1), and assault and battery on a police officer. The case arose when a Sears & Roebuck Company loss prevention officer…
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…
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…