In a recent case, a man appealed a judge’s ruling on a motion to suppress after being convicted of assault and battery with a dangerous weapon. The case arose when Boston police officers received 911 telephone calls that reported a robbery on a street near the intersection of Coolidge Road.…
In a non-precedential case, the Massachusetts appellate court considered a case involving marijuana transportation from New York to homes in Massachusetts. There were many vehicles and people involved in transporting it. The Commonwealth applied for and received two search warrants in connection with the contraband. The affidavit it submitted was…
Miranda rights are frequently misunderstood. When police officers take a suspect into custody intending to conduct an interrogation, they must advise the suspect of his (1) right to remain silent, (2) that what he says can be used against him/her, (3) right to an attorney and that one will be…
Boston police officers and those from neighboring suburbs are cracking down on local parties and particularly tracking houses that have a lot of noise and other complaints. Recently four Boston University Students were charged for repeatedly throwing wild parties at a house in Allston and held for three nights in…
To prove the crime of perjury in Massachusetts, a prosecutor must prove (1) a defendant was required by law to state the truth in a judicial proceeding, (2) the defendant willfully testified falsely, and (3) the false statement was material to something at issue. What is materiality in this context?…
When a police officer seeks a wiretap to obtain evidence against someone suspected of illegal activity and a prosecutor tries to use that evidence, certain rules must be followed. A recent case arose after a defendant was convicted of drug and firearm charges in connection with wiretap evidence. The police…
The double jeopardy clause of the Fifth Amendment of the United States Constitution states that nobody can be placed in jeopardy twice for the same criminal offense. In other words, it prohibits duplicative convictions — more than one conviction for the same course of conduct. However, not all cases in…
Drug sale and distribution charges in Massachusetts can be treated more harshly based on factors other than the type and amount of drug in question. The context of the sale or distribution can make a big difference. For example, a “school zone violation” is a sentencing enhancement for people who…
In addition to some of the common criminal laws and statutes regarding the Commonwealth of Massachusetts, there is also a parallel system of federal laws which applies to all citizens living within any state in our nation.One such law that may be unknowingly violated is the Lautenberg Amendment of the…
In a very narrow plurality opinion, the U.S. Supreme Court recently decided to overrule a decision reached just 11 years ago, in the name of protecting defendants’ Sixth Amendment rights.In the case, Alleyne v. US, 133 S. Ct. 2151, Sup. Ct. (2013), the Court examined the role of the jury…