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…
On this blog, we often discuss how due to the serious nature of criminal offenses, the government bears the burden of proving all elements of a crime beyond a reasonable doubt. However, in certain cases, that is not the only burden of proof that the Commonwealth must bear. For example,…
The Appeals Court of Massachusetts seated in Suffolk County handed down a decision earlier this year regarding a defendant who had been unlawfully indicted on a charge which the prosecution had not fully proven.In the case, Commonwealth v. Rodriguez, 83 Mass. App. Ct. 267 (2013), following a jury trial in…
The Supreme Judicial Court of Massachusetts recently reached a decision regarding the application of mandatory minimum sentences to defendants who are caught in the middle of sentence reduction law changes.In the case, Commonwealth v. Galvin, Mass: Supreme Judicial Court 2013, the court examined the case of a defendant who was…
The Supreme Judicial Court issued an opinion earlier this month, that held the common practice of eliciting opinion testimony from police officers regarding impairment in OUI cases is not permissible as evidence.This case is noteworthy, because in practice, many prosecutors have developed a habit of simply asking officers their opinion…
Cambridge police recently announced that they had made an arrest of a Boston man who was wanted on charges relating to two break-ins in Cambridge.State police and members of a U.S. Marshals task force seized cocaine, bath salts, oxycodone and more than $8,000 in cash. The man was arrested pursuant…
Freetown police responded to an alarm that was set off inside of a GM car dealership at 12:44 a.m. Saturday, and instead of encountering the potential intruders, discovered some 31 pounds of marijuana.When officers first arrived, they said they saw an open door, through which they entered, sweeping the store…