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…
Massachusetts State Police announced that an arrest has been made in the case of a motorcyclist believed to have been traveling on highways around the greater Boston area at speeds in excess of 100 MPH, and using the breakdown lanes in order to evade police for several weeks.The 29 year…
A Winthrop auxiliary police officer was arrested earlier this month on suspicion of dealing drugs while on duty. According to sources, the suspect sold cocaine not only from his police car, but while he was parked within a school zone, amongst other locations. Federal law enforcement officials reportedly followed him…
A group of several housing activists blocked the entrance to Boston’s Municipal Court building last week, resulting in several arrests. The act of civil disobedience was intended to evoke a change in fair housing policies and practices.According to sources, it was the third time in four weeks that protesters have…
Newton police were called to the Dunkin’ Donuts on Needham Street this week for a reported robbery. Law enforcement believe the latest incident may be the 18th for the same individual.Witnesses say the thief entered the location through the back door and was holding a pistol. He then reportedly told…