Recently, a state appellate court issued an opinion affirming a lower court’s decision not to reduce a defendant’s bail as he awaits trial for several Massachusetts sex offenses, including indecent assault and battery on a person age fourteen or older. The case highlights the challenges many defendants face—even during the…
Recently, the Supreme Judicial Court issued an opinion in a Massachusetts murder case. The case arose after three individuals were murdered, and their dismembered bodies were found in plastic bags. The Commonwealth’s case hinged on the premise that the defendant and two others murdered the victims to prevent them from…
In a recent opinion, the Supreme Judicial Court vacated a Massachusetts defendant’s possession of a firearm conviction. The case arose when a state trooper followed the defendant’s vehicle and activated his lights to stop the defendant for driving five miles over the speed limit. The defendant sped, parked, and fled…
In a recent opinion, a state appellate court vacated a jury verdict that found the defendant guilty of a Massachusetts drug offense. The jury convicted the defendant of distributing and of committing the crime within one hundred feet of a public park. The defendant appealed the second portion of the…
Recently, the Massachusetts Supreme Judicial Court vacated a lower court’s order permitting a defendant’s motion to suppress evidence. The Massachusetts criminal case arose when police arrested the defendant in connection with a fatal shooting. According to the court’s opinion, officers confiscated the defendant’s cell phone and then obtained a search…
When investigating crimes in Massachusetts, law enforcement officers rely on a variety of methods. In most cases, police rely on statements from the alleged victim, physical evidence they gathered from the scene, video surveillance, and a host of other types of tactics. However, what can police officers do if no…
Recently, a state appellate court issued a decision in a defendant’s motion to dismiss a Massachusetts gun charge. The Commonwealth charged the defendant with a weapons charge in violation of § 10(n), but it did not charge him with the predicate offenses of § 10(a) or (c). A district judge…
Most people are familiar with the fact that a defendant can file an appeal if they are convicted of a Massachusetts crime. One aspect of the appellate process that is less commonly realized is that the court does not necessarily need to suspend a defendant’s sentence pending appeal. Recently a…
Last month, a state appellate court issued a written opinion in a Massachusetts drunk driving case, discussing whether a police officer can take a motorist’s blood against their will. Ultimately, the court concluded that any involuntary blood testing done at the direction of the police without the defendant’s consent is…
Under Massachusetts’ law, individuals convicted of sex offenses may need to provide identifying information to a state reporting agency, commonly referred to as the “sex offender registry.” Lawmakers maintain that the Massachusetts Sex Offender Registry assists their agency with identifying sex offenders and reducing the likelihood of recidivism. After conviction…