Boston Criminal Defense Lawyer Blog

Massachusetts Court Clarifies Five-Year Prison Minimum for Defendants Convicted of Failure to Register as Sex Offender

Published on: June 10, 2022 | by Patrick J. Murphy, Esq.

In a recent case coming out of a Massachusetts court, the defendant was found guilty of failing to register as a sex offender. Originally, the judge in the defendant’s case proposed a sentence of one to two years in prison; however, in response to this proposal, the higher court in Massachusetts issued an opinion stating that the mandatory minimum sentence for defendants convicted of this crime is five years in prison.

Facts of the Case

According to the opinion, the defendant in this case was convicted of rape in 2008. As a result, he was required to register as a sex offender in the Commonwealth of Massachusetts. Because he failed to meet this requirement, the defendant was charged with two counts of failure to register as a sex offender. He pleaded guilty to both counts.

The judge in the defendant’s case sentenced the defendant to two years of probation on the first count. On the second count, the judge declared that he was going to sentence the defendant to one to two years in prison. This second sentence, though, was dependent on the answer to a question that the judge had posed to a higher court in the Commonwealth. According to the judge involved in the defendant’s case, it was unclear under Massachusetts law whether or not a person convicted of failure to register as a sex offender can be sentenced to fewer than five years in prison. It was ambiguous whether the law stated that these offenders, in particular, must be sentenced to at least five years in prison, and the judge needed the higher court to clarify the rule before he could make a final decision on the defendant’s case.

Massachusetts Court Discusses Tower Dumps and Investigators’ Use of Cell Phone Data in Recent Robbery Case

Published on: May 1, 2022 | by Patrick J. Murphy, Esq.

In a recent case involving investigators’ use of individuals’ cell phone data, a Massachusetts court determined that law enforcement infringed on the defendant’s privacy rights by using his cell phone provider’s data without first asking his permission. The court suppressed part of the incriminating evidence that had been presented against the defendant, reminding investigators that they have to have probable cause before attempting to obtain cell phone data when looking for suspects of a crime.

Facts of the Case

According to the opinion, throughout September and October of 2018, clerks at six stores in the Boston area were robbed at gunpoint by an unidentified suspect. On a separate occasion in the same area, a suspect shot and killed a store clerk during an attempted robbery. There were several commonalities between the incidents, including that the stores were convenience of gasoline stores, the perpetrator in all of the incidents had the same build, and the robber used similar tactics in each offense.

Investigators worked with the FBI to identify a suspect. They looked at data from “tower dumps,” which are data sets including an enormous amount of cell phone location information from towers in a given area. The investigators obtained two warrants: one relating to three of the robberies, the second relating to three of the other robberies. Each warrant required cell phone providers to hand over information about where their customers were located on the day and time of each robbery.

Massachusetts Court and Defendant Disagree Over Use of Shapchat Video in Firearm Case

Published on: April 16, 2022 | by Patrick J. Murphy, Esq.

In a recent firearm case coming out of a Massachusetts court, the defendant’s appeal of his guilty verdict was denied. The defendant argued that part of the evidence presented against him, an incriminating Snapchat video, should not have been admissible at trial. The court disagreed with the defendant’s argument and ultimately denied his appeal.

Facts of the Case

According to the opinion, the defendant was shopping at a convenience store when he went to the cashier to check out. Another customer got in line behind the defendant, and she later testified that she waited patiently as the defendant engaged in a long conversation with the cashier. At one point, the defendant turned toward the second customer and asked whether she had a problem. The customer noticed that the defendant’s zipper was undone and that a firearm was on display under his shorts.

The customer quickly left the market and called the police. A few hours later, officers were patrolling the area and found a person matching the customer’s description. They stopped the person, who happened to be the defendant in this case. At that point, the defendant did not have any weapons on his person.

Massachusetts Defendant Prevails in Firearm Case, Successfully Arguing Motion to Suppress

Published on: April 16, 2022 | by Patrick J. Murphy, Esq.

In a recent case coming out of a Massachusetts court, the defendant argued that officers did not have a legal reason to conduct a traffic stop of his vehicle. Because the officers had no reason to conduct the stop, the incriminating evidence that the officers found during the traffic stop should have been suppressed. Looking at the circumstances, the court agreed with the defendant and reversed his original guilty verdict.

Facts of the Case

According to the opinion, two Boston police officers were on patrol one evening in an unmarked car. When they saw a double-parked vehicle, they went to investigate and found the defendant sitting in the back seat of the car. One of the two officers recognized the defendant from prior interactions, and the two individuals began conversing. The officers advised the defendant to move his car, and they then watched the defendant drive away.

The defendant passed several other parking spots, choosing not to park but instead to turn onto another street. At that point, the officers became suspicious and pulled the defendant over. One of the officers immediately saw a gun on the floor of the backseat, at which point the defendant was arrested.

Massachusetts Court Denies Defendant’s Motion to Suppress in Fraud Case

Published on: March 17, 2022 | by Patrick J. Murphy, Esq.

In a recent opinion having to do with fraudulent credit cards, a Massachusetts court reversed the lower court’s decision granting a defendant’s motion to suppress. The defendant was charged with several crimes, one of which was possession of counterfeit credit cards. The defendant had argued that incriminating evidence supporting this charge should be denied, and at first, the court agreed with him. When the Commonwealth appealed, however, the higher court reversed that decision and decided to deny the defendant’s motion to suppress.

Facts of the Case

According to the opinion, police officers received information in December 2017 from an attorney that represented a local furniture store regarding two fraudulent purchases of furniture. The lawyer explained that the day after the furniture was delivered to an apartment, the credit card company disputed the charges and the furniture store received a chargeback notice.

An additional order was placed by telephone to the same store shortly thereafter, and again the furniture store received notice of a chargeback. An employee of the store went to the delivery address to investigate, and the person answering the door said that he had to get ready for school, then never came back to the door.

Massachusetts Court Reverses Lower Court’s Ruling, Denying Motion to Suppress in Firearm Case

Published on: February 28, 2022 | by Patrick J. Murphy, Esq.

In a recent firearm case from a Massachusetts court, the defendant’s motion to suppress incriminating evidence was denied. A lower court had originally granted the defendant’s motion, deciding the police officer that originally stopped him did not have sufficient reason to suspect that he was carrying a gun. Disagreeing with the lower court, the higher court reversed the ruling and ultimately denied the defendant’s motion.

Facts of the Case

According to the opinion, one evening at approximately 2:00am, a police officer was patrolling in his car when he received a radio dispatch telling him of a ShotSpotter alert nearby. ShotSpotter devices go off when there is an audible gunshot, and when the devices are activated, they provide police officers with a sense of the area where the possible gunshot took place. Once the officer heard about the ShotSpotter, he was able to drive to the area identified by the device. As he was driving, the office received several more reports of ShotSpotter alerts and then began to hear gunshots for himself.

In the area identified by the ShotSpotter, the police officer only saw one person – the defendant in this case. According to the officer, the defendant appeared as though he was intoxicated. The officer immediately told the defendant to lie on the ground until another office could arrive. Once the second officer came on the scene, the two officers handcuffed the defendant, pat him down, and found a firearm in his right pocket.

Massachusetts Court Denies Defendant’s Appeal in Social Media Case, Despite Argument Over Privacy Rights on Snapchat

Published on: February 16, 2022 | by Patrick J. Murphy, Esq.

In a recent opinion from a Massachusetts court regarding firearms offenses, the defendant’s appeal of his guilty verdict was dismissed with no relief. The defendant had originally been found illegally possessing firearms after an undercover police officer connected with him on Snapchat and saw videos of him carrying a revolver. On appeal, the defendant argued that the undercover officer violated his constitutional right to privacy. Disagreeing with the defendant, the court affirmed the guilty conviction.

Facts of the Case

According to the opinion, in 2017, a Boston police officer sent a friend request to a private Snapchat account that belonged to the defendant. The officer sent the request from an undercover account that he had created for the purpose of investigating crimes on social media. According to the officer, his username on the account was a pseudonym chosen at random, and the profile picture associated with his account was the default picture chosen by Snapchat.

The defendant accepted the undercover officer’s friend request. Upon reviewing the defendant’s posts on Snapchat, the officer came to realize that he was familiar with the defendant through his previous work as a police officer and that he knew the defendant was prohibited from carrying firearms because of prior criminal convictions.

Massachusetts Court Denies Defendant’s Appeal in Assault and Carjacking Case

Published on: January 31, 2022 | by Patrick J. Murphy, Esq.

In a recent opinion from a Massachusetts court, the defendant’s appeal of his convictions connected to an armed assault and carjacking was denied. The defendant argued in his appeal that the procedures that officers used to identify him as the person who committed the assault and carjacking were unnecessarily suggestive. Because these procedures were unfair, said the defendant, his convictions should be reversed. The court disagreed, denying the defendant’s appeal.

Facts of the Case

According to the opinion, two women arrived at a residence in Massachusetts to inquire about a potential cleaning job. The women arrived in separate cars, and when they got to the residence, one woman got out of her car and went to speak with the other woman in her car. At that time, a man came up behind one of the women and pointed a small black gun at her. The man began to tell the women to “get out.” The woman in the car exited her vehicle, and the man immediately got into her car and drove away.

One of the women immediately called 911 and reported the incident. An officer arrived, and the women gave the officer a physical description of the man who had taken the car. A report was broadcast over the police radio that included a description of the suspect, the license plate number of the woman’s vehicle, and the suspect’s direction of flight. Another officer in the area heard the broadcast and saw a car matching the description of the stolen car. Following the car, the officer saw the driver run a red line and crash into a telephone pole. The officer apprehended the driver and arrested him.

Massachusetts Court Denies Defendant’s Appeal Based on Virtual Hearing During COVID-19 Pandemic

Published on: January 10, 2022 | by Patrick J. Murphy, Esq.

In a recent opinion coming out of a Massachusetts court, the defendant contested the fact that his hearing had been held over Zoom instead of in person. Appealing his guilty verdict, the defendant said his constitutional rights were violated because he was limited to a remote setting. Given the procedures that courts are currently taking because of COVID-19, the court rejected the defendant’s appeal.

The Facts of the Case

According to the opinion, the defendant in this case was charged with assault and battery on a family member as well as strangulation. He was being held in prison in March 2020; at the same time, the COVID-19 pandemic began to sweep across the nation. During this time, Massachusetts courts limited in-person court proceedings to emergency matters only. Nonemergency matters were moved to virtual hearings, and defendants appeared at their hearings via Zoom.

In this case, the defendant received a bench trial conducted partially in person and partially online. All participants appeared in person except for the defendant and one of the Commonwealth’s witnesses (a neighbor of the defendant), both of whom participated in the hearing over Zoom. At the end of the hearing, the judge found the defendant guilty of simple assault and battery. The defendant was sentenced to time in prison.

Court Rejects Defendant’s Arguments in Recent Massachusetts Gun Case

Published on: December 18, 2021 | by Patrick J. Murphy, Esq.

Recently, a Massachusetts court denied a defendant’s appeal in a firearms case. The defendant had been found guilty of possessing a firearm without a license, and he made four different arguments to try and reverse the original verdict. The court took issue with all four arguments, ultimately denying his appeal and keeping the guilty verdict as it stood.

Facts of the Case

According to the opinion, in May 2016, a large truck ran into a telephone pole on the side of the road. The pole immediately broke into two pieces, and the truck blocked the road so that no one could drive by. The police department arrived at the scene and found live electrical wires hanging in the area, fluid leaking from the telephone pole, and the defendant sitting in the driver’s seat. An emergency vehicle transported the defendant to the hospital after discovering that he had sustained multiple injuries.

Officers decided the vehicle needed to be towed, and they searched the car before calling the tow truck. In the vehicle, officers found a black duffel bag with a full beer can, two empty liquor bottles, and a black .22 caliber handgun with a loaded magazine. When they conducted a records check, the officers discovered that the defendant was not licensed to carry a firearm. The defendant was later found guilty of possessing a firearm without a license.