Your Shield Against Criminal Prosecution
The Massachusetts Supreme Judicial Court considered whether evidence or documents that were provided to an attorney by the client are obtainable by prosecutors from the attorney via subpoena. The question, the court ruled, depends on whether or not the the evidence was provided to the attorney for purposes of legal assistance. This case involved circumstances where the defendant was the…
The Massachusetts Supreme Judicial Court addressed the issue whether a defendant, who was the object of the police investigation, may still move to suppress evidence seized from the co-defendant under the theory of “target standing”. Target standing is a legal theory that permits a defendant, who is charged with a possessory offense, such as unlawful possession of drugs or guns,…
In the recent case of Commonwealth v. Walter Crayton, the Massachusetts Supreme Judicial Court established a new standard for the admission at trial of an in-court identification of the defendant where the witness had not, prior to trial, been asked to participate in an out of court identification procedure. The new rule imposes the burden on the Commonwealth to request.…
The Massachusetts Appeals Court recently suppressed evidence in a case that was seized as a result from an arrest by Boston Police based on mistaken information. In the case of Commonwealth v. Maingrette, the Appeals Court ruled that the arrest, based on a default warrant that was no longer active at the time of the defendant’s arrest, was unlawful and…
The Massachusetts State Police announced that troopers will be conducting a DUI / OUI Sobriety Checkpoint at “an undisclosed location” in Bristol County on the evening of December 12, 2014. Bristol County includes the towns of Dartmouth; Easton; Mansfield; North Attleborough; Norton; Raynham; Rehoboth; Seekonk; Swansea; and Westport, et.al. What are your rights when it comes to a OUI /…
In a case decide today, in L.L., a Juvenile v. Commonwealth, the Massachusetts Supreme Judicial Court rules on the standard a juvenile court judge determines the risk of re-offense on the part of a juvenile who committed a ‘sex offense’ that imposes the requirement of sex offender registration. The SJC ruled that, even as it pertains to juvenile offenders, it…
The Massachusetts controlled substance laws punishes with enhanced penalties those persons who violated the drug laws for the sale or distribution of drugs within 100 feet of a “public park or playground”. This week, the Massachusetts Appeals Court ruled that a defendant cannot be criminally liable if he distributes drugs within a park or playground that is NOT “public”, even…
In a recent unpublished decision, the Massachusetts Appeals Court reversed the conviction of a man who was found guilty of Operating Under the Influence of Alcohol because his lawyer failed to introduce to the jury evidence that he had an attention deficit disorder and a learning disability. The Appeals Court agreed that his lawyer failing to introduce this evidence in…
Many clients, and even attorneys, don’t understand the perils of interviewing potential witnesses without the assistance of an investigator. Even when I explain and encourage client to retain the services of an investigator, many of them forego the use of an investigator for no other reason than to save some money. Unfortunately, not hiring an investigator can end up costing…
In a recent appeal concerning a sexual assault case, he Massachusetts Appeals Court considered whether the purported ‘first complaint testimony’ must be remembered by the complainant in order to be admissible against a defendant at trial. In Commonwealth v. Dale, the defendant appealed from his conviction of indecent assault & battery on a child under 14, arguing that the trial…