Your Shield Against Criminal Prosecution
In the case of Salinas v. Texas, the United States Supreme Judicial Court recently considered the question of whether a defendant’s pre-arrest silence, prior to being placed in custody or receiving Miranda warnings, can be used against him in a subsequent criminal prosecution as evidence of consciousness of guilt. In this case, prior to being taken into custody, the defendant…
In the case of Commonwealth v. Joshua Lewis, the Massachusetts Supreme Judicial Court recently emphasized the limitations prosecutors are required to abide by when arguing their cases before juries. In that case, the defendant was charged with assault with intent to murder and several firearms offenses after being shot and wounded by a Massachusetts State Police Trooper. At trial, the…
In a recent case involving a constitutional challenge to seizing a person’s DNA without his consent, the United States Supreme Judicial Court, in Maryland v. King, considered whether it is a constitutional violation for police officers to take a defendant’s DNA as part of the normal booking procedure following an arrest. This was authorized by a statute enacted in Maryland.…
In Commonwealth v. Akara, the Massachusetts Supreme Judicial Court considered whether evidence of a defendant’s “gang affiliation” was properly admissible in his murder trial on a theory of joint venture. In that case, the defendant was charged as a joint venturer in the murder of Philip Gadsden at an MBTA station. At trial, the government introduced evidence of the defendant’s…
In the recent decision in Florida v. Jardines, the United States Supreme Court considered whether police could lawfully use a drug sniffing dog to search a the curtilage of a person’s home. In a unanimous decision, the United States Supreme Court held that law enforcement must apply for and obtain a search warrant before they can enter the private property…
As far as Massachusetts Drunk Driving trials go, prosecutors are not able to introduce to a jury evidence that the driver refused to perform any field sobriety tests. But what about the scenario where the driver initially agreed to perform field sobriety tests and then decided to stop? The Massachusetts Supreme Judicial Court recently addressed these circumstances in the case…
The Massachusetts Rules of Criminal Procedure establish time limitations as to when a criminal defendant is charged and to be brought to trial, and these protections are guaranteed in the United States Constitution and the Massachusetts Declaration of Rights. But in many criminal cases, there are a variety of delays that often occur. Delays can result from simple discovery or…
A Northeastern student was recently charged with various Massachusetts Crimes of Violence against two women in Boston in separate incidents. The student, who is from Medford, was charged in Roxbury District Court last week with Assault with Intent to Rape, Armed Robbery, and Assault & Battery with a Dangerous Weapon. In this incident, the student is alleged to have jumped…
A Boston man was charged this past week with various Massachusetts Sex Crimes Charges involving the alleged sexual assault of a woman in Provincetown on Cape Cod. The defendant was charged in Orleans District Court with Rape, Indecent Assault & Battery and Distribution of Drugs. Rape in Massachusetts is defined as the natural or unnatural sexual intercourse with another person…
A Stoneham was arrested for Massachusetts Drunk Driving Violations on the Massachusetts Turnpike with his two children in the vehicle. The defendant was arraigned in Dudley District Court on Monday and charged with Operating Under the Influence of Alcohol and Child Endangerment While OUI / DUI. According to the Massachusetts State Police, troopers received a call to be on the…