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Massachusetts Criminal Defense Attorney Blog

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Massachusetts Search Warrant Exception Applies to Animals: Commonwealth v. Duncan, 467 Mass. 746 (2014)

On April 11, 2014 the Massachusetts Supreme Judicial Court held that the emergency aid exception to the search warrant requirement applies to animals. The case, Commonwealth v. Duncan was reported to the Court by a Superior Court judge after ruling in favor of the defense on a motion to suppress…

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Massachusetts Sexual Assault Case That Will Never Be Proved If Suspect Does Not Talk to the Cops

Yesterday I received a call from a client. He told me that the police in a certain suburban Boston, Massachusetts town wanted to talk to him about a sexual assault. When pressed he learned that the allegations were hideous – rape of a child. He had absolutely no idea what…

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What Happens in Massachusetts if You Obliterate a Firearm Serial Number

Today’s Lawrence Eagle Tribune has an article about two Lawrence men who were trying to melt a gun in a microwave at a local hotel. Socorro Vargas-Martinez and Hector Perez were renting a room at the hotel in which there was an explosion. Investigating officers determined that the explosion originated…

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Cape Cod Woman Charged As Accessory After the Fact to Shooting

Today’s Portland Press Herald reports that two Massachusetts residents have been apprehended in Maine and will be brought back to Falmouth to face felony charges. Leah Wiinikainen and David Byron were allegedly involved in a shooting over the weekend. Details of the Massachusetts case have not been released however Byron…

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Melrose Man Violates Probation With Drug Dealing Activity

A Melrose man recently found himself arrested and inviolation of his probation when he was caught drug dealing by Lawrence police. The Lawrence Eagle Tribune reports that Mohamed Soltani had previously been prosecuted in Boston for drug dealing and was placed on probation and ordered to wear a GPS Monitoring…

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Will The Massachusetts Legislature Increase Heroin Trafficking Sentences?

Today’s Metrowest Daily News reports that Massachusetts House of Representative leaders are considering a proposal that would increase the potential sentence of for heroin trafficking offenses. The suggested law is a reaction to the recent increase in heroin overdose deaths. This legislation would increase the maximum sentence that can be…

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Massachusetts Man Who Threatens Suicide Faces Unlawful Possession of a Firearm Charge

The Brockton Enterprise reported today that authorities have charged an unidentified man with possession of a shotgun. The man threatened suicide and the police were called to the scene. The police ultimately entered the man’s home and found firearms and ammunition. It was then determined that the man did not…

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Amesbury Massachusetts Pair Face Heroin and Cocaine Trafficking Charges

Today’s Newburyport News reports that a two week long drug investigation has led to the arrest of two Amesbury, Massachusetts residents.  Jesus Ruiz and Sandra Magrath were apparently present when officers raided their Whitehall Road home a couple of days ago.  Both were charged with trafficking cocaine and a heroin…

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Defending Massachusetts Prostitution Cases: Defendant Was a Victim of Human Trafficking

Sex For a Fee Defense Several times in the past I have written about Massachusetts Human Trafficking cases and what I perceive as the prosecution stretching prostitution charges into human trafficking cases.  The human trafficking cases are more serious than sex for a fee matters.  I commented that people willingly…

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