Some people argue that the most onerous aspect of the Massachusetts restraining order statute is the requirement that firearms be surrendered. Massachusetts General Laws Chapter 209A Section 3B states that once a restraining order issues the defendant must immediately surrender all firearms. The law also requires the defendant to surrender…
There is perhaps nothing more unfair and suggestive in criminal law than photo arrays. This is a procedure where the police place before a witness several photos and ask if the person who committed the alleged crime is depicted in one of the pictures. Included in the array is a…
Experienced police officers believe they know exactly how to write reports that will survive constitutional challenges. They learn this skill at the police academy, through occupational trainings and from losing suppression hearings. Yet regardless of what they put in their reports they still have to be able to stand up…
Arrests for serious crimes are likely to trigger requests for bail. This is true not just in Massachusetts but in every state. Bail orders are set in various situations. Bail orders depend on the severity of the crime charged and other things more fully discussed below in this post. Massachusetts…
Earlier today I read a blog post written by Orange County criminal lawyer Randy Collins discussing the role of jailhouse informants or snitches in helping prosecutors prove cases. It reminded me of just how difficult defending criminal cases can be when a client is locked up awaiting trial. The use…
We have all heard the expression innocent until proven guilty. We all know that the proof is on the district attorney to prove beyond a reasonable doubt that the defendant committed the crime charged. We are familiar with those historic words “cloaked with the presumption of innocence”. Yet any time…
The Massachusetts joint venture laws are perhaps the most confusing for jurors to appreciate and understand. A joint venturer is someone who aids or assists in the commission of a crime. This is the person or people who help the principle do the actual act. Helping someone escape or acting…
There was once a time in Massachusetts when a witness who had already testified before a grand jury could simply invoke his privilege against self-incrimination and avoid having to testify in court. Then, in the mid 1990’s, when street gang violence was perhaps at its worst in Boston, things started…
This question is brought up in my office several times each month. Someone is arrested and charged with drug trafficking. They had very little or no drugs on them. Or, they were caught selling a small amount of a controlled substance. Small meaning substantially less than the threshold amount needed…
Do you ever wonder why “routine” motor vehicle stops often seem to result in major drug busts? How is it that the cops just happened to pull someone over and suddenly find large quantities of drugs in the car, on the driver and in the possession of the passenger? Is…