A 209A restraining order charge tied to a Snapchat message usually comes down to identity. The Commonwealth has to show the message came from you, not just from an account that looks like yours or a screenshot that points in your direction. A recent Massachusetts Appeals Court decision, Commonwealth v.…
When Massachusetts courts require GPS monitoring as part of pretrial release, many people are unaware that the location data collected may later be used as evidence against them. In a recent ruling by the Supreme Judicial Court, the justices reviewed whether law enforcement could lawfully access and rely on GPS…
In Massachusetts criminal trials, evidence presented by the state must be relevant to the case, but not all relevant evidence is automatically admissible. The court must weigh whether the evidence’s probative value—its ability to prove something important—is greater than its potential to unfairly prejudice the jury against the defendant. Certain…
In certain instances, a person charged with a Massachusetts criminal offense may wish to appeal a court ruling before his or her case has gone to trial and resulted in a final conviction. Such appeals of intermediate rulings, known as interlocutory appeals, can be useful in preventing a defendant’s rights…
In a recent Massachusetts appellate decision, the defendant was convicted of assault and battery with a deadly weapon on a pregnant person, as well as ordinary assault and battery on a pregnant woman and a violation of an abuse prevention order. He argued on appeal that the prosecutor’s misstatements warranted…
In Commonwealth v. Jones, the appellate court considered a case in which the defendant was convicted of violating M.G.L. c. 265, § 13M, assault and battery on a family member. In 2015, the defendant and his wife were at home. The wife was using the husband’s cell phone to get…
Under Massachusetts General Laws, Chapter 275, Section 4, it is a crime to threaten to commit a crime against someone else. If the defendant is convicted, he can be punished by a fine of $100 or less, or by imprisonment for six months or less. In many cases, there are…
As discussed in prior blog posts, Massachusetts Governor Deval Patrick signed Senate Bill 2334 in August. The bill created new criminal charges related to domestic violence. It amends chapter 265 to create two new crimes: assault and battery on household members as well as suffocation and strangulation. Under the new…
As we previously noted on this blog, in August, Governor Patrick signed the “Act Relative to Domestic Violence,” which changes the law with regard to many aspects of domestic abuse cases. Since it was an emergency act, the provisions took immediate effect. In Massachusetts, domestic violence includes not only physical…
In Massachusetts, domestic violence is a crime that includes not only physical harm but also attempts to cause physical harm, triggering fear of imminent serious physical harm or involuntary sexual relations between family or household members. Family and household members include people who are married, are living together, are related…