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Boston Criminal Defense Lawyer Blog

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Criminal Liability for Hit and Run in Massachusetts

In Commonwealth v. Anderson, a Massachusetts appellate court considered a criminal hit and run case. The defendant was charged with leaving the scene of a motor vehicle accident after causing personal injury and property damage, as well as reckless operation of a motor vehicle. The case arose after 2:00 a.m., when…

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When Is a Patfrisk Appropriate in a Suspected Drug Crime Case in Massachusetts?

Commonwealth v. Nichols arose when two police officers trained in drug crimes went undercover to patrol a section of Boston. The officers had received multiple drug-related complaints for that neighborhood, which was already known to the police for its drug activity. The officers saw a man (Kyle Brito) on his…

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Probable Cause to Believe a Joint Venture Crime Has Been Committed

In Commonwealth v. Sanchez, the Commonwealth of Massachusetts appealed from orders that granted motions to suppress evidence that was seized during the search of codefendants. There were four companion cases. The issue in the case was whether the police had enough of a basis to believe that the codefendants were…

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Tips from Confidential Informants Related to Massachusetts Drug Crimes

In Commonwealth v. Ortiz, the defendant appealed from a second conviction of cocaine possession with intent to distribute within 100 feet of a public park or playground in violation of MGL chapter 94C, § 32A(c). He filed a motion to suppress on several grounds, including that the Commonwealth’s substitute chemist had not…

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Collateral Estoppel in a Heroin-Related Criminal Case in Massachusetts

In Commonwealth v. Rodriguez, a Massachusetts appellate court considered a case involving a conviction for possession of heroin with intent to distribute in violation of MGL c. 94C, § 32(a) & (b). The case arose when a state trooper and sergeant were waiting outside an address in Brockton. The state trooper…

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Intentional Assault and Battery in Massachusetts

In Commonwealth v. Romero, a Massachusetts defendant appealed from a conviction arising from M.G. L. c. 265, § 13A(a), which covers assault and battery. The defendant argued that the judge improperly denied her motion for a required finding of not guilty and had given incorrect jury instructions regarding the elements of…

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Pat Frisks When Suspected of Possessing a Firearm in Massachusetts

In Commonwealth v. Bouyer, a Massachusetts defendant appealed from convictions of possessing a loaded firearm, possessing ammunition without a firearm card, and carrying a firearm without a license to do so. The case arose at around 12:20 a.m. when three plainclothes police officers were patrolling in an unmarked cruiser. They…

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