The Fourth Amendment of the United States Constitution is a vital protection against unlawful searches and seizures. It ensures that evidence obtained without a valid warrant cannot be used against defendants in court. However, there are exceptions to the warrant requirement, and law enforcement officers, along with prosecutors, often seek…
Boston Criminal Defense Lawyer Blog
How Massachusetts Courts Handle Evidence of Prior Uncharged Acts in a Prosecution
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…
How Police Can Turn an Unlawful Stop into Admissible Evidence
In Massachusetts, prosecutors bear the significant responsibility of proving that any evidence used against a defendant is admissible before it can be presented to a jury. This process ensures that the rights of the accused are protected and that the integrity of the judicial process is maintained. Generally, evidence obtained…
Defense Attorneys Must Keep up with Technological Advances in Surveillance and Data Collection
In today’s rapidly advancing technological landscape, law enforcement agencies and prosecutors have access to a growing array of tools and methods to investigate and gather evidence. With the advent of artificial intelligence and sophisticated data analytics, traditional methods of crime-solving are being supplemented and often surpassed by new digital techniques.…
How Do Lewdness and Public Indecency Laws Apply to Behaviors Witnessed Only Virtually
In today’s digital age, technology has revolutionized countless aspects of our lives, including the ways in which the legal system in Massachusetts addresses public indecency and related offenses. Surveillance cameras, smartphones, and social media have made it easier than ever for law enforcement and prosecutors to monitor and prosecute behavior…
Massachusetts Appellate Court Addresses Reasonable Suspicion Requirement for Detaining Suspects of Drug Crimes
The Fourth Amendment to the U.S. Constitution protects Americans from unreasonable searches and seizures by law enforcement, which can include unlawful arrests or detainments. In the event of an unlawful search or seizure, the law mandates that any evidence obtained illegally cannot be used in the prosecution. The Massachusetts Court…
The Uphill Battle of Pursuing an Ineffective Assistance of Counsel Claim after a Massachusetts Conviction
Anyone accused of a crime in Massachusetts may have several opportunities to challenge the accusations lodged against them. Sometimes, charges are dismissed based on evidentiary issues before a trial occurs. At the close of a trial, defendants may be successful in asking the court to acquit them without sending the…
Can a Dramatic In-Court Identification Unfairly Influence a Jury?
In the world of legal dramas as known by pop culture, we’ve all witnessed those intense courtroom scenes where a victim or witness dramatically points to the defendant, solidifying their guilt in the eyes of the jury. However, what these shows and movies often fail to depict is the complexity…
Massachusetts Appeals Court Gives Broad Access to Law Enforcement Seeking Cellular Phone Location Data
Criminal investigations have changed drastically in the last 30 years. The rise of cell phones and smartphones has created a new field of evidentiary law related to these electronic devices. Cell phone providers can track the location and behaviors of their customers, and police often seek this information to place…
How the Severity of an OUI Accusation May Affect Evidentiary Requirements
Driving under the influence (OUI) cases are complex legal matters that require a thorough understanding of state laws and procedures. In Massachusetts, OUI laws are stringent, and recent judicial opinions shed light on critical aspects of these cases, particularly concerning authorities who perform blood alcohol testing without the consent of…