Both the Massachusetts State Constitution and the United States Constitution protect criminal defendants’ right to be effectively represented by counsel during their prosecution. A convicted person who can demonstrate that their attorney was ineffective in representing them may be entitled to the reversal of a conviction, even when the defendant…
Massachusetts law enforcement officers and agencies rely heavily on tips and testimony offered by confidential informants (CIs) when investigating and charging alleged criminal activity. Police often acquire CIs from the community in which they are investigating crimes. CIs who have previously been involved in criminal conduct are often offered incentives…
The Fourth and Fourteenth Amendments to the U.S. Constitution protect Massachusetts residents from unreasonable searches and seizures by law enforcement when a crime is being investigated. The most accepted and common way for law enforcement officers to ensure compliance with the Fourth Amendment is for them to obtain a valid…
The Second Amendment of the United States Constitution protects the rights of U.S. Citizens to keep and bear arms. These protections, while granted in the 18th century with the adoption of the Bill of Rights, are regularly open to reinterpretation by courts. The United States Supreme Court has the final…
In the past decade, the criminal justice system in the state of Massachusetts has become infamous for egregiously dishonest conduct by state crime labs and prosecutors, resulting in thousands of criminal convictions being overturned. While the most well-known cases of this conduct relate to drug testing procedures by the state…
In a recent Massachusetts appellate court opinion regarding an appeal claiming insufficient evidence to support the conviction, the court upheld the trial court decision, affirming the conviction. At trial, the defendant and the co-defendant were convicted on various charges arising from the operation of a series of brothels in North…
The collective knowledge doctrine is a legal theory used in the state to give law enforcement officers expanded opportunities to legally perform a search on a criminal suspect without a warrant. Generally, the doctrine has allowed police and prosecutors to successfully argue that any single police officer involved in an…
Crimes involving operating a motor vehicle under the influence of drugs or alcohol, together referred to as OUI offenses, are some of the most commonly charged offenses in the state of Massachusetts. OUI crimes are unique, as the evidence required to convict a defendant (blood alcohol or drug concentration) is…
Domestic violence crimes are commonly charged in Massachusetts, and their prosecution often relies on the testimony of an alleged crime victim. It is more common in domestic violence cases for a victim to change their story as the case progresses. Victims regularly will recant the accusations made against their domestic…
In a recent case before an appeals court in Massachusetts, the defendant asked the court to reconsider his convictions of unlawful possession of a firearm, unlawful possession of ammunition, and improper storage of a firearm. Originally, the defendant was criminally charged after two police officers found a loaded firearm in…