The Massachusetts SJC will soon release a decision that could have a major impact on how addiction and drug offenses are treated in Court. The case of Commonwealth v. Julie Eldred involves a very common situation that occurs in the district courts. The defendant agreed to a plea on the…
Articles Posted in Important SJC Decisions
What it means to Possess a Firearm in Massachusetts
In a Massachusetts gun charge of possession of a firearm without an FID card, there are typically three common defenses that are successful in fighting the case: 1. That you did not possess the firearm 2. That the seizure of the firearm from you was unlawful 3. That the method by…
Search Incident to Arrest doctrine key in Serious Massachusetts Felony Offense of Human Trafficking
As a Massachusetts Criminal Defense Lawyer, the outcome of serious criminal cases can often come down to very specific facts developed during a motion to suppress. In the case of Commonwealth v. Aderito Barbosa, the defendant was charged with Human Trafficking. This is a criminal offense that carries up to…
Free Speech and Religious Belief at issue in US Supreme Court case about a cake
In December, the Supreme Court began oral arguments in a Colorado case, where a shop owner denied service to a same-sex couple looking to purchase a cake. As the arguments ensued, it began clear that the justices were sharply divided and highlighted many of the issues, on both sides, in…
SJC considers whether a juvenile can be charged with involuntary manslaughter for encouraging another to commit suicide
The Massachusetts Supreme Judicial Court heard oral arguments recently in the case of Commonwealth v. Carter. Carter is charged with involuntary manslaughter for encouraging her boyfriend, Conrad Roy, to commit suicide. The question the court must answer now is whether evidence that a juvenile has encouraged someone else to commit…
Inventory Search Found unlawful by Massachusetts SJC
The Massachusetts Supreme Judicial Court Ruled this past week it was unreasonable for the police to impound a vehicle lawfully parked in a department store lot and conduct an inventory search of the vehicle after the authorized driver of the vehicle was arrested for shoplifting in the case of Commonwealth…
Massachusetts SJC to Hear Oral Arguments Over Teen Suicide Encouragement Case
The Massachusetts Supreme Judicial Court will hear oral arguments on Thursday in the case of Commonwealth v. Carter. Defendant Michelle Carter allegedly encouraged her friend to commit suicide, which he followed through with. Carter was only 17 at the time and therefore tried as a juvenile. The Court will hear…
Massachusetts SJC Holds That A Violation While “On Release” Constitutes A Revocation Of Bail
In a recent Massachusetts SJC decision, Commonwealth v. Morales, the Court confirmed its authority to revoke a defendant’s bail after being out “on release” and had defaulted by not appearing to his pretrial hearing and subsequently committed a new crime. The decision essentially means that when a defendant has a…
SJC heard argument to decide whether a CWOF is a conviction for purposes of CDL license revocation
The Massachusetts Supreme Judicial Court heard oral argument in the case of Tirado v. Board of Appeals addressing the issue of whether a CWOF qualifies as a conviction for the purposes of CDL license suspensions. In Souza v. Registrar of Motor Vehicles, 462 Mass. 227 (2012), the SJC held that…
Eyewitness Testimony in Massachusetts after Commonwealth v. Crayton
In Commonwealth v. Crayton, 470 Mass. 228 (2014), the SJC issued an important decision regarding in court identification testimony. The SJC held that if there is no prior identification of the defendant by the witness prior to trial, then an identification for the first time in court is unnecessarily suggestive…