Boston Criminal Lawyers Blog
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Jared Remy, of Waltham, was charged this week in Waltham District Court with Massachusetts Murder Charges in connection with the stabbing death of his girlfriend, Jennifer Martel.

According to the Middlesex County District Attorney’s Office, Waltham Police officers responded to a 911 call at Remy’s apartment and found what they described as a scene indicating a struggle inside and outside of the home. Ms. Martel, according to police, was located on the patio outside with multiple stab wounds.

A neighbor, identified by the Boston Globe as Benjamin Ray, told the media he witnessed the incident; that Remy was repeatedly stabbing her with a knife. He told reporters that he tried to stop it but it wasn’t enough.

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The Massachusetts Appeals Court recently reversed the conviction of a man who was convicted of Annoying or Accosting a Person of the Opposite Sex where the government failed to provide proof that the alleged conduct involved a sexual element.

The prosecution alleged that the defendant approached a woman and tried repeatedly to converse with her. She ignored his attempts and the defendant then left in his car. Sometime later, the defendant again approached the woman and ordered her to get in the car. Eventually, the defendant drove away, but not before the woman was able to get the man’s license plate.

Following trial, the defendant was convicted with having Annoyed or Accosted a Person of the Opposite Sex and appealed.

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In the case of Salinas v. Texas, the United States Supreme Judicial Court recently considered the question of whether a defendant’s pre-arrest silence, prior to being placed in custody or receiving Miranda warnings, can be used against him in a subsequent criminal prosecution as evidence of consciousness of guilt.

In this case, prior to being taken into custody, the defendant voluntarily answered some questions from police about a murder. After answering several questions, the defendant remained silent when he was asked whether any ballistic evidence testing would yield matches between his shotgun and the shell casings found at the crime scene. Rather than answer, the defendant remained silent, shuffled his feet, and bit his lip.

After being silent for several moment, he then continued answering other questions from the police.

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In the case of Commonwealth v. Joshua Lewis, the Massachusetts Supreme Judicial Court recently emphasized the limitations prosecutors are required to abide by when arguing their cases before juries.

In that case, the defendant was charged with assault with intent to murder and several firearms offenses after being shot and wounded by a Massachusetts State Police Trooper. At trial, the defendant’s attorney argued that the defendant did not have a gun, fired at the defendant without justification, and then placed a gun where the defendant was laying.

In closing arguments, the prosecutor made statements to the jury that the defendant was a “street thug” and even went so far as calling the defendant’s attorney a liar; and the defendant’s theory of defense a “sham”.

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In a recent case involving a constitutional challenge to seizing a person’s DNA without his consent, the United States Supreme Judicial Court, in Maryland v. King, considered whether it is a constitutional violation for police officers to take a defendant’s DNA as part of the normal booking procedure following an arrest. This was authorized by a statute enacted in Maryland.

In that case, the defendant was arrested on assault charges. During the booking process, officers used a cheek swab to take a DNA sample from the defendant. The swab was ultimately matched to an unsolved 2003 rape, and the defendant was charged with that crime as well.

The defendant moved to suppress the taken of his DNA without his consent or without a court order, and the case eventually made its way to the United States Supreme Court, which held that:

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In Commonwealth v. Akara, the Massachusetts Supreme Judicial Court considered whether evidence of a defendant’s “gang affiliation” was properly admissible in his murder trial on a theory of joint venture.

In that case, the defendant was charged as a joint venturer in the murder of Philip Gadsden at an MBTA station.

At trial, the government introduced evidence of the defendant’s gang affiliation through the testimony of a Boston Police Officer. The officer testified that the Boston Police Department classifies any group or association of four or more people who call themselves by a group name and have various identifying signs, symbols or clothing. At trial, witnesses testified that the defendants were associated with a particular gang, but there was no evidence of any specific criminal activity by this gang other than alleged vandalism.

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In the recent decision in Florida v. Jardines, the United States Supreme Court considered whether police could lawfully use a drug sniffing dog to search a the curtilage of a person’s home.

In a unanimous decision, the United States Supreme Court held that law enforcement must apply for and obtain a search warrant before they can enter the private property of a person for the purposes of gathering evidence of a crime.

In this particular case, after receiving a tip, the police conducted surveillance of the defendant’s home. Officers eventually approached the house with a drug-sniffing canine dog, who sniffed the defendant’s porch area and front door. After the canine signaled positive for drugs, the police used that information and applied for a search warrant and eventually arrested the defendant for drug trafficking.

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The Massachusetts Rules of Criminal Procedure establish time limitations as to when a criminal defendant is charged and to be brought to trial, and these protections are guaranteed in the United States Constitution and the Massachusetts Declaration of Rights.

But in many criminal cases, there are a variety of delays that often occur. Delays can result from simple discovery or evidentiary issues; witness issues; or in some cases, neglect.

By way of background, defendants are protected from potential criminal charges through the Statute of Limitations or where the initiation of criminal charges are delayed. By statute. Massachusetts General Laws Chapter 277, Section 63, many felonies must be charged within 10 or 15 years from the date of the commission of the alleged crime. The exception is murder, however, for which there is no statute of limitation. By contrast, most misdemeanor offenses must be charged within 6 years from the alleged commission of the crime.

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A Northeastern student was recently charged with various Massachusetts Crimes of Violence against two women in Boston in separate incidents.

The student, who is from Medford, was charged in Roxbury District Court last week with Assault with Intent to Rape, Armed Robbery, and Assault & Battery with a Dangerous Weapon. In this incident, the student is alleged to have jumped out of bushes and attacked a woman, threatening to rape her while trying to remove her clothes. The woman reportedly suffered wounds to her hand and her leg and reported that the student used a knife in this attack.

In another incident occurred later that same evening, the student allegedly knocked another woman over and tried to rape her. He was charged in connection with that incident in West Roxbury District Court with Assault with Intent to Rape.

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A Boston man was charged this past week with various Massachusetts Sex Crimes Charges involving the alleged sexual assault of a woman in Provincetown on Cape Cod.

The defendant was charged in Orleans District Court with Rape, Indecent Assault & Battery and Distribution of Drugs.

Rape in Massachusetts is defined as the natural or unnatural sexual intercourse with another person by force and against that person’s will, and is punishable by up to 20 years in state prison.