Articles Tagged with Boston Criminal Lawyer

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The Massachusetts Appeals Court recently reversed the conviction of a man who was found guilty after trial in the Cambridge District Court of gun/firearms charges, including unlawful possession of a firearm. Timageshe issue on appeal concerned the pre-trial motion to suppress challenge of the defendant, who argued that he was unlawfully seized and searched by police because they lacked reasonable suspicion to stop him.

The case arose in 2006 when a woman reported that her car was struck by a bullet as she was driving in Cambridge, Massachusetts.  At 10:50 p.m., Cambridge Police Officers met with the woman near the location where the shots were believed to have been fired. She told police that, immediately after the shots, she saw a group of young black males run into the courtyard of a housing complex. Notably, she stopped short of saying that the group was involved with the shooting of her vehicle, and she was not able to provide any descriptive information about the males she saw running. Continue reading →

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In a recent decision, the Massachusetts Appeals Court appears to have broadened the scope of “reasonable suspicion to stop” a person in circumstances where he did not match the descriptions of the suspect as provided by eyewitnesses.

In the case of Commonweatlh v. Johnson, police responded to several 911 calls of shots fired by multiple shooter in a residential area. One 911 caller reported that the shooters were black and or Spanish, one of which ran towards a nearby park. Another 911 caller reported a shooter as a black male who wore a black jacket, a red bandana, and then ran from the scene (without stating even the general direction of flight). Continue reading →

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The Massachusetts Appeals Court recently ruled that it is reversible error and improper for a prosecutor to suggest the defendant had the opportunity to tailor his testimony and lie because he had heard the other witnesses during trial.  This issue was addressed in Commonwealth v. Alphonse, and because the error was reversible, the defendant’s conviction was reversed.

The defendant was tried for the crime of assault & battery in the Brockton District Court.  During closing arguments, the prosecutor argued:

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In the recent case of Commonwealth v. Walter Crayton, the Massachusetts Supreme Judicial Court established a new standard for the admission at trial of an in-court identification of the defendant where the witness had not, prior to trial, been asked to participate in an out of court identification procedure.  The new rule imposes the burden on the Commonwealth to request. prior to trial, that the prospective witness be permitted to make an in-court identification if there has not been any previous identification of the defendant.

Once the prosecutor makes this request, the burden remains on the defendant to establish that the proposed in-court identification would be “unnecessarily suggestive” and that there would be no “good reason” for it.  Examples of “good reason” for the first identification procedure by a witness against a defendant at trial may include circumstances where the eyewitness was familiar with the defendant before the commission of the crime; or where the eyewitness was the arresting officer.  In other words, circumstances where the witness and the defendant were known to one another or where the identity of the defendant is not a live issue at trial – where the witness is not identifying the defendant based solely on his memory of witnesses the defendant at the time of the incident and therefore, little risk of misidentification from the in-court show-up. Continue reading →

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In a case decide today, in L.L., a Juvenile v. Commonwealth, the Massachusetts Supreme Judicial Court rules on the standard a juvenile court judge determines the risk of re-offense on the part of a juvenile who committed a ‘sex offense’ that imposes the requirement of sex offender registration.  The SJC ruled that, even as it pertains to juvenile offenders, it is within the judge’s discretion to determine whether the juvenile offender should or should not be relieved of the obligation to register as a sex offender.

In this case, the juvenile was charged in Essex County Juvenile Court as a result of allegations that occurred in Lynn, Massachusetts.  The juvenile was charged with two counts of Indecent Assault & Battery on a Person.  The charges arose from allegations that the juvenile, who was 16 at the time, went up to an adult woman from behind; pulled down her pants; and then made inappropriate comments about her private area while also grabbing his genitals.  A week after this incident, the juvenile did something very similar to a second woman. Continue reading →

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The Massachusetts controlled substance laws punishes with enhanced penalties those persons who violated the drug laws for the sale or distribution of drugs within 100 feet of a “public park or playground”. This week, the Massachusetts Appeals Court ruled that a defendant cannot be criminally liable if he distributes drugs within a park or playground that is NOT “public”, even if it is accessible to members of the public.

In the case of Commonwealth v. Gopaul, the defendant was convicted for selling marijuana to an undercover police officer within 100 feet of an outdoor playground at the Windsor Meadows Apartment Complex, a private apartment complex in Marlborough, Massachusetts. The playground was not fenced in and, arguably, anyone could enter the playground.

The defendant challenged his conviction after trial, arguing that the Drug Distribution Near School Zone, Park or Playground Statute in Massachusetts General Laws Chapter 94C, section 32J, applies only to “public” playgrounds, not those that are on private property. Continue reading →