Massachusetts Legal Developments Blog

Massachusetts Legal Developments Blog

MASSACHUSETTS MAKING STEADY PROGRESS IN REFORMING MANDATORY MINIMUMS

In the early 1980s, the Massachusetts legislature passed the commonwealth’s first mandatory minimum laws for drug offenses. These laws took discretion out of the hands of prosecutors and judges and created fixed sentences based on the specifics of the crime committed. The length of the sentence is usually based primarily on the weight of the drugs with which the defendant was caught. The mandatory minimum laws were a response to a perceived increase in drug abuse in Massachusetts, and also a belief that other types of crime (including violent crime) tended to follow drug crime.

Over the past 30 years or so, mandatory minimum laws for drug offenses have become increasingly controversial, both in Massachusetts and around the country. Low-level drug offenders have wasted away in prison, while the overall rates of drug addiction and drug crime have either risen or stayed the same. The legislature has gradually reformed the drug sentencing laws to make them somewhat less harsh. Most recently, on August 2, 2012, the governor signed the 2012 Massachusetts Drug Sentencing Reform Law, which reduced the mandatory minimum sentences that courts must impose on drug offenders.

The 2012 law covers a series of drug distribution and trafficking offenses, and lowers the minimum sentence that a judge must impose on someone convicted of these crimes. The Massachusetts Controlled Substances Act divides illicit drugs into five classes: Class A (including heroin, morphine, codeine, and ketamine), Class B (cocaine, crack, amphetamines, methadone, LSD, and PCP), Class C (peyote and mescaline), Class D (marijuana), and Class E (non-narcotic prescription drugs).

The reform law shortened mandatory sentences for drug offenses by up to one-third. For example, the minimum sentence for someone convicted of a second time of distribution of a Class A substance is now 3½ years instead of five years. The minimum sentence for trafficking 100 to 2,000 pounds of marijuana was reduced from three years to two years. And the mandatory minimum for trafficking 100 to 200 grams of certain Class B substances was changed from 10 years to eight years.

In addition, the law significantly reduces the minimum fines that the court must impose. While the changes only apply to those who are convicted after August 2, 2012, the reforms will also have an impact on drug offenders who were already in prison when the new law was signed. Convicted drug offenders are now eligible for earlier parole, work release, and earned good time. While the 2012 law and some of the other previous reforms are steps in the right direction, the ultimate goal of sentencing reform advocates is to eliminate mandatory minimums altogether. This would restore judges’ discretion to determine sentences in each specific case, and would bring back some basic fairness to the justice system.

If you have been charged with violating Massachusetts drug laws, or have been given an excessive mandatory minimum sentence, you should immediately seek out the assistance of an experienced criminal defense attorney. Contact Edward R. Molari, Attorney at Law, today for a confidential consultation.

See Related Posts:

Supreme Judicial Court Clarifies Drug Possession Law in Light of Marijuana Decriminalization

Supreme Judicial Court Rules that School Zone Amendment Applies Retroactively

 

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Criminal Defense

Appeals Court Justices Split on Issue of Notice in Suspended License Cases

 

Massachusetts traffic laws can often be exceedingly complex, confusing, and illogical. In particular, there is an assortment of laws related to driving without a license or with a suspended license, with each offense carrying a distinct sentence. The devil, as always, is in the details. One of the crimes in this category that carries a particularly harsh sentence is that of operating a motor vehicle with a driver’s license that was suspended for OUI. The maximum penalty for this offense is two-and-a-half years in jail (with at least 60 days served), and an additional one-year loss of license.

In order to establish that a defendant committed a crime, the Commonwealth must prove each element of the offense beyond a reasonable doubt. The elements of driving with a license suspended for OUI are as follows: (1) Operating a vehicle on a public way; (2) with license suspended or revoked; (3) due to having previously admitted to sufficient facts for a finding of guilty of OUI; and (4) with proper notice that said license had been suspended or revoked.

In a recent case before the Massachusetts Appeals Court, a criminal defendant appealed his conviction for operating with a license suspended for OUI, on the grounds that he was not given proper notice of the suspension, and therefore that the Commonwealth did not prove the fourth element of the crime. In a 2-1 decision, the Appeals Court found for the Commonwealth, upholding the conviction. However, the dissenting judge, Justice Agnes, used some interesting reasoning that, if it were to be adopted by a majority of judges, would be beneficial to criminal defendants and defense attorneys.

The only evidence the Commonwealth presented pertaining to the fourth element was a docket entry included in a trial exhibit, showing that the defendant admitted to sufficient facts in his previous OUI case, and that the sentence included a 60-day loss of license. However, as Justice Agnes pointed out, the docket entry did not say that the defendant received notice that his license was suspended and that the suspension was effective immediately.

The majority reasoned that the docket entry provided a basis to make a reasonable inference that the defendant had notice of the suspension. However, Justice Agnes countered that an inference is not enough to prove the element beyond a reasonable doubt, if there is no additional corroborating evidence. Also, there were facts in the case that actually undermined the inference in question. Specifically, the defendant’s license should have been confiscated when he was convicted of OUI, but it apparently was not, since he had it with him when he was later pulled over.

Justice Agnes wrapped up his dissent by asserting that a criminal defendant’s Due Process rights place the burden on the Commonwealth to prove each element beyond a reasonable doubt, and that, in this case, it did not meet that burden. While Justice Agnes is an outlier at this point, his dissent does provide a glimmer of hope for some criminal defendants and defense attorneys who handle traffic crimes.

If you have been charged with violating Massachusetts traffic laws, you should immediately seek out the assistance of an experienced criminal defense attorney. Contact Edward R. Molari, Attorney at Law, today for a confidential consultation.

See Related Posts:

HIGH-SPEED CHASE HIGHLIGHTS INCONSISTENT SUSPENDED LICENSE LAWS

SUPREME JUDICIAL COURT RULES POLICE OPINION INADMISSIBLE IN OUI CASES

 

 

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Criminal Defense

High Speed Chase Hightlights Inconsisten Suspended License Laws

 

An 18-year-old driver from Bridgewater allegedly led police on a high-speed chase in the early morning hours about three weeks ago. According to a story in the Taunton Daily Gazette, the driver is facing multiple criminal charges, and will likely face more as the case moves forward. He was originally clocked going 91 miles per hour down a city street, and refused to pull over when an officer tried to stop him.

The chase took the driver and police down several streets in Bridgewater and West Bridgewater. Police were finally able to stop the driver when they used spike strips to puncture the two front tires of his car. When he was finally apprehended, the driver told police that he had refused to pull over because he did not have a license. Episodes like this one, which happen more often than we would like to think, illuminate the complexity and inconsistency of certain traffic laws, and the failure of most drivers to understand them.

The Massachusetts criminal and traffic codes are full of outdated, incoherent laws and punishments. One example is the incongruity in punishment for unlicensed operation of a motor vehicle as opposed to operation of a motor vehicle with a suspended license. According to the newspaper story, the driver in the high-speed chase did not have a license. The statutory punishment for that crime is a fine between $100 and $1,000.

However, if the driver had been operating a vehicle with a suspended license, depending on the circumstances, he could have faced jail time, a steeper fine, and a further suspension of his license. On the extreme end of the spectrum we find the crime of operating a motor vehicle with license suspended for OUI. This is punishable by up to two and a half years in jail (at least 60 days of which must be served) and a one year additional loss of license.

Notice that, even if a driver is not operating under the influence at the time he is arrested for driving without a license, he still faces a very harsh penalty. In other words, a driver who had a license at one time (so presumably passed a driving test) and lost it is generally subject to harsher penalties than a driver who never had a license in the first place. This counterintuitive dynamic creates confusion and bad incentives among drivers. Since most drivers are not lawyers and do not have a sophisticated understanding of the traffic laws, they often rely on anecdotal accounts from friends and relatives to inform them about the laws.

A driver whose friend went to jail for two years for driving with a suspended license might be frightened to stop for the police, even if he is only operating without a license. But in the story above, the driver is now facing charges of unlicensed operation of a motor vehicle, failure to stop for police, reckless operation of a motor vehicle, speeding, marked lanes violation, failure to stop/yield, taking an improper turn and a one way traffic violation. And he could face even more, all to avoid (at most) a $1,000 fine.

If you have been charged with violating Massachusetts traffic laws, you should immediately seek out the assistance of an experienced criminal defense attorney. Contact Edward R. Molari, Attorney at Law, today for a confidential consultation.

See Related Posts:

Supreme Judicial Court Rules Police Opinion Inadmissible in OUI Cases 

 

 

NEW MEDICAL MARIJUANA REGULATIONS LAY OUT PATIENT REGISTRATION REQUIREMENTS

In 2012, Massachusetts voters approved a ballot initiative allowing the use of cannabis for medical purposes within the state. The language of the initiative, which passed with the support of 63 percent of Massachusetts voters, stipulated that the Department of Public Health would develop and publish regulations for the implementation and management of the new medical marijuana program.

The extensive regulations, entitled “Implementation of an Act for the Humanitarian Medical Use of Marijuana,” provide detailed guidance to physicians, patients, caregivers, dispensary agents, and dispensaries. Of particular interest for the general public may be the section that details the process for the registration of qualifying patients. Correctly following these rules could be the difference between ending up in court as a criminal defendant, and sitting at home as a law-abiding citizen with a serious illness.

According to the regulations, in order to obtain a medical marijuana registration card, a qualifying patient must provide the following information to the Department of Public Health:

1.    The qualifying patient’s full name, date of birth, address, telephone number, and email address if any, and a statement indicating his or her age and that his or her primary residence is in Massachusetts.

2.    Written certification for the qualifying patient from the qualifying patient’s certifying physician.

3.    Full name, address, and telephone number of the qualifying patient’s certifying physician.

4.    Full name, date of birth, and address of the qualifying patient’s personal caregivers, if any.

5.    A statement of whether the qualifying patient will be applying for a hardship cultivation registration.

6.    A copy of the qualifying patient’s Massachusetts driver’s license, government-issued identification card, or other verifiable identity document acceptable to the Department, except in the case of a qualifying patient under 18 years of age who does not have to comply with such requirement.

7.    A non-refundable registration fee. If the fee poses a verified financial hardship, the qualifying patient may request a waiver of the fee in a form and manner determined by the Department.

8.    Written acknowledgement of the limitations on his or her authorization to cultivate, possess, and use marijuana for medical purposes in the Commonwealth.

9.    An attestation that the registered qualifying patient will not engage in the diversion of marijuana and that the patient understands that protections conferred by the Act for possession of marijuana for medical use are applicable only within Massachusetts.

10.  Any other information required by the Department.

Once a qualifying patient is granted a registration card, the card will be valid for one year. In order to renew the card, the patient must once again provide all the information listed above. The registered patient must notify the Department within five days if any of the information from the application changes. A registered qualified patient must carry the registration card at all times while in possession of marijuana.

If you have been charged with violating Massachusetts drug laws, you should immediately seek out the assistance of an experienced criminal defense attorney. Contact Edward R. Molari, Attorney at Law, today for a confidential consultation.

See Related Posts:

Supreme Judicial Court Clarifies Drug Possession Law in Light of Marijuana Decriminalization

 

What Is a Crime?

We all have some idea (based on our own experience, moral intuition, common sense, and viewing of Law & Order) of what constitutes a crime in our legal system. We know that legislative bodies make rules of conduct, and that when citizens do not follow those rules, we face punishment. Courts determine whether we have broken the rules and what the punishment should be for doing so.

However, most Americans are not aware of the actual legal requirements for an action to be considered a crime. In order to win a criminal conviction against a defendant, the government must establish each element of the crime beyond a reasonable doubt. There are four basic requirements that, when met, can produce criminal liability against a defendant in the American common law system. They are as follows:

1.    Actus Reus: Literally means “guilty act.” Generally the rule is that there must be an underlying act or a breach of legal duty to find the requisite actus reus. A fervent desire to do something cannot be punished, even if it proves that the defendant has a wicked heart. We also, in general, do not punish behavior that involves inaction or involuntary acts. Actus reus is probably the most straightforward of the elements of a crime, and many Americans assume it is the only requirement for a crime.

2.    Mens Rea: Latin for “guilty mind.” Mens rea can generally be defined as criminal intent, ill-will, malice, knowledge, awareness, or purpose. Not all crimes have a mens rea requirement. Some use a strict liability approach, in which inherently dangerous behavior is punished, regardless of intent. According to the Model Penal Code, there are four levels of mens rea intent: purposefulness, knowledge, recklessness, and negligence. Most criminal statutes specify which level of intent is needed to establish liability.

3.    Concurrence: The simultaneous occurrence of both actus reus and mens rea. If the defendant thought about committing an illegal act one week, and then accidentally committed the same act a week later, the concurrence element would probably not be satisfied and a crime would not be committed. There are two types of concurrence in criminal law: temporal concurrence and motivational concurrence. Temporal occurrence means the mens rea and actus reus occurred at the same time. Motivational occurrence means that the mens rea motivates the actus reus. Strict liability crimes do not require concurrence.

4.    Causation: The causal relationship between conduct and result. The actus reus must cause the actual harm or result that occurs. If you shoot a person with the intention of killing him, and the bullet misses all his vital organs, and then he dies a few hours later of an unrelated terminal illness, the causation element of murder is probably not established. Both but-for cause and proximate cause must be present to prove causation. Results that are unforeseeable generally do not satisfy the causation element.

If you have been charged with violating Massachusetts criminal laws, you should immediately seek out the assistance of an experienced criminal defense attorney. Contact Edward R. Molari, Attorney at Law, today for a confidential consultation.

 

Supreme Judicial Court Rules Police Opinion Inadmissible in OUI Cases

 

Last month, the Supreme Judicial Court issued a ruling that will have far-reaching consequences for criminal cases involving charges of Operating under the Influence (OUI). In Commonwealth v. Canty, the SJC ruled that, in an OUI case, a police officer’s opinion as to whether the defendant’s driving was diminished by alcohol consumption is inadmissible in court. While an officer can testify that he believed the defendant was drunk or intoxicated, he cannot give an opinion regarding the ultimate issue in the case.

OUI cases turn on whether the defendant’s driving was impaired by alcohol, so in stating an opinion as to this issue, the officer is effectively saying that he believes the defendant is guilty. This interferes with the ability of the fact trier (a judge or jury) to independently determine guilt or innocence, and therefore this sort of testimony is not admissible.

In Canty, one of the arresting officers testified that, in his opinion, alcohol diminished the defendant’s driving ability. The SJC ruled that this testimony essentially amounted to one witness’ opinion about the ultimate issue to be decided by the trier of fact. However, another officer’s testimony that the defendant was probably impaired was ruled admissible, because it did not address the defendant’s driving.

The SJC actually upheld the defendant’s conviction, ruling that the error in admitting the first officer’s testimonies was not dispositive. The defendant had pled guilty, and enough admissible evidence was presented during his trial to convict him even without the first officer’s inadmissible testimony.

Prosecutors for years have utilized a line of questioning in OUI trials that allowed the jury to hear the arresting officer’s opinion about the defendant’s ultimate guilt or innocence. The prosecutor would start by restating the officer’s testimony up to that point, and then would ask if, based on those observations, the officer was able to form an opinion about whether the driver’s ability to operate a motor vehicle had been diminished by alcohol consumption.

The officer would answer that yes, he had formed an opinion, and the prosecutor would ask him what that opinion was. The officer would then repeat his testimony again, and state that, based on those observations, he formed an opinion that the driver’s ability to operate a motor vehicle had indeed been diminished by alcohol consumption. The SJC’s decision in Canty effectively banned this sequence of questions. Police officers can still express an opinion that the defendant was intoxicated, but not that he is guilty of OUI.  

OUI is one of the most common crimes charged in Massachusetts. Police officers often commit procedural errors while investigating and arresting a suspect for OUI. It is paramount for a defendant in an OUI case to be represented by an effective criminal defense attorney. An attorney who has experience with OUI cases can pick apart every detail of the Commonwealth’s case and may be able to get the charges dropped or win a Not Guilty verdict in court.

If you have been charged with violating Massachusetts criminal laws, you should immediately seek out the assistance of an experienced criminal defense attorney. Contact Edward R. Molari, Attorney at Law, today for a confidential consultation.

 

Supreme Judicial Court Clarifies Drug Possession Law in Light of Marijuana Decriminalization

Last week the Massachusetts Supreme Judicial Court released an important decision, generally favorable to defendants, dealing with marijuana possession laws and how to determine whether a suspect intends to distribute the drugs in his possession.

The juvenile defendant in Commonwealth v. Humberto H. was charged on January 24, 2011 with possession of a Class D substance (marijuana) with intent to distribute, in violation of G.L. c. 94C, § 32C, and a delinquency complaint issued later that day. A Boston school police officer, after conducting an administrative search of the juvenile, found five plastic bags of marijuana on his person, totaling one half ounce in weight.  

A district court judge later dismissed the complaint against the juvenile, stating that the evidence did not support a finding of probable cause that the juvenile intended to distribute the marijuana. The Commonwealth appealed the decision, and the case eventually made its way to the SJC.

In 2008, Massachusetts voters decriminalized possession of less than one ounce of marijuana. However, possession of less than one ounce with intent to distribute remained a crime. In order to prove this crime, prosecutors must show probable cause that the accused intended to distribute the drugs.

In Commonwealth v. Humberto H., the Court found that the five bags of marijuana were not packaged in a manner or weight consistent with intent to distribute. Therefore, according to the SJC, the lower court did not err in dismissing the charges. The Court also noted that the dismissal was without prejudice, and that the Commonwealth would be able to file a new delinquency complaint against the juvenile if it were to present evidence supporting a finding of probable cause of intent to distribute.

In addition, the SJC reflected on the strategic changes to policing and prosecution following passage of the decriminalization ballot initiative. Prior to 2008, when a suspect was allegedly caught with less than an ounce of marijuana, prosecutors would often charge him with simple possession even when there may have been probable cause that the suspect intended to distribute the marijuana.

Since the decriminalization, the only options available to prosecutors in this situation are to charge the suspect with possession with intent to distribute, or to charge him with nothing. Therefore, both police and prosecutors may have an incentive to infer intent to distribute even when probable cause cannot be established. The SJC stressed the need for law enforcement to avoid this temptation, since doing so would undermine the intent of Massachusetts voters. While prosecutors are entitled to change how they exercise their discretion in light of decriminalization, they must do so in a way that is consistent with the law.

This case may have important implications for criminal suspects and criminal defense attorneys. It makes it more likely that suspects, with effective legal representation, will be able to convince prosecutors and judges to drop or dismiss charges of possession of less than one ounce of marijuana with intent to distribute.

If you have been charged with violating Massachusetts criminal laws you should immediately seek out the assistance of an experienced criminal defense attorney. Contact Edward R. Molari, Attorney at Law, today for a confidential consultation.

 

See Related Posts:

/blog/supreme-judicial-court-rules-school-zone-amendment-applies-retroactively 

 

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Mall Santa Faces Indecent Assault and Battery Charges after Allegedly Pinching Co-worker’s Buttocks

Hanover, Massachusetts shoppers have more to be upset about than Black Friday crowds this week now that a mall Santa Claus faces criminal charges. A 62-year-old Hanover Mall photo display Santa is charged with indecent assault and battery after allegedly touching a female employee in an inappropriate sexual manner.

According to kionrightnow.com, 62-year-old Herbert Jones, a Santa Claus working for Cherry Hill Photo, pinched the buttocks of his female co-workers this week at the picture display booth where they both worked. Mr. Jones was allegedly sitting in the Santa Claus chair when he made the offensive move, and told the co-worker that he wished she were younger as he pinched her. While reports indicate that there were no child witnesses to the inappropriate behavior, many mall shoppers are uneasy about the thought of a Santa facing criminal charges for indecent assault and battery. Cherry Hill Photo reportedly denies the allegations of misconduct and Mr. Jones is innocent until proven guilty.

Indecent, or sexual, assault and battery is a crime that is distinct from ordinary assault and battery in that it contains the element of offensive touching on certain parts of the victim’s body. Under Massachusetts criminal laws, indecent assault falls into two different categories for the purposes of sentencing: indecent assault and battery against a person 14-years-old or older; and indecent assault and battery against a child under 14-years-old. When a person is convicted of indecent assault and battery against a victim that is 14-years-old or older, he or she may be sentenced to up to five years in a state prison, or up to two and one-half years in a jail or house of correction. However, if the victim is either an elderly person or a person with a disability, as further defined under the law, the offender may be sentenced up to ten years in prison, or two and one-half years in a jail or house of correction. A subsequent conviction is punishable by up to twenty years in prison. A first-time offender of indecent assault and battery against a child under 14-years-old may be subject to a penalty of up to ten years imprisonment in a state prison, or up to two and one-half years in a jail or house of correction.

It is important to note that not only does an indecent assault and battery offense come with a potentially lengthy prison sentence, it also come with the penalties and consequences that are associated with a “sex offense.” A conviction on a crime that is a “sex offense” requires convicted persons to comply with sex offender registration requirement, which can impact all avenues of a person’s life once he or she is out of prison.

Indecent assault and battery, and all “sex offenses, are very complex cases and skill and experience are necessary in order to understand the full range of consequences of a conviction. If you have been charged with a sex offense, or any criminal offense under Massachusetts law, your best line of defense is to immediately speak with an experienced criminal defense attorney. Contact Edward R. Molari, Attorney at Law, today for a confidential consultation.

See Related Stories:

Alleged Assault and Battery By Means of a Deadly Weapon at Boston Bar

Middlesex Appeals Court Sets Aside Verdict of Sex Offender on Accosting or Annoying Charges, Affirms Attempted Kidnapping Charges

 

Tags: 
Criminal Defense

Mall Santa Faces Indecent Assault and Battery Charges after Allegedly Pinching Co-worker’s Buttocks

Hanover, Massachusetts shoppers have more to be upset about than Black Friday crowds this week now that a mall Santa Claus faces criminal charges. A 62-year-old Hanover Mall photo display Santa is charged with indecent assault and battery after allegedly touching a female employee in an inappropriate sexual manner.

According to kionrightnow.com, 62-year-old Herbert Jones, a Santa Claus working for Cherry Hill Photo, pinched the buttocks of his female co-workers this week at the picture display booth where they both worked. Mr. Jones was allegedly sitting in the Santa Claus chair when he made the offensive move, and told the co-worker that he wished she were younger as he pinched her. While reports indicate that there were no child witnesses to the inappropriate behavior, many mall shoppers are uneasy about the thought of a Santa facing criminal charges for indecent assault and battery. Cherry Hill Photo reportedly denies the allegations of misconduct and Mr. Jones is innocent until proven guilty.

Indecent, or sexual, assault and battery is a crime that is distinct from ordinary assault and battery in that it contains the element of offensive touching on certain parts of the victim’s body. Under Massachusetts criminal laws, indecent assault falls into two different categories for the purposes of sentencing: indecent assault and battery against a person 14-years-old or older; and indecent assault and battery against a child under 14-years-old. When a person is convicted of indecent assault and battery against a victim that is 14-years-old or older, he or she may be sentenced to up to five years in a state prison, or up to two and one-half years in a jail or house of correction. However, if the victim is either an elderly person or a person with a disability, as further defined under the law, the offender may be sentenced up to ten years in prison, or two and one-half years in a jail or house of correction. A subsequent conviction is punishable by up to twenty years in prison. A first-time offender of indecent assault and battery against a child under 14-years-old may be subject to a penalty of up to ten years imprisonment in a state prison, or up to two and one-half years in a jail or house of correction.

It is important to note that not only does an indecent assault and battery offense come with a potentially lengthy prison sentence, it also come with the penalties and consequences that are associated with a “sex offense.” A conviction on a crime that is a “sex offense” requires convicted persons to comply with sex offender registration requirement, which can impact all avenues of a person’s life once he or she is out of prison.

Indecent assault and battery, and all “sex offenses, are very complex cases and skill and experience are necessary in order to understand the full range of consequences of a conviction. If you have been charged with a sex offense, or any criminal offense under Massachusetts law, your best line of defense is to immediately speak with an experienced criminal defense attorney. Contact Edward R. Molari, Attorney at Law, today for a confidential consultation.

See Related Stories:

Alleged Assault and Battery By Means of a Deadly Weapon at Boston Bar

Middlesex Appeals Court Sets Aside Verdict of Sex Offender on Accosting or Annoying Charges, Affirms Attempted Kidnapping Charges

 

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Criminal Defense

Supreme Judicial Court Rules that School Zone Amendment Applies Retroactively

This past week the Massachusetts Supreme Judicial Court ruled on an important issue regarding the 2012 law passed by the Massachusetts legislature decreasing the “school zone” limits for drug possession conviction enhancements from 1,000 feet to 300 feet.

The defendant in Commonwealth v. Bradley was originally charged on November 8, 2010 under G.L. c. 94C, § 32C (a ) for possession of marijuana (a class D substance) with intent to distribute it, and was in violation of Massachusetts’ school zone law, G.L. c. 94C, § 32J. The school zone law established sentencing enhancements for committing a drug offense within 1,000 feet of a school. The defendant had allegedly had some quantity of marijuana in his dormitory room, which was 700 feet from a preschool facility. The marijuana was seized by Williamstown police officers who had done so pursuant to a search warrant of the room.

On August 2, 2012, however, Massachusetts passed St.2012, c. 192, otherwise known as “An Act Relative to Sentencing and Improving Law Enforcement Tools.” Among other things, the act amended the school zone law by decreasing the school zone from 1,000 feet to 300 feet. At this time, the defendant in Commonwealth v. Bradley had still not been convicted of the charges against him related to possession of marijuana in a school zone.

The ultimate question before the Supreme Judicial Court was whether the amendment to the school zone law should be applied retroactively so that those who had been charged but not yet adjudicated of their crimes when the amendment was passed. The Massachusetts Supreme Judicial Court held that the amendment should apply to the defendant, and to all others who had been charged, but not yet adjudicated, pursuant to violating the school zone law, prior to August 2, 2012.

In analyzing whether the amendment should be applied prospectively or retroactively, the Supreme Judicial Court reviewed whether a prospective application was “inconsistent with the manifest intent of the law-making body,” that is, did the legislature express the intent for the law to be applied retroactively; and whether prospective application would be “repugnant” to the context of the statute. While the Supreme Judicial Court did not find that the legislature had expressly intended the statute to be applied retroactively, it did find that a prospective application would be repugnant to the context of the amendment.

The Supreme Judicial Court found that one of the bases for the amendment was the unequal pattern of conviction between urban residents and rural residents of Massachusetts. In urban communities, where it is nearly impossible to not be within 1,000 feet of a school zone, findings indicated that African American and Latino residents were being convicted at a much higher rate than white residents, even though African Americans and Latinos do not use more drugs and only make up one-quarter of the population of the state. Being aware that is imbalance was occurring among the state’s residents, the legislature enacted the amendment, which the court found was compelling enough evidence that prospective application would only delay inequality among Massachusetts’ residents.

If you have been charged with violating Massachusetts criminal laws you should immediately seek out the assistance of an experienced criminal defense attorney. Contact Edward R. Molari, Attorney at Law, today for a confidential consultation.

 

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Criminal Defense

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