Molari Law Insights
Massachusetts Legal Developments Blog
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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…
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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…
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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…
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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…
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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…
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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.…
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Alleged Assault and Battery by Means of a Deadly Weapon at Boston Bar
As the winter draws nearer, Bostonians will likely be found indoors at their favorite local bars, cozying up with pints of darker ales and hanging out with friends. Not surprisingly, as bars get busier and patrons become more intoxicated towards the later…
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14-Year-Old Massachusetts Student Faces Serious Criminal Charges after Allegedly Killing Math Teacher
It is likely shocking to many people when young teenagers commit violent criminal offenses. Drug offenses or driving offenses are one thing, but murder perpetrated by a person under 18-years-old is often unthinkable. This week families from the town of…
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14-Year-Old Massachusetts Student Faces Serious Criminal Charges after Allegedly Killing Math Teacher
It is likely shocking to many people when young teenagers commit violent criminal offenses. Drug offenses or driving offenses are one thing, but murder perpetrated by a person under 18-years-old is often unthinkable. This week families from the town of…
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Former Football Star Faces First-Degree Murder and Weapons Charges in Killing of Friend
Former New England Patriot football player Aaron Hernandez is facing charges for murder and firearms offenses in Massachusetts for the summer killing of his friend, 27-year-old Odin Lloyd. According to wwlp.com , new developments in the criminal case center…
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Supreme Judicial Court Rules on Criminal Procedure Question in Massachusetts Bank Robbery Case
In the 1990’s, the Supreme Judicial Court of Massachusetts ruled on an integral case in criminal procedure , Commonwealth v. Rosario . The SJC’s ruling in Rosario established a rule that statements that are made by an arrested suspect within six hours of his…
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Massachusetts Criminal Laws Get Major Update for 17-year-old Defendants
Facing criminal charges is never an easy time in a person’s life, even for those who have experience in the criminal justice system due to a long rap sheet. The confusion, uncertainty, and fear are likely even more pronounced, however, for juveniles who face…
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SJC Affirms Firearms Possession Convictions Despite Defendant’s Double Jeopardy Argument
In Massachusetts, firearms offenses are severely prosecuted. The Massachusetts General Laws establish the type of conduct related to firearms that constitute criminal offenses . Under Part IV, Title I, Chapter 269, Section 10(a) , Massachusetts law prohibits…
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Supreme Judicial Court Reinstates Co-Defendant’s Charges; Co-Defendant Faces Potential Robbery and Murder Conviction
Criminal charges can lead to severe penalties and consequences, especially when certain aggravating factors were part of the alleged crime. In the heat of the moment, a person might make decisions that ultimately seal his or her fate, especially when it comes…
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Evidence Tampering Releases Spike Crime in Massachusetts
Criminal procedure is a cornerstone of the American criminal justice system. To prove a criminal case at trial, prosecutors must have evidence against a defendant. Prosecutors must prove, based on that evidence, that the defendant committed the crime beyond a…
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Former Waltham Police Chief's Criminal Conviction Demonstrates Collateral Consequences of Criminal Convictions
In the 2009 case Padilla v. Kentucky , the United States Supreme Court ruled on an interesting aspect of criminal law . The petitioner had been a lawful permanent resident in the United States for over 40 years, but faced deportation after he pled guilty to…
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Commonwealth Ruling Sets Limits on Constructive Possession Firearm Law
A case decided by the Commonwealth earlier this year in May demonstrates the breadth, and the limits, of Massachusetts firearm laws . The case specifically dealt with Massachusetts General Law chapter 269, section 10(a) , which establishes that it is a crime…
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Trial of Alleged Mobster Heats Up Gun Law Debate
A Boston federal court case has come under the spotlight for its glimpse into the world of alleged organized crime activity, murder, money laundering and guns. USA Today reports that the trial of alleged mobster James “Whitey” Bulger is coming closer to a…
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Middlesex Appeals Court Sets Aside Verdict of Sex Offender on Accosting or Annoying Charges, Affirms Attempted Kidnapping Charges
In October, 2007, a Level 3 sex offender was on the loose in the MIT area of Massachusetts. Wickedlocal.com reported at the time that Joseph D. Sullivan, a 59-year-old homeless man with a 1989 conviction for indecent assault and battery on a person 14 or…
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Supreme Judicial Court Rules on Defense of License in Joint Venture Firearms Offense Cases
In October of 2007, Delanie Humphries carried out an ambush attack on a man in Worcester, Massachusetts. Yesterday, Massachusetts’ highest court, the Supreme Judicial Court, ruled on Mr. Humphries’ appeal of his 2010 conviction of charges in connection with…