SJC Declines to Extend ‘Adjutant’ Rule to Defense of Another In Commonwealth v. Rateree (SJC-13599), the Massachusetts Supreme Judicial Court (SJC) addressed several key issues arising from an altercation involving the defendant, Shondell Q. Rateree, which led to multiple convictions, including assault with intent to maim, mayhem, and assault and battery by means of a… Read More

Know Your Rights: Massachusetts Court Overturns Conviction Due to Unlawful Vehicle Search Understanding your rights during a traffic stop is crucial. A recent Massachusetts Appeals Court decision highlights what happens when police overstep legal boundaries. Case Overview – Commonwealth v. Delacruz In Commonwealth v. Delacruz (Docket No. 24-P-344), the Massachusetts Appeals Court overturned a firearm… Read More

Beyond Miranda: Addressing False Confessions in Massachusetts Despite the longstanding implementation of Miranda warnings, false confessions continue to pose significant challenges within the Massachusetts criminal justice system. Experts argue that additional measures are necessary to safeguard against wrongful convictions resulting from such confessions. The Persistence of False Confessions False confessions occur when individuals admit to… Read More

Massachusetts Supreme Judicial Court Upholds Nonresident Firearm Licensing In the recent case of Commonwealth v. Marquis, the Massachusetts Supreme Judicial Court (SJC) addressed the constitutionality of the state’s firearm licensing requirements for nonresidents. The court concluded that the existing licensing scheme does not infringe upon Second Amendment rights or violate the Fourteenth Amendment’s guarantees of… Read More

In Massachusetts, detectives are currently allowed to lie during interrogations, a practice that has led to numerous false confessions and wrongful convictions. A recent article highlights several disturbing cases where this tactic was used, resulting in severe consequences for the accused. Notable Cases Proposed Change A new bill aims to prohibit detectives from lying during… Read More

Vandalism is a serious criminal offense in Massachusetts, defined under G.L. c. 266, § 126A. As a Massachusetts criminal defense attorney, it’s crucial to understand the elements of this crime and how prosecutors must prove their case. Elements of Vandalism To secure a conviction for vandalism, the Commonwealth must prove four key elements beyond a… Read More

Anyone with a restraining order must understand the consequences of a restraining order. These legal tools are critical in situations where someone needs protection, but they also carry significant consequences for those against whom they are issued. This comprehensive guide aims to shed light on the consequences of a restraining order and offers practical advice… Read More

Comprehensive Guide to Bench Warrants: Protecting Your Rights   What Are Bench Warrants?   Bench warrants are judicial orders compelling law enforcement to detain individuals and bring them to court. These warrants differ from arrest warrants, which are based on probable cause of criminal activity. Bench warrants are usually issued due to a failure to… Read More

  Assault and battery with a dangerous weapon causing serious bodily injury is a serious crime in the state of Massachusetts. This crime is punishable by up to 10 years in prison and/or a fine of up to $10,000. In Massachusetts, assault and battery with a dangerous weapon causing serious bodily injury is defined as… Read More

In Massachusetts, parents and stepparents are entitled to a legal defense if they are charged with assault or assault and battery on their child. The parental discipline defense is an affirmative defense. For example, self defense is an affirmative defense. An affirmative defense requires the prosecutor to prove that the defense does not apply. If… Read More