Until recently I advised clients that they could not be convicted of violation of a restraining order in Massachusetts unless three elements were proven: 1. A clear order 2. A clear violation; and 3. An ability to comply with the order. The first two elements are...
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Massachusetts allows conditional guilty pleas
In criminal cases defendants often bring motions to suppress evidence (exclude evidence from trial) based on arguments that the evidence was seized in violation of defendant's constitutional rights. These motions typically argue that evidence was seized in violation...
When asking for a lawyer be clear in your request
In a case in Louisiana a suspect in a case said the following: “if y’all, this is how I feel, if y’all think I did it, I know that I didn’t do it so why don’t you just give me a lawyer dog cause this is not what’s up.” There seems to be a dispute about the exact...
A search of a computer for “communications” includes photographs
In a recent case in Massachusetts a court ruled that a search warrant issued for a computer (in this case an iPhone) properly included a search for photographs. The search in this case arose out of a shooting on a city street between two men. The police obtained...
Massachusetts stores can’t impose shoplifting fines without a court order
Judge Douglas Stoddard, a District Court Judge in Natick, Mass. has enjoined Macy's from demanding that shoplifters pay a $500.00 civil fine to Macy's when they are caught by the store. Massachusetts General Laws Chapter 231, Section 85R-1/2 states that shoplifters...
Cyber harassment can be very expensive
The internet and social media has created new opportunities for people to harass and harm others. One person who used the internet to harass a neighbor found it very expensive as a Massachusetts court has issued a judgment of 4.8 million dollars for cyber harassment...
In Massachusetts, the odor of marijuana is the same as the odor of alcohol
In 2008 Massachusetts decriminalized possession of one ounce or less of marijuana. Possession of more than one ounce is still a crime. Needless to say, it is not an unusual occurance for police to encounter automobiles with the smell of marijuana. In the past, the...
Criminal law and double jeopardy by Michael S. Berg, guest blogger
One commonly misunderstood concept in criminal law is that of double jeopardy. The Fifth Amendment to the United States Constitution states that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb." However, this is narrowly...
In Massachusetts, search warrants are required to obtain cell phone location data
If you watch police shows on tv you have seen episodes where the police go to their computer and pull up a suspect's cell phone's number and then access cell tower information and show the physical location of the suspect. This scenario is somewhat different from real...
Changes in Massachusetts marijuana laws
Most residents of Massachusetts know that marijuana laws have changed but don't seem to understand the changes. Many people think that it is now legal to possess small amounts of marijuana. This is not correct. Massachusetts has decriminalized possession of small...
