On August 8, 2016, the SJC issued a decision in Commonwealth v. Henry, holding that judges must take a defendant’s ability to pay into consideration when assessing whether to order restitution, and in determining the amount of restitution that a defendant can be ordered to pay. The Court also set…
In July of 2015, amendments to the Massachusetts Rules of Professional Conduct took effect. The revisions covered a wide range of issues, including post-trial communications with jurors. Such commuication is specifically governed by Mass. R. Prof. C. 3.5(c). The revised rule now permits lawyers to contact jurors after their discharge without first…
The Supreme Judicial Court recently issued a decision – Commonwealth v. Beal – striking down a portion of the Armed Career Criminal Act (ACCA). The ACCA allows for sentencing enhancements for a defendant charged with possession of a firearm under G. L. c. 269, § 10(a), 10(c), or 10(h) if the…
Earlier this month, the Supreme Judicial Court issued a decision in Commonwealth v. Hartfield, which addressed a defendant’s Sixth Amendment confrontation right and right to call witnesses at a probation violation hearing. The background of the case is as follows: Hartfield was on probation for a drug offense when a…
According to an article in the MetroWest Daily News, the Senate recently passed its version of the 2017 budget, which includes an amendment that will significantly impact the way that court fees are imposed on defendants in criminal cases. As the law currently stands, Massachusetts judges are required to assess various…
The Massachusetts legislature has been very busy the last few weeks and many of the issues they have acted on are pertinent to criminal law. Since the beginning of March, several bills have made their way through the legislative process. Most are of the bills are still en route to…
A recent article in The Boston Globe acknowledges the myriad of collateral consequences that can arise as a result of having a criminal record. The article specifically focuses on the difficulties individuals with criminal records have entering the work force. The article states that there are many employers who decline to…
In an upcoming case, Commonwealth v. Laltaprasad, the Supreme Judicial Court will hear oral argument on the question of whether a trial court judge has discretion to impose a sentence below the mandatory minimums prescribed by G. L. c. 94C, §§ 32(b) and 32A(d), pursuant to G. L. c. 211E,…
Governor Charlie Baker recently signed a new bill, which will go into law ninety days after it was signed on January 25, 2015. The law specifically impacts civil commitments for individuals struggling with substance abuse. Under G. L. c. 123, § 35, a police officer, doctor, family member, guardian, or…
The United States Supreme Court recently issued a new decision, Montgomery v. Louisiana, addressing the retroactivity of its decision in Miller v. Alabama. The Miller decision held that “a juvenile convicted of a homicide offense could not be sentenced to life in prison without parole absent consideration of the juvenile’s special…