According to an article in the MetroWest Daily News, a group of ten freshman and sophomore students got into a “brawl” at Framingham High School last week. School officials stated that they did not know what led to the fight and insisted that there was no longstanding feud between the…
Massachusetts Criminal Lawyer Blog
SJC Issues Decision on Dookhan Cases
This past week, the Supreme Judicial Court rule that people who pled guilty in cases where evidence was mishandled by former state chemist Annie Dookhan may not be charged with more serious crimes if given a new trial and, if convicted, may not be given a worse sentence than the…
Wayland Employee Charged with Sexually Assaulting Child
According to an article in the MetroWest Daily News, the senior foreman for the Wayland Department of Public Works was arraigned in Middlesex Superior Court in Woburn on Friday on various sex offenses, specifically: four counts of rape of a child by force, and two counts of indecent assault and…
SJC Rules the Interested Adult Rule Applies to Seventeen Year Olds
In a recent decision, Commonwealth v. Smith, the Supreme Judicial Court extended the “interested adult” rule applies to seventeen-year-old defendants. Under the United States Constitution and the Massachusetts Declaration of rights, the police must provide a suspect with Miranda warnings prior to questioning the suspect if the suspect is (1)…
SJC Issues Decision on Parole for Juvenile Homicide Offenders
On December 24, 2014, in Diatchenko v. District Attorney for the Suffolk District I, the Supreme Judicial Court ruled that all life-without-parole sentences for juvenile offenders, whether mandatory or discretionary, violate the prohibition against cruel and unusual punishment under Article 26 of the Massachusetts Declaration of Rights. This decision went…
Concerns About Accuracy of Breathalyzer Evidence in Massachusetts OUI Cases
According to an article in the MetroWest Daily News, district attorneys in multiple counties in Massachusetts are suspending the use of breathalyzer tests in drunk driving cases because of suspected problems with the breathalyzer machines, which test blood alcohol content. The exact issue, which may involve software or calibration of…
Ashland Man Charged with Rape
According to an article in the MetroWest Daily News, an Ashland man was charged with rape this past week. The article states that the alleged victim, a woman, went to the man’s house this past Tuesday night. It’s unclear whether she was an invited guest, dropped by unexpectedly, and/or what…
SJC Mandates New Jury Instruction on Reasonable Doubt
In a criminal case, the standard of proof is proof beyond a reasonable doubt. This means that the Commonwealth must prove the defendant’s guilt beyond a reasonable doubt before a jury can convict him. At the end of a trial, before the jury makes its determination as to whether the…
Buyer Allegedly Robbed by Drug Dealer in Framingham
According to an article in the MetroWest Daily News, a Framingham woman reported to police that her drug dealer robbed her at knife point last week. The article specifically states that the woman had arranged to buy marijuana from her dealer, whom she identified as “Florida.” The woman stated that…
Two Men Arrested in Marlborough Gas Station Robbery
According to an article in the MetroWest Daily News, two teenagers were arrested this past week after allegedly robbing a gas station in Marlborough. The article states that two men wearing masks entered a Shell gas station on Lincoln Street shortly after 3am this past Thursday. One of the two…