The Massachusetts Supreme Judicial Court today decided the case of Commonwealth v. Michael Robertson and considered the issue of whether secretly photographing or videotaping a person in a nude or partially nude state is illegal. The court ruled that it is not. The defendant in this case was charged under…
Boston Criminal Lawyers Blog
Federal Judge Says NSA Data Gathering Constitutional
A New York federal judge ruled that the United States government’s phone gathering system is constitutional and a necessary measure to combat possible terrorist attacks against the country. The judge further ruled that Congress was within its rights to establish the system and that it does not violate any citizen’s…
Issues Following Arrest: Exercising Your Right to an Attorney and To Remain Silent
The Massachusetts Declaration of Rights and the United States Constitution afford every citizen with certain fundamental rights, including the right to remain silent and assert one’s privilege against self-incrimination. Just about everyone has heard of that right, but believe it or not, many people charged with a crime either don’t…
Boston Man Charged with Drug Dealing in Weymouth
A 20 year old man from Boston was arrested this past Thursday on Massachusetts Drug Charges in Weymouth. He was charged with Drug Distribution, Possession with Intent to Distribute a Controlled Substance, Conspiracy to Violate the Drug Laws, and Resisting Arrest. According to the Weymouth Police Department, the defendant was…
Somerville Soccer Rape Suspect Charged with Aggravated Rape of a Child
A Somerville High School student was arraigned yesterday on several Massachusetts Sex Crimes Charges, including Aggravated Rape of a Child in connection with the alleged sexual assault of another young high school athlete with a broomstick. A total of three Somerville students who were attending a retreat in the Berkshires…
Waltham Man Charged with Murder in Stabbing Death
Jared Remy, of Waltham, was charged this week in Waltham District Court with Massachusetts Murder Charges in connection with the stabbing death of his girlfriend, Jennifer Martel. According to the Middlesex County District Attorney’s Office, Waltham Police officers responded to a 911 call at Remy’s apartment and found what they…
Accosting Person of Opposite Sex Requires Sexually Offensive Conduct
The Massachusetts Appeals Court recently reversed the conviction of a man who was convicted of Annoying or Accosting a Person of the Opposite Sex where the government failed to provide proof that the alleged conduct involved a sexual element. The prosecution alleged that the defendant approached a woman and tried…
Can a Defendant’s Pre-Arrest Silence Be Evidence of Consciousness of Guilt?
In the case of Salinas v. Texas, the United States Supreme Judicial Court recently considered the question of whether a defendant’s pre-arrest silence, prior to being placed in custody or receiving Miranda warnings, can be used against him in a subsequent criminal prosecution as evidence of consciousness of guilt. In…
Massachusetts Prosecutors Crossing the Line in Closing Arguments
In the case of Commonwealth v. Joshua Lewis, the Massachusetts Supreme Judicial Court recently emphasized the limitations prosecutors are required to abide by when arguing their cases before juries. In that case, the defendant was charged with assault with intent to murder and several firearms offenses after being shot and…
Can Police in Massachusetts Take a Person’s DNA After Arrest?
In a recent case involving a constitutional challenge to seizing a person’s DNA without his consent, the United States Supreme Judicial Court, in Maryland v. King, considered whether it is a constitutional violation for police officers to take a defendant’s DNA as part of the normal booking procedure following an…