Massachusetts Criminal Lawyer Blog

In Commonwealth v. Claudio, the SJC ruled that where “a guilty plea negotiated by a defendant who qualified for an enhanced sentence due to a subsequently vacated predicate offense that had be...

https://www.massachusettscriminallawyer-blog.com/farak-defendants-that-qualified-for-enhanced-sentences-are-not-subject-to-harsher-penalties-when-re-negotiating-pleas/

In Commonwealth v Diaz Perez, the Supreme Judicial Court affirmed the allowance of the defendant’s motion for a new trial, agreeing with the trial court judge that the failure of the defendantâ...

https://www.massachusettscriminallawyer-blog.com/sjc-holds-attorneys-failure-to-investigate-alibi-witness-to-be-ineffective-assistance/

In Commonwealth v. Goncalves-Mendez, the Supreme Judicial Court affirmed the allowance of the defendant’s motion to suppress, because the impoundment of his vehicle was unreasonable in light of...

https://www.massachusettscriminallawyer-blog.com/sjc-clarifies-when-impoundment-of-vehicle-is-reasonable/

In Commonwealth v. Salmons, the Appeals Court reversed the allowance of the Commonwealth’s motion requesting that before returning the defendant’s unlawfully seized cell phones to him, the Co...

https://www.massachusettscriminallawyer-blog.com/appeals-court-denies-commonwealths-request-to-wipe-defendants-cell-phone-prior-to-return-of-property-to-defendant/

In Commonwealth v. Fernandes, the Supreme Judicial Court vacated the dismissal of the murder indictment against the adult defendant on the grounds that, contrary to the judge’s ruling, “the C...

https://www.massachusettscriminallawyer-blog.com/supreme-judicial-court-declines-to-vacate-indictment-due-to-commonwealths-failure-to-provide-jury-instructions-on-mitigating-evidence-presented/

Following a probation violation hearing, the Appeals Court affirmed the revocation of the defendant’s probation in Commonwealth v. Hamilton.  The Court Court agreed with some of the grounds fo...

https://www.massachusettscriminallawyer-blog.com/appeals-court-addresses-unreliable-hearsay-issues-in-contect-of-probation-violation-hearing/

In Commonwealth v. Pearson, the Appeals Court affirmed the denial of the defendant’s motion for receipt of “jail credits for overlapping periods of pretrial detention on … separate cases br...

https://www.massachusettscriminallawyer-blog.com/appeals-court-weighs-in-on-jail-credit-calculations/

In Commonwealth v. Watt, the Supreme Judicial Court reversed the denial of the defendant’s motion for a refund of the drug analysis fee that was imposed on him, but affirmed the denial of his m...

https://www.massachusettscriminallawyer-blog.com/sjc-weighs-in-on-reimbursement-of-court-fees-in-farak-cases/

In a recent decision – Finn v. Commonwealth – the Supreme Judicial Court ruled that G.L. c.276, §58A, “permits a Superior Court judge to conduct a dangerousness hearing upon a defendant’...

https://www.massachusettscriminallawyer-blog.com/sjc-says-%C2%A7-58a-hearing-in-superior-court-is-appropriate-regardless-of-whether-defendant-appears-pursuant-to-a-summons-or-is-under-arrest/

In Commonwealth v. Petit-Homme, the Supreme Judicial Court reversed the denial of the defendant’s motion to withdraw his admission to sufficient facts, because during the defendant’s plea col...

https://www.massachusettscriminallawyer-blog.com/sjc-reverses-defendants-admission-to-sufficient-facts-due-to-insufficient-immigration-warnings-during-plea-colloquy/