On January 2, 2009, the Massachusetts Sensible Marijuana Policy Initiative became law and reduced the penalty for possession of an ounce or less of marijuana from a criminal offense to a civil infraction.  In addition, the law prevented the Commonwealth from including the offense on the person’s criminal record. Since...

Newburyport Man charged with Operating Under the Influence (OUI) By Angeljean Chiaramida STAFF WRITER  Newburyport News – see http://www.newburyportnews.com/local/x1746084649/Port-man-charged-with-5th-OUI  The Daily News of Newburyport Sat Feb 02, 2013, 03:00 AM EST SALISBURY — A Newburyport man with four convictions for operating under the influence is in jail without bail, deemed...

Cell Phone Search Incident to a Lawful Arrest On December 5, 2012, the Supreme Judicial Court of Massachusetts issued a decision concerning the ability of police to search the contents of a cell phone pursuant to a valid exception to the warrant requirement.  In deciding the search of the cell...

Search Warrant Analysis:  Nexus and Curtilage In 2009, the Massachusetts Supreme Court decided the case of Commonwealth v. Pina.  In so doing, the Court analyzed the issue of nexus and what would substantiate a probable cause analysis in order to uphold the probable cause standard for issuance of a search...

Probation Surrender Hearings Dependent Upon Hearsay The Massachusetts Court of Appeals issued the decision in Commonwealth v. Henderson on October 19, 2012.  The decision considered whether pursuant to the standard set in Commonwealth v. Durling, solely documentary evidence can substantiate revocation of probation at a surrender hearing.  The court concluded...

Arrest for Operating Under the Influence Generally, the police are not authorized to arrest an individual on a misdemeanor charge.  However, the police are authorized to make a warrantless misdemeanor arrest if the offense involves a breach of the peace that took place in the presence of the officers, or...

On August 2, 2012 the Commonwealth of Massachusetts House Crime Bill Number 4286, also known as Melissa’s Bill, took effect.  While the Bill focuses on habitual offenders and parole eligibility following the conviction for specified violent crimes, it also addresses drug related violations.  Melissa’s Bill effectively changes both the minimum mandatory...

Are you entitled to a clerk’s hearing? Did you recently get summonsed on a misdemeanor charge and are facing criminal charges in Essex County or another Court in Massachusetts? If so, you may be entitled to ask the Judge to remit your case to a Clerk Magistrate’s Hearing (also known as a Clerk’s...

Medical Record v. Business Record Exception to the Hearsay Rule; Commonwealth v. Irene, Decided June 26, 2012 by the Massachusetts Supreme Judicial Court   The Supreme Court of Massachusetts made clear that the hearsay exception providing for admissibility of medical records is strictly governed by Massachusetts General Laws, Chapter 233,...

On May 24, 2012, the Massachusetts Court of Appeals decided Commonwealth v. Nutbrown, overruling the lower court’s decision to exclude statements against penal interests.  The Court reversed the judgement of the lower court and deemed exclusion of two such statements to be improper and not harmless beyond a reasonable doubt....