Worcester MA Attorneys, Worcester, MA

An excited utterance is an exception to the rule against hearsay in Massachusetts.  Setting aside any confrontation issue, under Mass. law, a statement meets the test for admissibility as an excited utterance if:

  • there is an occurrence or event sufficiently startling to render inoperative the normal reflective thought of the observer;
  • the declarant’s statement is a spontaneous reaction to the occurrence or event; and
  • the statement is not the result of reflective thought.

The “degree of excitement exhibited by the declarant is one factor relevant to the determination.”  Commonwealth v. Barbale, SJC-12188 (2017).  If you or someone you know is facing a criminal charge, the Worcester MA Attorneys can help you.  Contact Shane W. Surrette, Worcester MA Attorneys at shane@swslawoffice.com or at (774) 364-4605 today.

Drug Attorney-Worcester, Mass

The school zone statute punishes individuals who commit certain enumerated drug offenses within 300 feet of a school or one hundred feet of a public park or playground in Massachusetts.  It has been held that the school zone statute does not apply to:

  • An individual that is not apprehended within the school or park zone; &
  • Where uninterrupted passage in an automobile through the school or park zone;
  • Is Fortuitous.

Commonwealth v. Peterson, 476 Mass. 163 (2017).  If you or someone you know is facing a school zone charge, you need a drug attorney who can assist you.  Contact Drug Attorney Shane W. Surrette at (774) 364-4605 or at shane@swslawoffice.com today.

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