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Worcester MA Attorneys, Worcester, Mass.

If you are convicted of a felony in Massachusetts, you will have to provide a DNA sample to the Commonwealth.  This DNA sample will then be entered into a DNA database where a search will take place to see if the DNA matches up against DNA recovered from unsolved crimes. At the present time in Massachusetts, you don’t have to…

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Criminal Defense Attorney Massachusetts-Worcester, MA

The Massachusetts Supreme Judicial Court will apply a four factor test to determine whether or not a side yard is a constitutionally protected area within the multifamily and apartment context.  This applies to whether or not the police will need a search warrant or exigent circumstances before searching those particular locations.  The four factors include: proximity of the location to…

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OUI Lawyer-Worcester, Mass.

A police officer who makes an arrest for OUI in Massachusetts, may testify that the person was under the influence of alcohol.  The police offiicer may not testify, however, that the arrestee’s: impairment; or intoxication; rendered her unable to operate a motor vehicle. An opinion by a police officer in an OUI trial on the ultimate issue of guilt or…

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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…

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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…

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Criminal Defense Lawyer-Worcester, MA

In order to be admitted in evidence at a criminal trial in Massachusetts, the statements of an accused must be voluntarily given.  There are certain factors that the courts will look at in determining the voluntariness of a statement.  These include: Promises or other inducements; Conduct and condition of the defendant; Defendant’s age, education, intelligence and emotional stability; & The…

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Criminal Lawyer Massachusetts-Worcester, MA

In Commonwealth v. Thomas, 476 Mass. 451 (2017), the Mass. Supreme Judicial Court “urged police departments to devise a protocol for the identification of inanimate objects where such an identification would inculpate a defendant.” In devising such a protocol, police departments are urged to consider whether: The witness should be asked to provide a verbal description of the object before…

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Worcester MA Attorneys

In Massachusetts, after the arrest of a driver, a motor vehicle may be impounded for one of four legitimate purposes.  These four circumstances include: Protection of the vehicle and contents from theft or vandalism; Safety of the public from dangerous items in the vehicle; Public safety concerns; Where the vehicle is parked on private property without permission of the owner.…

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Drug Attorney-Quincy, MA

In drug prosecutions in the state courts of Massachusetts, expert witnesses may not present negative profiling evidence.  In Commonwealth v. Horne, 476 Mass. 222 (2017), it was determined that the prosecution may not present evidence that “since the defendnat did not meet the physical characteristics of a drug addict, he must be a drug dealer.”  The case highlights that the…

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Criminal Lawyer Massachusetts-Worcester

Criminal convictions carry consequences outside of the courtroom.  Some of the collateral consequences of being convicted in criminal court in Massachsuetts, may include: Driver’s license loss; Deportation for non-citizens; Registration with state boards; Evidence for use in a civil lawsuit. If you or someone you know is charged with a criminal offense in Massachusetts, contact an attorney with the experience…

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