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 provide DNA samples for:
- Misdemeanor convictions;
- Felony admissions that don’t result in convictions;
- Just being charged with a felony.
As a result, if you are charged with a felony in Massachusetts, contact the Worcester MA Attorneys who can help you understand what the collateral consequences of a felony conviction will be. Contact Shane W. Surrette today at (774) 364-4605 or at [email protected]
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 the home;
- whether the area is included within an enclosure surrounding the home;
- the nature of the uses to which the area is put;
- the steps taken by the resident to protect the area from observation by people passing by.
Commonwealth v. Leslie, SJC 12176 (2017). If you or someone you know is charged with a criminal offense, contact Criminal Defense Attorney Massachusetts Shane W. Surrette today at (774) 364-4605 or at [email protected].
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
- 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 innocence is inadmissible. See Commonwealth v. Gallagher, 16-P-192 (2017). If you or someone you know is charged with OUI, contact the OUI Lawyer who can assist you today. Contact OUI Lawyer Shane W. Surrette at (774) 364-4605 or at [email protected] today.
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 [email protected] today.
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 [email protected] or at (774) 364-4605 today.
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 defendant’s experience with the criminal justice system.
Commonwealth v. Mandile, 397 Mass. 410, 413 (1986). If you or someone you know is facing criminal charges and have made statements to the police, contact a criminal defense lawyer who can review those statements with you to see if they pass the test of voluntariness. Contact Criminal Defense Attorney-Worcester, MA, Shane W. Surrette at (774) 364-4605 or at [email protected] today.
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 the object is shown to the witness;
- The officer should tell the witness that the object that will be shown may or may not be the object the witness described;
- Witness certainty should be inquired of by the officer if an identification is made; &
- Clarificiaton should be obtained as to whether the object is the one the witness saw, or whether it simply looks like the object.
If you or someone you know is charged with an offense where identification of an inamimate object or a photo thereof is made, it is important to have a criminal lawyer with you who understands identification evidence. Contact Criminal Lawyer Massachusetts Shane W. Surrette at (774) 364-4605 or at [email protected] today.
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.
These scenarios were rearticulated in the case of Commonwealth v. Oliveira, 474 Mass. 10 (2016). Where the true purpose of the seizure is to search the vehicle, the seizure of the vehicle may not be justified as a precursor to an inventory search. As a result, if you are in a situation where your vehicle has been impounded and searched, contact the Worcester MA Attorneys who can help you. Conact the Law Office of Shane W. Surrette today at (774) 364-4605 or at [email protected].
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 Commonwealth can’t use:
- Profiling Evidence;
- Negative Profiling Evidence; or
- Comparisons to Negative Stereotypes against the Defendant in a Criminal Trial.
As a result, if you are facing drug charges, contact a drug attorney who has the experience to help you. Contact Drug Attorney Shane W. Surrette at (774) 364-4605 or at [email protected] today.
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 as both an assistant district attorney and a defense attorney. Look for Criminal Lawyer Massachusetts, and contact Attorney Shane W. Surrette at (774) 364-4605 or at [email protected] today.