Law Office of Shane W. Surrette Legal Blog

If you are charged with a drug crime in Massachusetts where possession is an element of the offense, it is important to note that possession has a specific legal definition. The Commonwealth may allege that an individual either directly or constructively possessed the controlled substance.  Constructive possession requires: Knowledge of the item; Ability to exercise control over it; & Intent…

A person charged with certain enumerated offenses under Mass. Gen. Laws. c. 276 section 58A may be held for 120 days pending trial.  An operating under the influence charge may qualify under the statute if there are three prior convictiions against the accused.  This means that in Massachusetts if you are: Charged with operating under the influence of intoxicating liquor;…

If a police officer in Massachusetts completes a routine civil traffic stop, and the officer doesn’t have facts suggesting a reasonable suspicion of criminal activity, the officer is required to allow the individual to drive away.  Commonwealth v. Cordero, SJC-12210 (2017).  This means that a routine stop can’t be prolonged beyond the justification for the stop without evidence suggesting criminality.  In the Cordero case, the…

To proceed on an under the influence of alcohol theory in Massachusetts, the Commonwealth must show that the defendant operated a motor vehicle, on a public way, while under the influence of intoxicating liquor. The question that often arises is, what evidence has been shown that the person has consumed enough liquor to impair his or her ability to drive…

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…

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…

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…

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 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…

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…