Law Office of Shane W. Surrette Legal Blog

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…

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…

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.…

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…

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…