Juvenile Court and Associated Criminal Charges The Juvenile Court Department is a statewide court with jurisdiction over civil and criminal matters.  It has general jurisdiction over delinquency, children requiring assistance, care and protection petitions, adult contributing to a delinquency of a minor cases, adoption, guardianship, termination of parental rights proceedings,...

Digital Camera and cell phone search Can the police search a digital camera or cell phone in the possession of the defendant without a valid warrant? The Court in Commonwealth v. Mauricio decided the answer to that question was “NO”. This decision expands upon the Massachusetts Supreme Court decision in...

Is your child being charged with Minor in Possession of Alcohol? Was he or she at a party where alcohol was served and charged with Minor in Possession?  In a vehicle where alcohol was found?  At a park where alcohol was being consumed?  Even if your child did not consume...

What happens when you have a criminal charge?   In order for the prosecution to move forward on a criminal charge they must have probable cause to believe that the alleged crime was committed and that the defendant was the individual committing that offense.  If the criminal charge is a...

Can an Inference of Criminal Activity form the basis of a stop? The Appeals Court of Massachusetts ruled that probable cause for motor vehicle stop could be based upon an inference of criminal activity.  Specifically, in Commonwealth v. Sanders, the Appeals Court determined that an experienced narcotics officer had probable cause...

Arrested or charged with OUI or Operating under Influence in Newburyport? Arrested for Operating Under the Influence or OUI?  Driving under the Influence of alcohol is likely the most frequent case heard in the Newburyport District Court, but what does that mean for you as an individual.  While each case...

Second Offense Operating Under the Influence (OUI) or Cahill Disposition   Are you being charged with a second offense operating under the influence of alcohol in Massachusetts?  Since the implementation of Melanie’s law, Massachusetts is a lifetime lookback state.  That means that even if your first offense was 40 years...

Breathalyzer implications – Should I take the breath test? The breathalyzer or breath test machine attempts to measure your blood alcohol content by measuring the alcohol molecules contained within your breath. In order to measure your blood alcohol content through a breath test sample, the breathalyzer or machine used by...

Arraignment and Bail – What are they? An arraignment, your first appearance in court, gives the court a chance to advise a defendant of pending charges and set an appropriate bail. In determining bail, the court will consider several factors under Massachusetts General Laws chapter 276 section 58. The court...

What is Probable Cause? Probable cause is the standard used in our legal system to determine whether there is enough evidence to charge any individual with a crime. While probable cause is admittedly a low standard, it still requires a showing that reasonably trustworthy information exists sufficient to warrant a...