Right to a Speedy Trial? Everyone knows that they have a right to a speedy trial, but what does “speedy trial” actually mean? According to Rule 36 of the Massachusetts Rules of Criminal Procedure, all defendants are guaranteed a trial within twelve months of the return day in the court...

Suspected of Operating Under the Influence? You can refuse the Field Sobriety Tests. Most people will say that at some point in their lives they have been advised to refuse the breathalyzer test. Generally, when suspected of operating under the influence, this is sound advice. There are, however, other factors...

Why is a Clerk’s Hearing so important? A Clerk’s Hearing (also called Show Cause Hearing or Magistrate’s Hearing) is your first chance to address the merits of any charge. At a Clerk’s Hearing you have the chance to show why you should not have formal charges issued against you. Often...

Sealing your Criminal Record It has recently become easier in Massachusetts to Seal your Criminal Record. Early this year, the Massachusetts Supreme Court decided the case of Commonwealth v. Pon, 469 Mass 296 (2014), and implemented a new “good cause” standard in evaluating a record for purposes of sealing. Previously,...

Recently, the Massachusetts Supreme Court confirmed that the purpose of a motor vehicle inventory search was intended to be non-investigatory. In Commonwealth v. White, 469 Mass. 96 (2014), the court defined the scope of these non-investigatory searches and limited their focus to pure inventory of items. As a result, an...

Is a Pat Frisk Required before a formalized search? During the course of a stop, if an officer believes an individual to be armed, a pat frisk is first required to determine whether that item is in fact a weapon. Law enforcement officers are not permitted to conduct a search...

Massachusetts Clerk’s Hearing or Show Cause Hearing, In Massachusetts, chapter 218, section 35 of the Massachusetts General Laws allows for a mechanism called a Show Cause or Clerk’s Hearing. If a case is moving forward in the Massachusetts Superior Court, the Commonwealth must present evidence to a grand jury and...

Did you make statements to police pursuant to a valid Miranda waiver?  In order to trigger the protections afforded pursuant to Miranda v. Arizona, the defendant must be subject to custodial interrogation.  Custodial interrogation is “questioning initiated by law enforcement officers after a person has been taken into custody or...

If you are charged with Assault and Battery, it is important to note that whoever accused you of the crime is no longer driving the case.   Once a crime is reported and charged, the case is in the hands of the Commonwealth and thus pursued and disposed at their discretion. ...

Operating under the Influence of alcohol (OUI or DWI), according to the statue can be proven in two different ways. First, the Commonwealth can choose to proceed under the theory that a suspect’s consumption of alcohol impaired their ability to operate their vehicle safely and/or the Commonwealth can proceed on...