The Fifth Amendment to the United States Constitution protects criminal defendants from being compelled to testify against themselves when being investigated or prosecuted for a crime. The Massachusetts state constitution and code contain similar provisions that are designed to protect residents who are suspected of crimes from being coerced into making incriminating statements. To ensure the federal constitutional right is functionally protected, courts have ruled that a criminal suspect, as part of a “Miranda warning,” must be notified of their right against self-incrimination before being a ..read more

In the area of criminal law, expungement can be a vital tool for individuals seeking to move forward from past mistakes and rebuild their lives. However, a recent judicial opinion from the Massachusetts Appeals Court highlights the complexities involved in the expungement process and underscores the importance of obtaining legal counsel to navigate these challenges effectively. The case in question sheds light on the hurdles individuals may face when petitioning for expungement without proper legal representation. The appellant, appearing pro se, appealed the denial of his petition for expunge ..read more

In a recent criminal case in Massachusetts, a defendant appealed his guilty conviction for murder in the first degree. On appeal, the defendant argued that the officers had coerced him into providing a confession of guilty; the higher court, however, ruled that the confession was entirely voluntary. The court’s opinion highlights the fact that without an attorney present, it is always best to refrain from admitting to having committed a crime. Competent, aggressive representation is helpful at any phase of a criminal case, but especially during the interrogation process. Here, having waived th ..read more

Facing criminal charges in Massachusetts can be a daunting experience, especially when errors occur during the legal process. In a recent Massachusetts case, a defendant charged with OUI fifth offense and other offenses raised concerns about the denial of attorney-led voir dire. The Recent appellate ruling demonstrates that judges can make mistakes during a trial, but the result may stand if the error is deemed harmless. According to the facts discussed in the appellate opinion, the case involved the defendant being witnessed driving erratically near the Sagamore Bridge. After he was stopped ..read more

In a recent case before an appeals court in Massachusetts, the defendant challenged the lower court’s refusal to allow him to keep a jury member from serving on the jury during his trial. On appeal, the higher court reviewed the lower court’s record considered the defendant’s argument, and ultimately sided with the defendant, setting aside his guilty verdict. Facts of the Case According to the opinion, the defendant in this case was charged with mayhem, assault and battery, and violation of constitutional rights with bodily injury after he got into a fight with a security guard at a local rest ..read more

Criminal appeals are often looked at as a chance for a defendant to reverse a guilty verdict or unfavorable pretrial decision, however appeals can work both ways. Prosecutors commonly appeal pretrial rulings to a higher court in order to improve their chances of a successful result at trial. In certain circumstances, prosecutors can even appeal dismissals or acquittals of criminal charges, although double jeopardy may come into play if a jury had been impaneled prior to a state’s appeal. Earlier this year, one of my blogs discussed the effect of the Supreme Court’s decision in New York State R ..read more

The Fourth Amendment to the U.S. Constitution forms a basis to protect criminal defendants from unreasonable searches and seizures. Millions of criminal defendants have been assisted by the Fourth Amendment’s exclusionary provisions, which prohibit the introduction of evidence obtained in violation of the Fourth Amendment. In a recently released judicial opinion, the Massachusetts Supreme Judicial Court reinforced the state’s commitment to protecting individuals from the surreptitious collection of electronic evidence by offering state-specific protections that may exceed those offered by the ..read more

The Massachusetts criminal code is designed to allow prosecutors and judges discretion in charging and sentencing decisions in order to address the serious issue of repeat offenders. Criminal defendants with a prior record may be charged with different crimes than another person without a record. Additionally, a defendant’s record is taken into account when a judge makes sentencing decisions. These charging and sentencing decisions can have an enormous impact on the penalties that a defendant may be subjected to for the same conduct. A Massachusetts appellate court recently heard a case that c ..read more

For many individuals facing DUI charges in Massachusetts, the absence of breathalyzer evidence might seem like a silver lining. However, a recent judicial opinion sheds light on how prosecutors can still secure DUI convictions without relying on this traditional piece of evidence. At the Law Office of Patrick J. Murphy, we understand the intricacies of DUI cases and aim to equip potential clients with knowledge about the evolving landscape of DUI trials. Understanding the Judicial Opinion In a recent case, the absence of breathalyzer evidence took center stage, with the judge delivering a spec ..read more

With the increasing seriousness and public awareness of the nationwide opioid epidemic, Massachusetts lawmakers, prosecutors, and courts seem eager to address the problems by seeking quick convictions and harsh sentences for crimes relating to the distribution of heroin, fentanyl, and other opioids. While this strict enforcement of drug laws may ultimately support public health, overeager police officers and prosecutors often violate Massachusetts residents’ constitutional rights in the process of enforcing drug laws. A criminal defendant recently appealed his conviction for heroin distributio ..read more