The Second Amendment to the United States Constitution is also part of the Bill of Rights and was ratified on December 15, 1791. It protects the right of individuals to keep and bear arms. The text of the Second Amendment reads: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” This amendment is often interpreted and debated in two main contexts: Militia Context: Some interpret the amendment as emphasizing the necessity of a “well regulated Militia” for the security of a free state, suggesting th ..read more

The First Amendment to the United States Constitution is part of the Bill of Rights, which consists of the first ten amendments. Ratified on December 15, 1791, the First Amendment protects several fundamental rights of American citizens. It reads: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” This amendment encompasses five key freedoms: Religion: It prohibits Congres ..read more

What is White Collar Crime?  White Collar Crime refers to non-violent crimes typically committed by individuals or organizations in business or professional settings, often involving deceit, fraud, or violation of trust for financial gain. White Collar Crimes are usually characterized by concealment, manipulation, or abuse of positions of power, rather than physical force or violence. Examples of white collar crimes include: Fraud: This can involve schemes like securities fraud, mortgage fraud, healthcare fraud, or insurance fraud. Embezzlement: Misappropriation of funds by some ..read more

A “Terry stop” allows law enforcement officers to briefly detain a person based on reasonable suspicion of involvement in criminal activity, even if the officer lacks probable cause for an arrest. Here are the key points about a Terry stop: Reasonable Suspicion: For a Terry stop to be lawful, the police officer must have a reasonable suspicion, based on specific and articulable facts, that the person has been, is, or is about to be engaged in criminal activity. Limited Detention: The stop is temporary and limited in scope. It allows the officer to briefly detain the individual to inv ..read more

How do you Seal a Criminal Record and what does that mean? When we talk about “sealing a criminal record,” it means legally hiding or restricting access to certain information about a person’s criminal history. This process is often pursued by individuals who have been convicted of a crime but want to move on with their lives without the burden of their past mistakes hindering their future opportunities. Here’s a breakdown of the steps a lawyer might follow to help their client seal a criminal record: Assessment The lawyer will first assess the client’s eligibility for record sealing. Thi ..read more

A recent case requires the Court and the Commissioner of Probation to seal criminal records when a judge or jury finds a person not guilty, or when a court finds no probable cause for a criminal charge, or where a grand jury returns a no bill. Commonwealth v J. F., 491 Mass. 824 (2023 The defendant in Commonwealth v J. F., filed a petition pursuant to G.L. c.276, §100C (§100C), which was opposed by the Commonwealth, to seal his criminal record as to both the counts on which he was acquitted and the counts for which a nolle prosequi was filed. After a hearing, a judge denied the defendant’s pe ..read more

The Valor Act The pretrial diversion statute, G. L. c. 276A, as amended by the so-called VALOR Act, permits a judge to dismiss a second offense OUI charge brought against a qualifying veteran upon his or her successful completion of an approved pretrial diversion program despite the fact that the 2nd offense OUI statute prohibits a second or subsequent offense, from being “placed on file or continued without a finding.” G. L. c. 90, § 24. Pretrial diversion gives a judge discretion to allow a criminal charge to be diverted away from prosecution directly to a treatment program designed to help ..read more

Defining Assault & Battery An Assault is an attempted battery or an immediately threatened battery. A battery on the other hand is a harmful or an unpermitted touching of another person. An assault is committed when a person is placed in fear of an immediate battery and occurs when there is no harmful or unpermitted touching of the person, which is the battery. M.G.L. c 265 § 13A (a) makes it a misdemeanor for anyone to commit an assault or an assault and battery upon another person. Either crime is punishable by imprisonment for not more than 2 1/2 years in a house of correction or by a f ..read more

The Appeals Court affirmed the suppression of a gun seized by the police from the defendant, because the police did not have reasonable suspicion to stop the defendant. Commonwealth v. Kearse (Appeals Court No. 2018-P-1619) – April 9, 2020 After observing the defendant, standing in the vicinity of two other men who engaged in a “quick handshake,” an officer in the Boston Police Department’s drug control unit (DCU), believed he had observed a hand-to-hand drug transaction.  The officer radioed other officers to conduct an investigatory stop of the defendant and his companion.  As a r ..read more

In a recent SJC slip decision, the court affirmed the denial of the defendant’s motions to suppress, concluding that while the defendant has a constitutionally protected expectation of privacy in the whole of his public movements, an interest which potentially could be implicated by the widespread use of [automatic license plate readers (ALPRs)], that interest is not invaded by the limited extent and use of ALPR data in this case. Commonwealth v. McCarthy (No. SJC-12750) – April 16, 2020 Automatic license plate readers are cameras combined with software that allows them to identify and “read ..read more