Molari Law Insights
Massachusetts Legal Developments Blog
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Massachusetts High Court Narrows Scope of Felony-Murder
Under Massachusetts law, a person can be charged with “felony murder” if someone is killed during the commission of a felony. Felony murder is a first-degree murder in the Commonwealth, and all coconspirators who helped with the commission of the felony can…
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Massachusetts Supreme Judicial Court: Breathalyzer Admissible Evidence in OUI Cases
Last month, the Massachusetts Supreme Judicial Court (SJC) affirmed the admissibility of breathalyzer tests in driving while impaired cases. Breathalyzers are used to measure the Blood Alcohol Content (BAC) of a person and are routinely administered in…
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Massachusetts Police Cannot Detain Immigrants Without Charges
The Massachusetts Supreme Judicial Court (SJC) recently ruled that police officers in the Commonwealth cannot detain a person in the state solely because of immigration status. In a unanimous ruling by the SJC, police officers in the Bay State are no longer…
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South Boston Gun and Drug Arrest Based on Ski Mask in Winter
(South) Boston, You're My Home! I spent several years living just blocks away from where BPD found two people driving in a car around the D-Street projects in Southie with a gun, some marijuana and evidence of drug sales, and $2,200 in cash. From the BPD…
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Massachusetts OUI Enforcement Being Stepped Up with Roadblocks During the Holidays
The Massachusetts State Police have announced a series of OUI checkpoint roadblocks for the latter part of December. Generally, during a roadblock OUI checkpoint, police will stop every car according to a set pattern, and interview the driver. If, during that…
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Decades-Old Felony Murder Law Changed in the Commonwealth
The Massachusetts Supreme Judicial Court (SJC) has changed the longstanding felony murder law in the Commonwealth. The Felony Murder Law is a rule that allows a person to be charged with first-degree murder when he or she kills someone, even accidentally.…
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Changes for Marijuana Impairment Cases
The highest court in Massachusetts ruled that field sobriety tests are not a reliable measure for indicating marijuana-induced impairment of Commonwealth citizens. In the past, there has been an ongoing debate among concerned citizens and scientific…
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Unlawful Stop, Two-For-One Edition
According to an article posted by the Boston Police Youth Violence Strike Force : On September 29, 2017, members of the Youth Violence Strike Force were on directed patrol in the area of Mercer Street in South Boston due to recent past shots fired and firearm…
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The First Complaint Doctrine
Witness testimonies play a significant role in many court cases. They play an even bigger role in cases involving rape and other sexual assault crimes in the Commonwealth of Massachusetts. Massachusetts practices the first complaint doctrine. The first…
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Words can Kill
Words are quite powerful and they can have detrimental consequences in a courtroom, at least in the Commonwealth of Massachusetts. A Bristol County Juvenile Court Judge has found a Massachusetts woman guilty of involuntary manslaughter for encouraging her…
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Temporary Suspension of Breath Tests Results
Individuals charged with OUI/DUI offenses in the Massachusetts area may not have to worry about their breath test results for a while. Attorneys representing drunk-drivers are accusing the Commonwealth of covering up evidence that breath test results used in…
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Are You Required to Help Someone in Trouble?
If someone else is in danger, do you have a legal duty to help them? In an emergency, we hope most folks would do the right thing. However, what is the right thing to do? The answer is varied and different for every circumstance. The question has been debated…
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Road Rage is Dangerous
Every now and then tempers will boil when you are onthe road behind another driver who is driving too slowly when you are running late for work or an important appointment. It happens to everyone. Most of us keep those frustrations to ourselves and get to our…
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Carjacking is a Serious Crime
Carjacking in a crime that has been on the rise in recent years. Motorists need to learn how to protect themselves, and individuals accused of carjacking need to find a criminal defense attorney immediately. Carjacking is an offense that involves the theft of…
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National Internet Safety Month
June is National Internet Safety Month , and the month brings awareness of the need for online safety and how we can protect everyone, especially children, from the dangers of the Internet. The Internet is a modern technological advancement that impacts our…
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Public Order Crimes
Crimes against public order uproot social norms or customs. They are contrary to what a normal or civilized society views as appropriate behavior. Public order crimes do not conform to the societal morals and values of a community. When one commits these…
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Serious Firearm Charges Hinge on Illegal Search
According to the Boston Police twitter feed : At about 3:43 pm on Tuesday, June 20, 2017, members of the Youth Violence Strike Force . . . observed a black motor vehicle operating . . . make several illegal turns . . . . [O]fficers stopped the car [and] . . .…
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Obstruction of Justice is a Crime
The phrase "obstruction of justice" is making headlines across the national media, as legal experts and political commentators continue to debate over whether or not key U.S. Government officials are allegedly involved in obstruction of justice…
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Resisting Arrest
If you are thinking of trying to avoid being arrested by a police officer and take matters into your own hands, you should think again. You may be charged with resisting an arrest, and the consequences of your actions may not be pretty. When you are being…
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Ransomware Attacks
The computers of many businesses around the globe were paralyzed and held hostage by the recent outbreak of WannaCry Ransom . The attack is considered to be the largest ransomware attack affecting the Internet by freezing hospitals and other firms out of…