Molari Law Insights
Massachusetts Legal Developments Blog
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Attorney Edward Molari Representing West Roxbury Man Accused of Kidnapping
Kidnapping and other crimes against a person are extremely serious offenses under Massachusetts law. Sometimes, these incidents involve other crimes as well, such as the unauthorized taking of property or the use or sale of illegal or controlled substances.…
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The Potential Consequences of a Massachusetts Sex Offense Conviction
Sex offenses are viewed with particular contempt by the general public as well as the Massachusetts criminal justice system. Regardless of whether it is fair or not, many people who are even accused of sex crimes spend the rest of their lives treated with…
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Free Speech or Criminal Harassment? Massachusetts Court to Decide
The Supreme Judicial Court of Massachusetts heard arguments this month in an appeal of a couple’s convictions for criminal harassment. Gail Johnson was convicted of criminal harassment and spent six months in jail. Her husband, William Johnson, was convicted…
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Massachusetts Court Lowers Standard of Proof for Sealing Criminal Records
Many people, perhaps more than you think, have criminal records of some sort. Whether the record concerns a college indiscretion involving too much alcohol or an arrest resulting from participation in a political protest, the existence of a criminal record…
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Can the Police Compel a Blood Test in a DUI Investigation?
The 4th Amendment purportedly protects individuals from unreasonable search and seizure by law enforcement and other people acting as a state actor. While a warrantless search is presumed unreasonable, there have been myriad exceptions established to this…
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Success at the Massachusetts Supreme Judicial Court
In an important victory, Edward R. Molari, Attorney at Law , successfully litigated a recent case before the Massachusetts Supreme Judicial Court. Mr. Molari challenged lower court rulings to defend his client against drug charges brought about by an…
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Woman, Who Records Her Own Arrest, Charged with Wiretapping
Electronic devices, with their ability to record audio and video, are ubiquitous in our society. As the following case demonstrates, Massachusetts residents need to be wary when recording events around them to ensure that they are not guilty of violating the…
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Supreme Judicial Court Issues Important Ruling on the Use of DNA Evidence
In a recent decision of the Supreme Judicial Court of Massachusetts, DNA evidence has again entered the spotlight of criminal proceedings and post-trial challenges to convictions. In an opinion released last month, the Court has determined that criminal…
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Can the Police Search Your Cell Phone When Arresting You?
The U.S. Supreme Court recently heard oral arguments in two cases involving cell phone privacy. The critical question of law in both instances is under what circumstances the police can search the contents of your phone. Search Incident to Arrest In general,…
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Erasing a Criminal Record
Everyone has parts of their past that they regret, but for some that past involves a crime. Even when a person has left the errors of their youth behind them, a criminal record can follow them for years and years. Common Stigmas for Past Crimes Those who have…
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The Burden of Proof in Criminal Trials
Innocent until proven guilty. This is a central tenant of our criminal law system. The state has the ultimate burden of proof when it comes to trying criminal defendants. Satisfying this burden of proof is not easy. In reality, the burden of proof involves…
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MASSACHUSETTS BANS “UPSKIRTING” AFTER CONTROVERSIAL SJC RULING
Earlier this month, the Massachusetts Supreme Judicial Court ruled unanimously that “upskirting,” the practice of secretly photographing under a woman’s skirt or dress, was not prohibited by state law. According to a story in The Boston Globe, the SJC found…
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MASSACHUSETTS COURT OF APPEALS LIMITS DEFENDANTS’ RIGHTS
One of the fundamental principles of modern criminal procedure is that evidence acquired in violation of the law is not admissible in court, even if it is reliable in every other way. The so-called “exclusionary rule” is designed to prevent police and…
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SJC REQUIRES WARRANT FOR CELL PHONE LOCATION INFORMATION
As cell phones have become ubiquitous in our culture, the law has often struggled to catch up to these and other technological innovations. In particular, it has been unclear what steps law enforcement agencies need to take to gain access to cell phone…
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MASSACHUSETTS STATUTE ON SEALING CRIMINAL RECORDS
In 2010 the Massachusetts legislature passed (and the governor signed) the Criminal Offender Record Information (CORI) Reform Act . The statute went into effect on May 4, 2012. Among other provisions, the new law shortens the waiting period before one is…
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SCHOOL ZONE RESTRICTIONS IN MASSACHUSETTS DRUG LAWS
On August 2, 2012, Massachusetts Governor Deval Patrick signed into law an omnibus crime bill that had been passed by legislature. The bill consisted of many disparate crime-related provisions, including a new “three strikes” statute called Melissa’s Law.…
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MASSACHUSETTS MAKING STEADY PROGRESS IN REFORMING MANDATORY MINIMUMS
In the early 1980s, the Massachusetts legislature passed the commonwealth’s first mandatory minimum laws for drug offenses. These laws took discretion out of the hands of prosecutors and judges and created fixed sentences based on the specifics of the crime…
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Appeals Court Justices Split on Issue of Notice in Suspended License Cases
Massachusetts traffic laws can often be exceedingly complex, confusing, and illogical. In particular, there is an assortment of laws related to driving without a license or with a suspended license, with each offense carrying a distinct sentence. The devil,…
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High Speed Chase Hightlights Inconsisten Suspended License Laws
An 18-year-old driver from Bridgewater allegedly led police on a high-speed chase in the early morning hours about three weeks ago. According to a story in the Taunton Daily Gazette, the driver is facing multiple criminal charges, and will likely face more as…
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NEW MEDICAL MARIJUANA REGULATIONS LAY OUT PATIENT REGISTRATION REQUIREMENTS
In 2012, Massachusetts voters approved a ballot initiative allowing the use of cannabis for medical purposes within the state. The language of the initiative, which passed with the support of 63 percent of Massachusetts voters, stipulated that the Department…