Molari Law Insights
Massachusetts Legal Developments Blog
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Surveillance Footage vs. Eyewitnesses in Boston Armed Robbery Cases
Prosecutors today rely heavily on surveillance footage, a form of evidence that did not even exist a lifetime ago. Prior to this development, the only way to look back on a past moment was by asking an eyewitness. Which is the more reliable form of evidence…
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Dartmouth Police Officer Gets the Minimum Sentence for Child Rape
A 10-year police veteran has been sent to prison for at least a decade after being convicted of child rape. Two victims came forward with harrowing stories during the trial, telling the court how the former officer had taken advantage of them through family…
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Do Prosecutors Have to Reveal a Confidential Informant's Identity in Boston?
Many drug trafficking defendants in Massachusetts are prosecuted on the basis of information from confidential informants or "CIs." The issue is that these CIs are inherently anonymous – and their use raises Sixth Amendment questions. In the United…
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Massachusetts Correctional Officer Accused of Smuggling Drugs Into Jail
We often hear that it is easier to purchase drugs behind bars than on the street. To the casual observer, this might seem like a ridiculous concept. After all, jails and prisons are subject to the highest levels of security. Everyone and everything that goes…
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Massachusetts Police Detective Accused of Strangling Pregnant Woman
A former police detective in Massachusetts is facing serious charges after allegedly strangling a pregnant woman. This woman was found dead back in 2021, and her death was initially ruled a suicide. However, investigators now believe that this apparent…
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Power and Accountability: The Tragic Case of Matthew Farwell and Sandra Birchmore
A former Stoughton police officer has been indicted in federal court for having a sexual relationship with a woman from the time she was 15 years old until she was 23 and killing her sometime after she told him she was pregnant with his child. The case…
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Is a Switchblade a “Dangerous Weapon” in Massachusetts?
When it comes to criminal offenses, definitions matter. In cases involving prohibited weapons, the definition of “dangerous” is particularly important – and complex. Where do we draw the line between a “dangerous” blade and a knife that functions more like an…
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Community Caretaking Eliminated as Grounds for Warrantless Entry into Homes
The community caretaking exception once allowed police officers to carry out warrantless searches of residences in the United States – and in Massachusetts. Under this doctrine, a police officer can legally enter someone’s home without a warrant while…
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New Jury Instruction on “Incarcerated Informant Testimony” in Massachusetts
Some people might regard witnesses in criminal cases as heroes – brave souls who stand up to alleged criminals with powerful testimony. To others, these individuals are nothing more than “snitches” – opportunistic individuals who will do anything to survive.…
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What are the Penalties in Massachusetts if I Cause a Fatal Crash in a Stolen Car?
Causing a fatal crash can lead to serious criminal charges, but doing so in a stolen vehicle may lead to even higher penalties. If defendants combine these offenses with operating under the influence (OUI), they face potential homicide charges. This became…
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Prosecutors Charge Defendant With Witness Intimidation After Innocent Phone Call
Witness intimidation is a serious offense in Massachusetts. If convicted, you could spend up to 10 years in prison – and you might be forced to pay significant fines. However, it is important to recognize that the definition of witness intimidation is…
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The “Staleness” of Gun Crime Evidence in Massachusetts
One of the most counterintuitive concepts in gun crime cases is something called the “staleness of evidence.” Essentially, this relates to the length of time that a piece of evidence (usually a firearm) can be linked to a gun crime in Boston . After a gun…
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Murder Charges Dropped in Massachusetts Due to Miranda Rights Violations
Although your Miranda Rights represent only a few words uttered by arresting officers, they are essential. If an officer fails to inform you of your rights before placing you under arrest or questioning you, you may avoid criminal consequences. This was made…
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Boston Police Searching for Suspects After Multiple Fourth of July Shootings
The Fourth of July can be a wonderful time of celebration in Boston, but it can also lead to instability and serious violence. Boston Police are trying to locate those responsible for multiple shootings during the celebratory holiday, and local residents are…
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Expert Testimony on Drug Trafficking Lab Results in Boston
In order to convict someone of drug trafficking in Boston , prosecutors must first prove that the drugs in question actually exist. This almost always requires some degree of analysis in a laboratory. Lab technicians must determine that the substances…
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Defendant Beats Drug and Firearm Charges in Massachusetts on Sixth Amendment Grounds
The right to a speedy trial can be helpful for those facing criminal charges in Massachusetts. This was made adamantly clear when the Commonwealth decided to drop all charges against a defendant who successfully argued his Sixth Amendment rights had been…
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Can Police Search My Criminal Record Just By Looking at My License Plate?
Your criminal record in Massachusetts is tied to your license plate number. Assuming the vehicle is registered in your name, there is nothing stopping police officers from running a criminal record check based only on your license plate number. Unlike a…
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Cold Case Murder Trial in Boston Raises Important Questions About DNA Evidence
DNA evidence is often hailed as an infallible, irrefutable pathway toward streamlined convictions. Defendants may find it challenging to push back against the dogmatic, almost monotheistic "truth" of science in this situation. DNA evidence has…
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Can Police Obtain My Hospital Records to Prove OUI in Massachusetts?
In Massachusetts, you might assume that your medical records are always private. Federal privacy laws prohibit healthcare providers from revealing your records, and doctors also protect your confidentiality from a purely ethical standpoint. But what happens…
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Can Police Obtain My Hospital Records to Prove OUI in Massachusetts?
In Massachusetts, you might assume that your medical records are always private. Federal privacy laws prohibit healthcare providers from revealing your records, and doctors also protect your confidentiality from a purely ethical standpoint. But what happens…