Massachusetts Legal Developments Blog

One of the first things people learn in gun safety courses is the proper storage of firearms. All responsible gun owners can agree that storing your firearms is incredibly important, especially if you have children in your home. But can you really go to jail for improper storage of a firearm in Massachusetts? The answer may surprise you.

Man Faces Up to 12 Years After Boy Fatally Shot by Improperly Stored Firearm

A man in Boston is now facing a maximum sentence of 12 years after a fatal accident involving improper storage of a firearm. The 22-year-old defendant stored his firearm in a fanny pack in a residence where a 12-year-old child had easy access to it. All reports seem to indicate that the child accidentally shot himself in the chest with the weapon after taking it out of the fanny pack. The gunshot wound proved to be fatal. 

As a result, the defendant has been charged with improper storage of a firearm near a minor, an offense that comes with a maximum prison sentence of 12 years. The minimum sentence is 1.5 years in prison. Alternatively, a jail sentence of between 1 and 2.5 years may be possible, plus a fine of up to $15,000. 

How Should I Store My Firearm in Boston?

Massachusetts has strict guidelines on how guns should be stored. You essentially have two options: Install a locking device directly onto the firearm itself, or lock the firearm in some kind of container. If you choose the second option, you do not need to install a safety lock on the firearm itself. In addition, authorities in Massachusetts "recommend" that you store ammo and guns separately – although this is not explicitly required. 

A safety device installed directly onto the weapon must prevent the firearm from discharging. There are specific firearm locks available, and these may be installed directly onto the trigger guards. With the trigger disabled, the firearm is not operable. A gun lock may also be looped through the firearm in a manner that holds its bolt open, preventing the firing pin from moving forward. Many gun owners use bike locks in this manner. Some might argue that a zip tie is also acceptable, although it is best to use a more secure option. Guns may also be "disabled" by removing certain components and storing them separately. For example, you might remove the bolt on a bolt-action hunting rifle. However, authorities in Massachusetts make it clear that a locking safety device is the only acceptable option. 

One might argue that if the aforementioned defendant had put a simple lock on the zip of his fanny pack, he might have avoided the tragedy. However, it is not clear whether this locked fanny pack would classify as a proper "container" under Massachusetts law. In reality, the wording refers primarily to gun safes or hard-shelled, tough gun cases. 

Where Can I Find an xperienced Defense Attorney in Massachusetts?

If you have been searching for a Boston defense attorney who can help with firearm offenses, look no further than the Law Office of Edward R. Molari. We know that it might seem ridiculous to face charges simply because you forgot to secure your firearms on a single occasion, but legal consequences are a real possibility in this situation. Book your consultation today to discuss potential defense strategies geared toward your unique situation. 

The average person's understanding of the criminal justice system is based on what they see on TV. In this highly-polished, carefully-choreographed world, detectives are portrayed as technological savants and logical geniuses. Scientific evidence in the form of fingerprints, DNA, and ballistic data is always irrefutable. 

In reality, criminal justice is rarely straightforward. Evidence may point in one direction but may not provide a conclusive link between suspects and their alleged crimes. Unfortunately, this doesn't stop authorities from perpetuating causal links that do not exist. Concerns on this subject have been raised after bloody footprints led investigators to a suspect in Newton. But putting aside the sensational headlines, how reliable is this evidence?

Investigators in Newton Rely on Footprints to Track Down Suspect 

On June 27, it was reported that an arrest had been made in connection to a random, triple murder in Newton. Police apparently examined bloody footprints in order to track down a suspect, and they seem confident about the reliability of this evidence. One investigator stated:

"Like fingerprints, the skin of people's feet is unique and leaves an impression that can be compared."

Police eventually located the suspect "staggering" down a road and took an impression from his feet. This apparently provided them with a clear match to the footprints found at the murder scene. 

Are Footprints Admissible Evidence?

But despite the confidence expressed by the authorities, questions may be raised in court about the reliability of this evidence. Consider the fact that in 2017, the American Association for the Advancement of Science issued a report on this subject and found that:

"[...] examiners should avoid claiming that they can associate a latent print with a single source and should particularly avoid claiming or implying that they can do so infallibly, with 100% accuracy."

The reality is that fingerprint (and footprint) examination is not the "exact science" that authorities purport it to be. If examiners cannot claim to be 100% accurate in their findings, then by very definition, it cannot be used to determine a suspect's guilt. Remember, the prosecution must establish their guilt "beyond a reasonable doubt." Even a 1% chance of an inaccurate fingerprint examination could create sufficient doubt. 

Remember that while the science behind fingerprint examination is questionable at best, the science behind footprint examination is virtually non-existent. Criminal responsibility may be called into question in the aforementioned triple-murder case – even if the suspect did, in fact, commit the crime. 

Get in Touch With a Criminal Defense Attorney in Massachusetts Today

If you have been accused of a serious crime in Massachusetts, contact an experienced criminal defense attorney as soon as possible. Choose the Law Office of Edward R. Molari, and you can approach this situation with a measure of confidence and efficiency. The reality of criminal justice is far different from what you see on television. The only way to get a sense of how this system really works is to speak with an experienced attorney. Book your consultation today to get started. 

There is always a sense of shock when attorneys are charged with crimes in Boston. These individuals are closely linked with the law itself – and to see them breaking the law is surprising, to say the least. Some might argue that along with judges and juries, attorneys are tasked with ensuring the integrity of our legal system. Two attorneys recently faced sex crime charges in Boston, and these stories show that anyone can find themselves in court with serious allegations, even if they genuinely did nothing wrong.  

Lawyer Arrested on Sexual Assault Charges

On June 5, it was reported that a corporate attorney had been arrested for sexual assaults that allegedly occurred 15 years ago. He has pleaded not guilty to three counts of aggravated rape, two counts of kidnapping, one count of assault with intent to rape and one count of indecent assault and battery. Three women have come forward, alleging that the man held them at gunpoint before sexually assaulting them. A fourth woman claims that she was attacked by the man while jogging but managed to escape. 

FBI agents apparently collected a drinking glass from the lawyer's office and used it to compare DNA evidence found at the crime scenes. The defendant's defense attorney points out that if this DNA evidence was obtained without a warrant, it should not be admitted in court. The defendant has been suspended from his job pending the outcome of the criminal case. 

Another Lawyer Found Not Guilty for Similar Charges

On June 9, another Boston attorney was found not guilty of two counts of rape. The alleged victim claims that she was sexually assaulted during the morning after partying with the man and another female friend. Apparently, the prosecution failed to present a convincing case, and the defense exposed several inconsistencies in the victim's recollection of the event. 

It is worth mentioning that numerous observers seemed completely confident that the man would be found guilty. This should serve as a cautionary tale not to jump to assumptions, as the only real way to determine the validity of allegations is through the official legal process. Media reports and rumors can sensationalize these stories – especially when attorneys are involved. The headline of an attorney being charged with rape is often seized upon with enthusiasm by journalists without any consideration for the actual evidence. Although juries can be influenced by these "juicy headlines," a solid defense attorney can cut through to the underlying truth.  

Where Can I Find an Experienced Defense Attorney in Boston?

If you find yourself facing serious charges in Boston, it is time to get in touch with a qualified criminal defense attorney. Choose Edward R. Molari, Attorney at Law, and you can get started with an effective defense strategy right away. Remember, you are innocent until proven guilty – and your right to an attorney is something you should take full advantage of. Reach out today to get started. 

With the rise of the digital world, digital evidence has become incredibly important in criminal law. In fact, most criminal trials today involve at least some digital evidence. If you have been charged with assault and battery related to a domestic dispute, you should know that the prosecution will almost certainly search for digital evidence they can use against you. But how might this digital evidence affect your case? Is digital evidence even admissible in court? How do you protect your data privacy? Let’s find out: 

What is Digital Evidence – and Why is it Important?

Examples of digital evidence include:

• Text messages
• Emails
• Social media posts
• Photos/videos saved on your phone
• Downloaded files
• Internet surfing history

These are just a few examples, and there are almost limitless types of digital evidence thanks to the wide-ranged nature of the internet. 

But why might digital evidence be important in your assault and battery case? In many cases of domestic violence, it’s a “he said, she said” type of situation. If there were no witnesses of the alleged violence, the prosecution might try to use digital evidence to support their claims. 

For example, they might show that you threatened the victim with text messages. They might also show that you chatted with friends and talked about how much you wanted to physically hurt the victim. 

You might have visited questionable websites – perhaps researching how to get away with certain crimes or use certain weapons. Someone might have videotaped the entire incident on their smartphone with your knowledge. There are many possibilities. 

What are Your Privacy Rights in Massachusetts?

Privacy rights on social media are not strong in Massachusetts. The general consensus is that once you post something on social media, there is “no reasonable expectation of privacy.” But there are some exceptions to the rule. Back in 2022, the Massachusetts Supreme Court expanded privacy rights for social media users. 

This came after a defendant had posted a video of himself holding a gun on Snapchat. Of course, this only applies to posts and not text messages. The Massachusetts Supreme Court was clear on this subject in 2021, stating that there is absolutely no expectation of privacy when it comes to text messages. 

What You Can Do to Protect Your Privacy Rights

You can take steps to protect your privacy in a simple way: Refuse to hand over your smartphone unless police have a warrant. It is really that simple. 

Where Can I Find a Qualified Defense Attorney in Massachusetts?

If you are facing charges of assault and battery in Massachusetts, you should get in touch with a defense attorney as soon as possible. Choose Edward R. Molari, Attorney at Law, and you can immediately get started with an effective action plan. We know that digital evidence can make or break your entire case. With our help, you can push back against digital evidence and invalidate it. We can also help you present digital evidence of your own that proves your innocence. Book your consultation today to get started with an effective action plan.