Criminal Justice

Dangerous Weapons

Massachusetts laws are often written in colorful or archaic language. One such example concerns the offense of “Carrying a Dangerous Weapon” (M.G.L. ch. 269 §10).

Subsection (b) of this law deals with non-firearm weapons, and begins by enumerating a long list of weapons that are inherently dangerous, including a:

“stiletto, dagger or a device or case which enables a knife with a locking blade to be drawn at a locked position, any ballistic knife . . . dirk knife, any […]

Bail: What you need to know.

Bail is a very important matter for those facing criminal charges. At arraignment, the Commonwealth, though the Assistant District Attorney, will often request bail. The Defense Attorney will also make a bail request, and then the judge must decide how much bail, if any, to impose.

A recent decision by the Supreme Judicial Court (SJC) has outlined the factors to be considered in setting bail. The most important development from this new ruling, Brangan v. Commonwealth […]

On Civil Disobedience

A quick word to friends who are considering engaging in civil disobedience. Be prepared! If you disobey police orders, you are subject to arrest.

The police have broad power to enforce public order. During a protest, instigators are subject to arrest for “public order offenses” such as affray and disturbing the peace. Though the Boston Police tend not to arrest people in en-masse, if you repeatedly disobey an officer’s order, you will probably be arrested. (Note, State Police and Federal law […]

Sealing Criminal Records (CORI) in Massachusetts

Nobody’s perfect; if you’ve been charged with a crime, the charge, regardless of the outcome of the case, is likely a part of your criminal record, known in Massachusetts as your CORI (criminal offender record information). Such information is routinely used by prospective employers and landlords; if you have a criminal record, you may be disqualified for jobs or housing, despite your credentials.

Thankfully, the Commonwealth of Massachusetts has made it easier for individuals to have their criminal records sealed. […]

By |2020-11-01T17:37:58+00:00April 14, 2016|Court System, Criminal Justice|0 Comments

Crimes of Moral Turpitude, J-1 and J-2 Visas, and Deportation.

In addition to snow, the Metro Boston area has a lot of other assets, such as the fact that we are home to many of America’s top educational institutions. Beyond the academy, we have robust aerospace, defense, robotics and biotechnology industries. Our unique education to employment pipeline fosters innovation and attracts talent worldwide.

Many of our foreign students, scholars and researchers are residing here under the State Department’s J-1 work-study visa program; in fact, there are over […]

By |2020-11-01T17:38:15+00:00February 9, 2015|Criminal Justice, Immigration Law|0 Comments

SJC Rules that Smell of Unburnt Marijuana DOES NOT Justify Warrantless Searches of Cars.

The Supreme Judicial Court just released an important decision regarding the police’s ability to conduct warrantless searches of automobiles based on the smell of marijuana.

Some background: In 2008, Massachusetts voters decriminalized the possession of one ounce or less of marijuana. This meant that if you were caught with an oz. or less, you would be subject only to a $100 fine and would face no criminal charges. As a matter of Constitutional law, in order for police […]

By |2020-11-01T17:38:15+00:00July 10, 2014|Criminal Justice, Marijuana Law|0 Comments

Sullivan Courthouse/Jail Empty at Last

Ever wonder why the Cambridge District Court is located in Medford?

Until 2008, the Cambridge District Court, Middlesex Superior Court, Middlesex District Attorney’s office and Middlesex county jail were all located in East Cambridge at the Edward Sullivan Courthouse. The building is well known locally for its distinctive red stripe on the 17th floor; the courts and DA’s offices were located below the stripe, and the jail was located “above the red.”

However, the building, dating from 1971, suffered from a whole […]

By |2020-11-01T17:38:15+00:00July 1, 2014|Criminal Justice|0 Comments

Federal Clemency Initiative

In an effort to reduce the Federal prison population, the Department of Justice has begun a clemency initiative. This initiative offers non-violent offenders, who had been sentenced to long prison terms as part of the “war on drugs,” the opportunity to seek early release.

This initiative began late last year, when President Obama granted commutations to prisoners facing life imprisonment for offenses such as “conspiracy to possess with intent to distribute cocaine.”

To be considered under the program, inmates must meet […]

By |2020-11-01T17:38:15+00:00April 24, 2014|Criminal Justice|0 Comments

Veterans Treatment Court at the BMC

The Boston Municipal Court (BMC) has recently established a special veterans treatment court session. The purpose of this new offering is to “incorporate rehabilitative and treatment services for veterans by providing them with the tools and services to help them overcome substance abuse issues, alcoholism, mental health issues and emotional disabilities.” If you have spent time in Boston, you are probably aware that many of our area’s homeless are veterans; sadly, mental health issues often land these individuals in court. […]

By |2020-11-01T17:38:15+00:00January 31, 2014|Criminal Justice|0 Comments
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