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Criminal Justice

April 2016

Sealing Criminal Records (CORI) in Massachusetts

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

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. Before getting into an overview of the process of sealing one’s record, it’s important to make a few key distinctions. First, sealing is different from expungement; the latter, in effect an erasure of your record, is not available in Massachusetts. Instead, when [Read More…]

February 2015

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

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

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 5,000 foreign students and researchers currently in the Commonwealth, most in the Boston area. Many of these J-1 visa holders are here with their spouses and children, who themselves may be granted J-2 visas. J-2 visa holders are afforded the privilege to study [Read More…]

July 2014

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

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

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 to conduct a warrantless search of a vehicle, they must have reasonable suspicion of criminal activity. In 2011, the SJC ruled that the smell of burnt marijuana alone was not sufficient to justify a warrantless search of a car. There, the SJC reasoned:

Given [Read More…]

Sullivan Courthouse/Jail Empty at Last

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

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 host of problems common to such brutalist style structures from that era, including asbestos, malfunctioning elevators, inadequate HVAC and inoperable windows. The building was deemed “sick,” and the cost of repair untenable.

In 2008, the courts and DA vacated the property; the District court is now [Read More…]

April 2014

Federal Clemency Initiative

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

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 the following criteria:

1) currently serving a federal sentence in prison and, by operation of law, likely would have received a substantially lower sentence if convicted of the same offense(s) today;

2) non-violent, low-level offenders without significant ties to large scale criminal organizations, gangs or cartels;

3) served [Read More…]

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