• March 26, 2020 at 4:45 pm by Steven Topazio

In Commonwealth v. Kelly (No. SJC-12710) – January 30, 2020, the Supreme Judicial Court affirmed a defendant’s conviction of discharging a firearm within 500 feet of a building, in violation of M.G.L. c. 269 § 12E, and unlawful possession of a firearm, in violation of M.G.L. c. 269 § 10(h).  The court, in this matter of first impression, held that section 12E does not require any mens rea as to the element of discharge and read More

• March 13, 2020 at 7:31 pm by Steven Topazio

In the case of Commonwealth vs. Wilson Goncalves-Mendez, 484 Mass. 80 (2020), the SJC affirmed the allowance of the defendant’s motion to suppress, because the impoundment of his motor vehicle was found to be unreasonable in light of his “passenger’s availability to drive and the failure by police to ask the defendant whether the passenger taking custody of the vehicle would be a preferred alternative.”  The court held that when the police are aware that read More

• March 12, 2020 at 5:30 pm by Steven Topazio

The law on patfrisks has been clarified in the case of Commonwealth v. Torres-Pagan, 484 Mass. 34, (2019). A stop and frisk occurs when a police officer temporarily detains a pedestrian and pats down their outer clothing when there are specific and articulable facts leading a reasonable police officer to believe that the person is engaged in criminal activity and is armed and dangerous. Both the Fourth Amendment to the United States Constitution and art. 14 of read More

• February 20, 2020 at 10:08 pm by Steven Topazio

In the case of Commonwealth v. Gerhardt, the Supreme Judicial Court ruled that a police officer can testify to observations made during field sobriety tests of drivers suspected of being under the influence of marijuana, but the results of those field sobriety tests may not be used as the sole evidence to convict someone of driving under the influence of marijuana.  In order for a police officer to testify to the correlation between marijuana impairment read More

• February 9, 2020 at 4:13 pm by Steven Topazio

A defendant’s ability to pay is a consideration in determining whether to order restitution as a condition of probation. In the case of Commonwealth vs. Kim Henry, 475 Mass. 117 (2016), the court addressed the issue of restitution as a condition of probation to the victim.  The facts of the Henry case are as follows.  The defendant was employed as a cashier at a Walmart department store in Salem. A Walmart video camera captured the read More

• February 3, 2020 at 11:29 pm by Steven Topazio

The protected party need not actually be present. In the case of Commonwealth v Goldman, 94 Mass. App. Ct. 222 (2018), the appeals court concluded that if no distance is specified in a harassment prevention order pursuant to G. L. c. 258E, then the provision that the defendant remain away from the protected party’s residence prohibits the defendant from crossing the residence’s property line, engaging in conduct that intrudes directly into the residence, and coming read More

• January 16, 2020 at 11:20 pm by Steven Topazio

Whether a motorized two-wheeled vehicle qualifies as a motorized bicycle generally depends on the size of its engine, the nature of its transmission, and the maximum speed the vehicle is capable of achieving. G. L. c. 90, § 1 (definition of a motorized bicycle). A “pedal bicycle which has a helper motor” automatically qualifies as a motorized bicycle. G. L. c. 90, § 1. According to stature, ”Motorized bicycle”, is a pedal bicycle which has a read More

• January 10, 2020 at 10:37 pm by Steven Topazio

In Commonwealth v. Jermaine Watt (August 20, 2019), the Supreme Judicial Court held that due process principles required a refund of a drug analysis fee but did not require a refund of other fees claimed by the defendant after the indictments against him were dismissed.  In this case, the defendant pleaded guilty to two counts of distribution of cocaine and was sent to jail.  Watt later sought a new trial when he learned of the read More

• December 10, 2019 at 10:41 pm by Steven Topazio

Bump stocks came under scrutiny by the Department of Justice after the October 2017 massacre in Las Vegas. That is following the tragic event where Stephen Paddock opened fire from his hotel suite onto outdoor concertgoers with rifles fitted with bump stocks, killing 58 people and wounding hundreds of others. Only two states had banned bump stocks prior to the Las Vegas shooting. Bump stocks or bump fire stocks are gun stocks that can be used to assist in bump firing. Bump read More