Criminal Defense Without Compromise
Articles
Welcome to our Lowell, Massachusetts Criminal Defense Law Blog
On behalf of Erkan & Sullivan, PC
We established this blog to share stories and information about topics relevant to our practice. Our intent is to highlight local stories, as well as national subject matter, that we think you will find interesting. We will regularly update this blog and encourage you to share your thoughts on these posts.
Appeals Court Ruling in Commonwealth v. Wurtzberger Sparks Urgent Debate on the Definition of “Operation” in the Age of Modern Vehicle Technology
August 14, 2024.
In Commonwealth v. Wurtzberger, 22-P-764 (2024), the Massachusetts Appeals Court affirmed the conviction of a defendant for operating under the influence (OUI) in a municipal parking lot, ruling that such a lot…
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Massachusetts Appeals Court Protects Privacy Rights, Strikes Down Warrantless Secret Recordings by Law Enforcement
Oct 06, 2023
Read below for some notable updates in Massachusetts Firearm Laws and Cases. As a knowledgeable Lowell Gun Crime Attorney, Ryan Sullivan makes sure that he stays current on the new…
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SJC’s Decision In the Matter of a Motion to Compel Protects Massachusetts’ Standards for Sexual Assault Counseling Records, But Raises Interstate Legal Tensions
September 18, 2023.
In the Matter of a Motion to Compel, 492 Mass. 811 (2023), The Massachusetts Supreme Judicial Court ruled that, when responding to a request under the Uniform Law to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings…
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SJC’s Ruling in Sweeting-Bailey Undermines Promises of Judicial Reform
December 22, 2021.
The defendant in Commonwealth v. Sweeting-Bailey, 488 Mass. 741 (2021), argued that a firearm discovered during a patfrisk should be suppressed, claiming that the traffic stop was a thin pretext…
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First Circuit Protects Civilians’ Right to Record Police in Public, Limits Application of Massachusetts Wiretapping Law
December 15, 2020.
In Project Veritas Action Fund v. Rollins, 982 F.3d 813 (1st Cir. 2020), the First Circuit Court of Appeals upheld the district court’s decision in favor of the plaintiffs, ruling that the Massachusetts wiretapping statute…
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SJC’s Ruling in Long Revises Racial Profiling Burden, But Challenges Remain in Proving Race-Based Policing
September 17, 2020.
In Commonwealth v. Long, 485 Mass. 711 (2020), the Massachusetts Supreme Judicial Court revised the burden of proof for defendants claiming racial profiling in traffic stops. The court ruled that…
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Court’s Use of Zoom for Suppression Hearing Raises Constitutional Concerns in Commonwealth v. Masa
August 10, 2020
In Commonwealth v. Masa, 1981CR0307 (Mass. Super. Ct. 2020), a superior court judge overruled the defendant’s objection to conducting a suppression hearing via Zoom video conference…
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SJC’s Ruling in Commonwealth v. Larose on Marked Lanes Violations Sparks Debate Over Reasonableness and Public Safety
October 10, 2019.
In Commonwealth v. Larose, 483 Mass. 323 (2019), the Massachusetts Supreme Judicial Court ruled that crossing a fog line, even briefly, constitutes a marked lanes violation under…
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Federal Court’s Suppression of Pole Camera Evidence in U.S. v. Moore-Bush Signals Crucial Advancement in Fourth Amendment Protections
June 3, 2019.
In U.S. v. Moore-Bush, 381 F. Supp. 3d 139 (D. Mass. 2019), a federal judge granted a motion to suppress evidence obtained from an eight-month-long…
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SJC’s Ruling in Commonwealth v. Sherman Clarifies the Legal Boundaries of Withdrawn Consent in Sexual Assault Cases
February 13, 2019.
In Commonwealth v. Sherman, 481 Mass. 464 (2019), the Massachusetts Supreme Judicial Court ruled that for initially consensual intercourse to become rape due to withdrawal of consent, the victim must…
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SJC Upholds Constitutional Sanctity of the Home in Commonwealth v. Alexis, Rejects Erosion of Warrant Requirement
December 14, 2018.
In Commonwealth v. Alexis, 481 Mass. 91 (2018), the Massachusetts Supreme Judicial Court affirmed the suppression of evidence obtained during a warrantless entry into the defendant’s home, ruling that…
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Commonwealth v. Raspberry: Affirming the Limits of Warrantless Searches in Cases of Imminent Threats
July 27, 2018.
In Commonwealth v. Raspberry, 93 Mass. App. Ct. 633 (2018), the Massachusetts Appeals Court upheld the denial of a motion to suppress…
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Witness Intimidation
July 18, 2018.
The Supreme Judicial Court issued a new opinion in the case of Commonwealth v. Fragata, which reversed a conviction for witness intimidation. As with any criminal defense case, if you or a loved one is charged or being investigated for a crime, you should contact…
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Gun Crime Defense
May 14, 2018
Read below for some notable updates in Massachusetts Firearm Laws and Cases. As a knowledgeable Lowell Gun Crime Attorney, Ryan Sullivan makes sure that he stays current on the new…
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SJC’s Decision in Commonwealth v. Buckley Upholds Pretextual Traffic Stops, Raising Concerns Over Erosion of Constitutional Protections
February 14, 2018.
In Commonwealth v. Buckley, 478 Mass. 861 (2018), the Massachusetts Supreme Judicial Court upheld the legality of a traffic stop under Article 14 of the Massachusetts Declaration of Rights…
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Massachusetts SJC Reforms Felony-Murder Rule, Emphasizing Intent Over Automatic Life Sentences in Commonwealth v. Brown
September 20, 2017.
In Commonwealth v. Brown, 477 Mass. 805 (2017), the Massachusetts Supreme Judicial Court ruled that the felony-murder rule requires a finding of actual malice, not merely constructive malice, and that felony-murder will…
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Massachusetts Appeals Court’s Decision in Commonwealth v. Fantauzzi Challenges the Application of the Felony-Murder Rule
March 21, 2017.
In Commonwealth v. Fantauzzi, 91 Mass. App. Ct. 194 (2017), the Massachusetts Appeals Court ruled that the trial court erred by not instructing the jury on self-defense in relation to felony-murder…
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Appeals Court Ruling in Commonwealth v. Gomes Reinforces Article 12 Protections for the Right to Remain Silent
March 21, 2017.
In Commonwealth v. Gomes, 91 Mass. App. Ct. 1 (2017), the Massachusetts Appeals Court ruled that a defendant’s post-Miranda invocation of the right to remain silent, even in a non-custodial setting…
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First Circuit’s Ruling in United States v. Bramley Raises Concerns Over Judicial Transparency in Sentencing
January 26, 2017.
In United States v. Bramley, 847 F.3d 1 (1st Cir. 2017), the First Circuit Court of Appeals upheld the district court’s sentencing decision despite off-the-record conversations between the judge…
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Polizzotti Decision Prioritizes Convenience Over Due Process in Eyewitness Identification
December 2016.
In Commonwealthv.Polizzotti, a Superior Court Judge ruled that the use of a single booking photograph for identification by police officers shortly after the incident was justified under the “good reason” standard due…
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SJC’s Ruling in Commonwealth v. Grady Streamlines Objection Preservation but Demands Precision
July 12, 2016.
In Commonwealth v. Grady, 474 Mass. 715 (2016), the Supreme Judicial Court ruled that a defendant’s objection at the motion in limine stage preserves appellate rights, eliminating the need for a renewed objection at…
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Appeals Court in Commonwealth v. Gordon Affirms Emergency Aid Exception in the Context of Domestic Violence
May 5, 2015.
In Commonwealthv. Gordon, 87 Mass. App. Ct. 322 (2015), the Appeals Court ruled that the warrantless entry into the defendant’s apartment was…
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SJC in Commonwealth v. Santiago Declines to Embrace “Target Standing,” Setting a High Bar for Police Misconduct
February 4, 2015.
In Commonwealth v.Santiago, 470 Mass. 574 (2015), Massachusetts Supreme Judicial Court rejected an opportunity to embrace the theory of “target standing.” The target standing theory would have allowed…
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Jose Torres – Supreme Judicial Court
Today the SJC issued an opinion in Commonwealth v. Jose Torres, vacating and remanding a conviction back to the Lowell Superior Court. The defendant was charged with several offenses, but convicted…
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The Police Want to Question Me, What Do I Do?
One of the most common questions that a Lowell criminal defense attorney will receive is what to do when the police want to talk to you? The answer is usually very simple: do not talk to the police…
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I’m Innocent. My Case Beeds to Be Dismissed, Right?
This is an incredibly common belief for those charged with crimes. It is even more common for people without a long record or limited involvement in the criminal justice system. Cases do get dismissed…
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