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SJC Relaxes Standard To Seal Criminal Record

Posted on August 17, 2014 in
The Massachusetts Legislature amended the law in 2010 regarding the rights of former defendants who wanted to seal their criminal records.  On Friday, the Supreme Judicial Court issued a very important ruling clarifying the standard defendants must meet to have their criminal records sealed.  Click on Commonwealth v. Pon to read the opinion. (more…)
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Post-Arrest Silence Can Be Used Against California Defendants

Posted on August 16, 2014 in
In a horrible decision delivered on Thursday, the California Supreme Court ruled 4-3 that a criminal defendant’s silence after he is arrested, but before he receives his Miranda warnings, can be used against him at his trial.  Click People v. Richard Tom to read the opinion. (more…)
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SJC: Drug Detective’s Suspicions Did Not Justify Search

Appellate courts in Massachusetts constantly grapple with the question of how much circumstantial evidence against an alleged drug dealer is enough to justify a search.  The Supreme Judicial Court’s latest ruling arrived last week in Commonwealth v. Paul Stewart (SJC-11475, decided August 7, 2014). (more…)
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The Government Can Seize Your DNA – Even if You Are Not a Defendant

Posted on August 2, 2014 in
It has long been established that the government can seize personal information from criminal defendants, from fingerprints to items (such as hair, saliva, or blood) to obtain a DNA profile.  But what happens when the government wants to obtain a DNA profile from a third party? (more…)
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Former Massachusetts Probation Commissioner Convicted of Racketeering

Posted on July 24, 2014 in
Former Massachusetts Probation Commissioner John O’Brien was convicted today in federal court of racketeering, mail fraud, and conspiracy for his involvement in a scheme in which politically-connected job applicants were given preferential hiring treatment over other candidates.  O’Brien was the probation commissioner from 1998 until his resignation in 2010.  Federal prosecutors alleged that O’Brien...
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