Articles Posted in Massachusetts Criminal Law Updates | Serpa Law Office

By Attorney Joseph Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense June 2026 When Massachusetts law enforcement seizes a digital device and demands the passcode, many defendants comply — out of panic, a desire to appear cooperative, or a mistaken belief that refusing will make them appear guilty. Under both the…

By Attorney Joe Serpa | Georgetown University Law Center, J.D. | 30 Years Massachusetts Criminal Defense June 2026 A Massachusetts search warrant for a digital device — a smartphone, laptop, tablet, or cloud storage account — is not a general license to search a defendant’s entire digital life. Under the Fourth Amendment to the United…

By Attorney Joseph Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense Under M.G.L. c. 209A, § 7 and M.G.L. c. 258E, § 9, a violation of a civil protective order becomes a criminal offense only if the Commonwealth proves four distinct elements beyond a reasonable doubt. Not all conduct that violates a provision of the order constitutes a…

Smart defense for Greater Boston drivers facing Negligent Operation, Unlicensed Operation, Leaving the Scene, OUI and other criminal motor vehicle charges.

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense A clerk-magistrate hearing is a unique opportunity in Massachusetts criminal procedure. A person can defeat a charge before it ever becomes public. Under M.G.L. c. 218, § 35A, when the police accuse someone of a misdemeanor but do not arrest…

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense Most student fake ID cases in Boston do not begin with an arrest. They begin when a bouncer slides the card into a drawer, the student walks home annoyed about losing forty dollars, and a summons arrives at the student’s…

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense A breathalyzer result at or above .08 establishes a per se violation of M.G.L. c. 90, § 24. It does not establish guilt beyond a reasonable doubt. Massachusetts courts treat breath test evidence as scientific testimony subject to foundational challenge,…

By Attorney Joseph Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense A “Notice to Appear for Clerk-Magistrate’s Hearing” arrives in the mail without warning. There has been no arrest, no booking, no public record — but the police are formally attempting to charge you with a crime. Understanding what this notice…

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense Artificial intelligence has entered Massachusetts criminal courtrooms from two directions at once. Digital evidence offered against a defendant, a screenshot, a voice recording, a video, can now be fabricated with consumer software, which puts authenticity in play in cases where…

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense Massachusetts firearms owners face two separate compliance deadlines in October 2026, and much of the confusion in circulation comes from running them together. Under 501 CMR 20.00, implementing M.G.L. c. 140, § 121C, every firearm, frame, or receiver that lacks…