Articles Posted in Massachusetts Criminal Decisions

Forensic Drug Evidence in Massachusetts: Substitute Analysts and Confrontation
Attorney Joe Serpa

In Commonwealth v. Gordon (2025), applying Smith v. Arizona, the Supreme Judicial Court held that a substitute analyst may not testify to an opinion that depends on the truth of an absent analyst\u2019s testimonial statements. Here is what that means for forensic proof in drug cases.

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Massachusetts Gun Licensing After Bruen: Nonresidents and Travelers
Attorney Joe Serpa

Bruen did not end Massachusetts firearm licensing. In 2025 the Supreme Judicial Court upheld the current resident and nonresident licensing schemes and confirmed that unlicensed carrying remains a crime. Here is what visitors, travelers, and new residents need to know.

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Commonwealth v. Grimaldi: The SJC Allows Checkpoint Bodycam Recordings of Field Sobriety Tests
Attorney Joe Serpa

By Attorney Joe Serpa | Georgetown University Law Center | Massachusetts Criminal Defense Since 1995 On June 2, 2026, the Supreme Judicial Court decided Commonwealth v. Grimaldi, SJC-13842, and answered a question that Massachusetts sobriety checkpoint cases have raised since troopers began wearing body cameras: can the Commonwealth use bodycam recordings of a driver’s field…

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Commonwealth v. Watson: Postconviction Digital Forensic Analysis of Cell Phones Under G. L. c. 278A
Attorney Joe Serpa

By Attorney Joe Serpa | Georgetown University Law Center | Massachusetts Criminal Defense Since 1995 On July 9, 2026, the Supreme Judicial Court decided Commonwealth v. Watson, SJC-13850 (July 9, 2026), and held that G. L. c. 278A, the postconviction forensic and scientific analysis statute, permits digital forensic analysis of cell phones. The Commonwealth had…

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Commonwealth v. Arias: The SJC’s New Limit on Delayed Traffic Stops
Attorney Joe Serpa

By Attorney Joe Serpa | Georgetown University Law Center | Massachusetts Criminal Defense Since 1995 On April 15, 2026, the Supreme Judicial Court decided Commonwealth v. Arias, SJC-13816, and gave Massachusetts a rule it did not have before: when police stop a car for a traffic violation they observed earlier, the elapsed time between the…

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Gravito v. Commonwealth: Defendants May Obtain Their Own Sealed Acquittal Records
Attorney Joe Serpa

Attorney Joe Serpa is a Georgetown University Law Center graduate who has practiced Massachusetts criminal defense since 1995. On November 25, 2025, the Massachusetts Supreme Judicial Court held in Gravito v. Commonwealth, No. SJC-13705 (Mass. Nov. 25, 2025), that M.G.L. c. 276, § 100C permits a defendant and appellate counsel to obtain the defendant’s own…

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The SJC’s Chhieng Decision: A Defective Immigration Warning Can Reopen an Old Massachusetts Case
Attorney Joe Serpa

By Attorney Joe Serpa | Georgetown University Law Center | Massachusetts Criminal Defense Since 1995 On May 7, 2026, the Supreme Judicial Court decided Commonwealth v. Chhieng, and it matters to every noncitizen who ever resolved a Massachusetts criminal case with a plea or an admission. The court held that the immigration warning many District…

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Massachusetts Firearms Deadlines in October 2026: Serialization, Registration, and How to Avoid a Criminal Charge
Attorney Joe Serpa

By Attorney Joe Serpa | Georgetown University Law Center | Massachusetts Criminal Defense Since 1995 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, the regulation implementing M.G.L. c. 140, § 121C, every firearm, frame, or receiver…

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Greater Boston Criminal Law Alerts

The Lindsay Clancy Trial: A Cruel and Tone Deaf Prosecution

Lindsay Clancy, a labor and delivery nurse from Duxbury, was tried in Plymouth Superior Court in 2026 on three counts of murder in the first degree for the January 2023 deaths of her children, Cora, age five, Dawson, age three, and Callan, age eight months. She did not dispute that she caused their deaths. Her…

Withdrawing a Guilty Plea After Later-Discovered Police Misconduct

Police misconduct sometimes comes to light years after a defendant has pleaded guilty. When that happens, the defendant may ask the court to withdraw the plea. Success depends on connecting the misconduct to that specific case, not merely showing that it occurred somewhere in the investigation. On August 31, 2026, the Supreme Judicial Court applied…

The Lindsay Clancy Jury Dispute: When Massachusetts Law Permits Removal of a Deliberating Juror

Massachusetts law does not permit a trial judge to remove a deliberating juror merely because the other eleven jurors believe that person is wrong. Once deliberations begin, the judge may discharge a juror only after a hearing establishes an emergency, another compelling reason, or a demonstrated inability to perform the duties of a juror. Disagreement…