Articles Posted in Trial Practice and Evidence

Pleading the Fifth Outside the Criminal Courtroom: Where Silence Protects You and Where It Costs You
Serpa Law Office

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense You are arrested on a Saturday night after an argument at home. You are arraigned Monday morning, and your lawyer gives you the advice every defense lawyer gives. Do not talk about the case. Not to police, not to the…

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The Massachusetts Dangerousness Hearing Under M.G.L. c. 276, § 58A: What It Is, How It Works, and What Defense Counsel Must Do
Serpa Law Office

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense A dangerousness hearing under M.G.L. c. 276, § 58A is one of the most consequential proceedings in Massachusetts criminal law. A judge can order a defendant held in custody without bail for as long as 120 days in the district…

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How Massachusetts Drug Cases Are Won: Suppression, Melendez-Diaz, and the Limits of the Commonwealth’s Evidence
Serpa Law Office

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense Updated July 2026 The drug cases I am proudest of never reached a jury. They ended earlier, at a clerk-magistrate hearing, on a motion to suppress, or in a disposition that avoided a conviction altogether. That is not luck. In…

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What to Do in the First 24 Hours After an Arrest in Massachusetts
Serpa Law Office

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense June 2026 An arrest in Massachusetts sets off a sequence of procedural events that moves faster than most people expect. Under Massachusetts law, a person taken into custody must be brought before a court for arraignment at the court’s next…

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Greater Boston Criminal Law Alerts

A Practitioner’s Guide to Correcting a Massachusetts Criminal Sentence: Rule 29, Rule 30(a), and the Limits of Finality

A Massachusetts criminal sentence is not as final as it looks on the day it is imposed, and not as open to revision as clients hope. Three instruments govern what can change afterward: Mass. R. Crim. P. 29, which permits revision or revocation of a disposition within a sixty-day limit; Mass. R. Crim. P. 30(a),…

A Practitioner’s Guide to Sentencing in the Massachusetts District Court and Boston Municipal Court

Most criminal cases in Massachusetts are resolved in the District Court and the Boston Municipal Court, and most of them end at a disposition rather than a verdict. The hearing is often short, the session is busy, and choices with years of consequences are made in minutes. This guide is written for defense lawyers. It…

The Hardship License After a Massachusetts OUI

A Massachusetts OUI suspension rarely has to mean the loss of a job. The statutes allow a hardship license, limited to an identical 12 hour period each day, for most drivers who resolve their cases, and the timing depends entirely on how the suspension arose. This page sets out the rules the statutes fix and…