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Articles Posted in Trial Strategy and Evidence Notes

How Massachusetts Drug Cases Are Defended: Suppression and Trial Evidence
Attorney Joe Serpa

Updated August 2026 A Massachusetts drug case may be resolved through a suppression motion, a failure of proof, an authorized diversion or nonconviction disposition, or a trial. These are different legal routes. Evidence can be excluded because police obtained it unlawfully, but admissible evidence may also be insufficient to prove possession, intent to distribute, the…

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Fighting an OUI in Massachusetts: How Cases Are Won at Trial
Attorney Joe Serpa

By Attorney Joe Serpa | Georgetown University Law Center | Massachusetts Criminal Defense Since 1995 I maintain a record of not guilty verdicts in OUI jury trials in the Massachusetts District Courts and Boston Municipal Court. I built that record since 1995 in courtrooms across Eastern Massachusetts. In this post I explain how Massachusetts OUI…

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What to Do in the First 24 Hours After an Arrest in Massachusetts
Attorney Joe Serpa

By Attorney Joe Serpa | Georgetown University Law Center | Massachusetts Criminal Defense Since 1995 An arrest in Massachusetts begins a fast sequence of police and court proceedings. Police first complete booking and must have an on-call court clerk make the initial bail determination. At the court's next session, arraignment occurs and a judge considers…

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Greater Boston Criminal Law Alerts

The Supreme Judicial Court Takes Up Massachusetts’ Firearm Suitability Standard in Pratt v. Westbrook

By Attorney Joe Serpa | Georgetown University Law Center September 23, 2026 The Holyoke police chief denied Randy Westbrook a license to carry a firearm, pointing to charges filed more than a decade earlier that never led to a conviction. Westbrook asked a court to overturn the denial. The Supreme Judicial Court has now agreed…

The Clancy Mistrial and the Juror Questionnaire

On September 4, 2026, a Plymouth County jury could not agree in the murder trial of Lindsay Clancy, and the judge declared a mistrial. In the two weeks since, reporting has turned to the lone holdout and to what he did or did not disclose before he was seated. A judge impounded the jury list…

Automatic License Plate Readers and Flock Cameras in Massachusetts Criminal Cases

How prosecutors use automatic license plate reader data, what Commonwealth v. McCarthy requires, and how the defense challenges the search and the accuracy of the reads.

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