Attorney Joe Serpa has defended criminal cases in the Massachusetts District Courts and Boston Municipal Court since 1995. These posts cover Massachusetts criminal law as it is practiced. Mr. Serpa explains statutes, case law, court-by-court procedure, and how charges are defended and resolved. These pages are written for defendants, licensed professionals, students, tradespeople, and non-citizens who need to understand what a Massachusetts criminal charge means and what the defense options are.
The Massachusetts Appeals Court has vacated a domestic violence conviction because of the prosecutor’s closing argument. In Commonwealth v. Pena, No. 24-P-0970 (Mass. App. Ct. July 24, 2026), the court set aside a Boston Municipal Court jury verdict for assault and battery on a family or household member, holding that a closing argument that vouched…
Continue reading ›The Massachusetts Appeals Court has reversed the denial of a motion to suppress in a District Court drug case, holding that a detective unlawfully prolonged a traffic stop after the justification for the stop had run out. In Commonwealth v. Steward, No. 25-P-0015 (Mass. App. Ct. July 23, 2026), the court ordered the suppression of…
Continue reading ›The Massachusetts Appeals Court has issued an early decision on a 209A restraining order (abuse prevention order) based on coercive control. The Appeals Court applied the coercive control definition that the Legislature added to the abuse prevention statute in 2024. In V.B. v. B.W.R.T., No. 25-P-1086 (Mass. App. Ct. July 24, 2026), the court vacated…
Continue reading ›By Attorney Joe Serpa | Georgetown University Law Center | Massachusetts Criminal Defense Since 1995 This post explains which record systems hold a Massachusetts restraining order, meaning a 209A abuse prevention order or a 258E harassment prevention order. The post also explains who can see the records in each system. Removing an order from the…
Continue reading ›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.
Continue reading ›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.
Continue reading ›Massachusetts defines operating a motor vehicle broadly. Commonwealth v. Wurtzberger (2025) holds that turning the key to power the radio, with the engine off, can prove operation for an OUI. Here is how the operation element works and how the defense meets it.
Continue reading ›A business owner from New Jersey came to this office with two problems at the same time: an outstanding Massachusetts warrant and a pending charge of operating under the influence. He lived and worked out of state, and he risked arrest on any return to Massachusetts while the warrant remained open. The office moved to…
Continue reading ›By Attorney Joe Serpa | Georgetown University Law Center | Massachusetts Criminal Defense Since 1995 Criminal defense in the BMC Dorchester Division The Dorchester Division of the Boston Municipal Court sits at 510 Washington Street and hears cases from most of Dorchester, the largest and most densely populated neighborhood in the city. Its clerk’s office…
Continue reading ›By Attorney Joe Serpa | Georgetown University Law Center | Massachusetts Criminal Defense Since 1995 The question arrives weekly in this office: the case is over, I won, so when does the record disappear? For a Massachusetts case there is a real answer, with statutes and waiting periods and a petition to file. For a…
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