Massachusetts Criminal Law Library for Lawyers

This library collects the pages of serpalaw.com written at practitioner depth, for defense lawyers, referring counsel, students of the system, and anyone who needs Massachusetts criminal law stated with its authorities. Every legal claim on these pages is verified against a primary source before publication. Massachusetts cases are cited to the official reporter.

Attorney Joe Serpa has tried criminal cases in the District Courts and the Boston Municipal Court since 1995. Attorney Serpa maintains these pages as working references. A monthly roundup of Supreme Judicial Court and Appeals Court criminal decisions begins with the July 2026 edition in the Boston criminal law updates. The firm’s case notes on new decisions are collected in the Massachusetts Criminal Decisions archive.

Clerk-Magistrate Practice

Attorney Serpa addresses representation, G.L. c. 218, § 35A, the probable cause standard, and hearing preparation on the Massachusetts Clerk-Magistrate Hearing Lawyer page. Readers can find direct answers in the Massachusetts Clerk-Magistrate Hearing FAQs and the immediate steps after receiving notice in What to Do With a Massachusetts Show Cause Notice.

OUI and the Breath Test

The Massachusetts OUI defense page states the elements, the penalties by offense, the refusal rules, and the cases with their holdings. The firm explains its trial method in How Massachusetts OUI Cases Are Won at Trial and in Cross-Examining the Field Sobriety Opinion. The firm covers the science on the breath test and blood alcohol science page.

Evidence and Confrontation

The firm addresses the recurring evidence questions of a District Court practice in pages on the wiretap statute and secret recordings, digital searches of phones and computers, and excited utterances and the recanting accuser. The confrontation problem of the substitute analyst is treated in a dedicated case note.

Trial Practice

Attorney Serpa’s approach to cross-examination is described with examples from tried cases. Companion articles cover how Massachusetts drug cases are won at trial and the dangerousness hearing under G. L. c. 276, § 58A.

A set of practitioner’s guides covers the trial itself. Jury selection is treated from empanelment mechanics and attorney-conducted voir dire through Soares and Sanchez objections, with a section on individual voir dire in sexual offense and child abuse cases. Another guide covers opening statements and closing arguments, from the fair expectation standard through the Kozec limits and preservation practice. Trial motion practice, from motions in limine and the objection decision through the required finding under Latimore and Rule 25(b)(2) relief, has its own guide.

Two companion guides address pretrial litigation. The guide on the motion to suppress in motor vehicle stop cases covers the stop, the exit order, the patfrisk, Rule 13 procedure, and the fruits doctrine. The guide on bail and the section 58A dangerousness hearing covers personal recognizance, the Brangan findings, the predicate offenses, and the detention period limits.

Sentencing and Post-Disposition Practice

Two practitioner’s guides cover the sentencing side of the practice. Sentencing in the District Court and Boston Municipal Court treats the sentencing power of those courts, the available dispositions and the revocation exposure of each, credit for time served, the limits on probation conditions, restitution, and the statutory assessments. Correcting a Massachusetts criminal sentence treats Rule 29 and its sixty-day periods, Rule 30(a) and the illegal sentence, and the double jeopardy finality decisions through 2026.

Records, Sealing, and Expungement

The sealing and expungement standards page states the governing law, and the criminal dismissal rules page states when a judge may dismiss over objection. The record consequences of a domestic violence case are covered on the domestic violence records page. The treatment of vacated protective orders is covered in State and Federal Records of Massachusetts 209A and 258E Protective Orders.

Two practitioner’s guides complete this section. The guide on the continuance without a finding and its collateral consequences covers the section 18 mechanics, violation, CORI treatment, and the immigration, commercial license, and licensing board definitions of conviction. The guide on sealing and expungement covers the Pon good cause standard, the section 100A waiting periods, and expungement under sections 100E to 100U.

Referring counsel may reach Attorney Serpa at 617.936.0201.

Last Reviewed: July 2026