Articles

Welcome to our Lowell, Massachusetts Criminal Defense Law Blog

On behalf of Erkan & Sullivan, PC

We established this blog to share stories and information about topics relevant to our practice. Our intent is to highlight local stories, as well as national subject matter, that we think you will find interesting. We will regularly update this blog and encourage you to share your thoughts on these posts.

Commonwealth v. Raspberry: Affirming the Limits of Warrantless Searches in Cases of Imminent Threats

July 27, 2018.
In Commonwealth v. Raspberry, 93 Mass. App. Ct. 633 (2018), the Massachusetts Appeals Court upheld the denial of a motion to suppress evidence obtained through warrantless real-time tracking of the defendant’s cell phone location, ruling that the emergency aid exception justified the search given the imminent threat of violence
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Witness Intimidation

July 18, 2018.
The Supreme Judicial Court issued a new opinion in the case of Commonwealth v. Fragata, which reversed a conviction for witness intimidation. As with any criminal defense case, if you or a loved one is charged or being investigated for a crime, you should contact…
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Jose Torres – Supreme Judicial Court

June 1, 2018
Today the SJC issued an opinion in Commonwealth v. Jose Torres, vacating and remanding a conviction back to the Lowell Superior Court. The defendant was charged with several offenses, but convicted…
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Gun Crime Defense

May 14, 2018
Read below for some notable updates in Massachusetts Firearm Laws and Cases. As a knowledgeable Lowell Gun Crime Attorney, Ryan Sullivan makes sure that he stays current on the new…
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SJC’s Decision in Commonwealth v. Buckley Upholds Pretextual Traffic Stops, Raising Concerns Over Erosion of Constitutional Protections

February 14, 2018.
In Commonwealth v. Buckley, 478 Mass. 861 (2018), the Massachusetts Supreme Judicial Court upheld the legality of a traffic stop under Article 14 of the Massachusetts Declaration of Rights, ruling that an observed traffic violation alone is sufficient justification for the stop, regardless of the officer’s underlying motive.
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Massachusetts SJC Reforms Felony-Murder Rule, Emphasizing Intent Over Automatic Life Sentences in Commonwealth v. Brown

September 20, 2017.
In Commonwealth v. Brown, 477 Mass. 805 (2017), the Massachusetts Supreme Judicial Court ruled that the felony-murder rule requires a finding of actual malice, not merely constructive malice, and that felony-murder will…
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Massachusetts Appeals Court’s Decision in Commonwealth v. Fantauzzi Challenges the Application of the Felony-Murder Rule

March 21, 2017.
In Commonwealth v. Fantauzzi, 91 Mass. App. Ct. 194 (2017), the Massachusetts Appeals Court ruled that the trial court erred by not instructing the jury on self-defense in relation to felony-murder, given that the underlying felony (unlawful possession of a firearm) was not inherently dangerous…
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Appeals Court Ruling in Commonwealth v. Gomes Reinforces Article 12 Protections for the Right to Remain Silent

March 21, 2017.
In Commonwealth v. Gomes, 91 Mass. App. Ct. 1 (2017), the Massachusetts Appeals Court ruled that a defendant’s post-Miranda invocation of the right to remain silent, even in a non-custodial setting…
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First Circuit’s Ruling in United States v. Bramley Raises Concerns Over Judicial Transparency in Sentencing

January 26, 2017.
In United States v. Bramley, 847 F.3d 1 (1st Cir. 2017), the First Circuit Court of Appeals upheld the district court’s sentencing decision despite off-the-record conversations between the judge…
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Polizzotti Decision Prioritizes Convenience Over Due Process in Eyewitness Identification

December 2016.
In Commonwealthv.Polizzotti, a Superior Court Judge ruled that the use of a single booking photograph for identification by police officers shortly after the incident was justified under the “good reason” standard…
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SJC’s Ruling in Commonwealth v. Grady Streamlines Objection Preservation but Demands Precision

July 12, 2016.
In Commonwealth v. Grady, 474 Mass. 715 (2016), the Supreme Judicial Court ruled that a defendant’s objection at the motion in limine stage preserves appellate rights, eliminating the need for a renewed objection at…
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Appeals Court in Commonwealth v. Gordon Affirms Emergency Aid Exception in the Context of Domestic Violence

May 5, 2015.
In Commonwealthv. Gordon, 87 Mass. App. Ct. 322 (2015), the Appeals Court ruled that the warrantless entry into the defendant’s apartment was justified under the emergency aid exception, as police had an objectively reasonable belief that a recent domestic…
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SJC in Commonwealth v. Santiago Declines to Embrace “Target Standing,” Setting a High Bar for Police Misconduct

February 4, 2015
In Commonwealth v.Santiago, 470 Mass. 574 (2015), Massachusetts Supreme Judicial Court rejected an opportunity to embrace the theory of “target standing.” The target standing theory would have allowed
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The Police Want to Question Me, What Do I Do?

One of the most common questions that a Lowell criminal defense attorney will receive is what to do when the police want to talk to you? The answer is usually very simple: do not talk to the police…
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I’m Innocent. My Case Needs to Be Dismissed, Right?

This is an incredibly common belief for those charged with crimes. It is even more common for people without a long record or limited involvement in the criminal justice system. Cases do get dismissed…
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