The Brief
What You Need to Know. No More, No Less.
What Is a Motion to Suppress in Massachusetts?
Motions to suppress are a key part of criminal defense. Learn how they work and when they can make or break a case in Massachusetts.
A motion to suppress asks the judge to exclude certain evidence from trial because it was obtained illegally—usually by violating your constitutional rights.
Common reasons to file a motion to suppress include:
- A search without a warrant or valid exception
- An arrest made without probable cause
- A confession obtained without Miranda warnings
- Evidence obtained after an unlawful stop or seizure
In Massachusetts, suppression hearings often determine the outcome of the case. If crucial evidence like drugs, firearms, or statements are excluded, the prosecution may have no case left.
I regularly file motions to suppress when there’s even a hint that my client’s rights were violated. These motions require legal skill, case law support, and thorough cross-examination of police officers.
If your case involves any search, seizure, or confession, contact a defense lawyer immediately. The evidence might be weaker than it looks.
How to Expunge a Criminal Record in Massachusetts
Massachusetts offers expungement for certain wrongful or outdated criminal records. Learn who qualifies and how it works.
Unlike sealing, expungement wipes the record out completely—as if it never existed.
Massachusetts allows expungement in limited cases:
- If the record was created due to identity theft or fraud.
- If the offense is eligible under the one-time youthful offender statute.
- If the record resulted from police or court error.
Expungement is hard to get, but powerful if granted. It requires filing a petition, supplying documentation, and often appearing for a hearing.
How to Seal a Criminal Record in Massachusetts
Massachusetts allows certain criminal records to be sealed. Learn who qualifies, how to file, and what sealing can (and can’t) do for you.
A criminal record can hurt your chances with jobs, housing, and education. But in Massachusetts, many records can be sealed—meaning they won’t show up on most background checks.
You may qualify to seal your record if:
- Enough time has passed since your conviction or case closure.
- Your case ended in dismissal, nolle prosequi, or not guilty.
- You can show “good cause” for sealing a non-conviction case early.
Sealing requires filing a petition and, in some cases, attending a hearing. Once sealed, your record becomes hidden from the public (but not from law enforcement).
Do the Police Need a Warrant in Massachusetts?
Warrants are the rule—but there are exceptions. Here’s how courts decide whether a search without a warrant was legal.
Most of the time, yes. But there are exceptions.
Police generally need a warrant to search your home, car, or belongings. That warrant must be based on probable cause and approved by a neutral judge. But there are circumstances where searches without a warrant are allowed:
- You gave consent.
- The evidence was in plain view.
- There was an emergency or danger to life.
- You were arrested, and the search was “incident to arrest.”
Still, courts scrutinize these exceptions. If police violated your rights, your lawyer can file a motion to suppress, which may exclude the evidence from trial.
What Counts as an Illegal Search in Massachusetts?
Not every police search is legal. Here’s what the Fourth Amendment requires—and how courts decide whether to suppress the evidence.
The Fourth Amendment protects against unreasonable searches and seizures. But what does that mean in real life?
In Massachusetts, a search is illegal if:
- It’s done without a warrant or valid exception.
- It exceeds the scope of what the warrant allows.
- It’s based on evidence obtained illegally (a “fruit of the poisonous tree”).
Common exceptions to the warrant requirement include consent, plain view, search incident to arrest, and exigent circumstances. But even those are limited. Police often overstep, and courts frequently suppress evidence when they do.
If you believe you were searched illegally, the evidence found might not be admissible in court. That can change the outcome of your entire case. I regularly file motions to suppress and challenge the legality of police searches.