The Brief
What You Need to Know. No More, No Less.
What Is Discovery in a Criminal Case in Massachusetts?
Discovery is the formal process of getting the evidence against you. Here’s how it works in Massachusetts criminal cases—and why it’s critical.
In every Massachusetts criminal case, the defense has the right to receive discovery—copies of the evidence the prosecution plans to use.
This can include:
- Police reports
- Surveillance video
- 911 calls
- Witness statements
- Forensic results like fingerprints or DNA
Discovery is governed by Rule 14 of the Massachusetts Rules of Criminal Procedure. In most cases, the Commonwealth must turn over basic materials within a set timeline after arraignment. But not everything is automatic—sometimes you have to file a motion to get specific items.
I often see discovery come in late, incomplete, or missing key records. That’s why I push aggressively for full disclosure. If the government delays or fails to provide evidence, we can file a motion to compel—and in some cases, exclude the evidence altogether.
Understanding what’s in discovery (and what’s not) can make or break a defense. I don’t just wait for the file—I go after what matters.
What Is a No Trespass Order in Massachusetts?
A no trespass order doesn’t come from a court—but violating it can still lead to criminal charges. Here’s what it means in Massachusetts.
A no trespass order is a written notice that tells someone they’re no longer allowed on a particular piece of private property. In Massachusetts, these are most commonly issued by businesses, landlords, or homeowners and they don’t require a court order to be valid.
Police often serve these notices, but they’re not criminal charges themselves. That said, if you ignore the order and return to the property, you can be charged with trespassing under G.L. c. 266, § 120. The penalties include a fine or even jail time, especially if it’s part of a larger dispute.
No trespass orders are frequently used in shoplifting or disturbance cases. I’ve seen clients issued one after being accused of minor conduct in a store or an apartment complex. Even if no charges are filed at the time, the order stays in place and violating it later can lead to a court date.
It’s important to take these notices seriously. If you’ve been given one and you think it was unfair, or if you're now facing charges for allegedly violating it, I can help you understand your options and defend your case.
Can the Police Search Your Car Without a Warrant in Massachusetts?
Warrantless car searches are allowed in some cases. Learn your rights if police search your vehicle in Massachusetts.
In Massachusetts, police don’t always need a warrant to search your car. But that doesn’t mean they can search it for no reason.
Warrantless car searches are allowed under several exceptions:
- If the officer has probable cause to believe there’s evidence of a crime
- If you give consent
- If the item is in plain view
- If the car is being towed or impounded
The most common justification is probable cause—like if the officer smells marijuana, sees a weapon, or gets conflicting statements. But officers sometimes stretch the truth or claim consent when none was given.
If your rights were violated during a search, I can file a motion to suppress the evidence. I’ve won cases where drugs, weapons, or other items were thrown out because the search was illegal.
You don’t have to let police search your car—and saying “no” doesn’t mean you’re guilty. If your car was searched and charges followed, let’s talk.
What Is the Difference Between Sealing and Expunging a Record in Massachusetts?
Sealing and expungement aren’t the same. Learn how each works in Massachusetts—and which one might clear your record.
If you have a criminal record in Massachusetts, you may have heard about sealing or expungement. They sound similar—but they’re not the same.
Sealing means your record still exists, but it’s hidden from most employers, landlords, and the general public. Law enforcement and certain government agencies can still access it. Sealing is available in more cases and is often quicker to obtain.
Expungement means the record is completely erased—as if it never happened. But it’s only available in limited circumstances, like identity theft, clerical errors, or certain juvenile cases.
Both options require a petition, and some cases may involve a court hearing. I help clients evaluate which path is available and makes the most sense based on their record, goals, and eligibility.
If your past is holding you back, there may be a legal way to move on from it. I can help you figure it out.
Can You Travel While on Probation in Massachusetts?
If you’re on probation in Massachusetts, travel can be restricted. Learn when you need permission and how to stay in compliance.
Whether you can travel while on probation in Massachusetts depends on the terms of your probation—and how far you’re going.
Most probation conditions require you to stay in Massachusetts unless you get permission. Even travel to nearby states like New Hampshire or Rhode Island could be a violation if your probation officer or the court didn’t approve it.
In some cases, especially with unsupervised probation or minor charges, judges may allow travel without prior approval. But if your case involves conditions like GPS monitoring, substance testing, or mandatory check-ins, travel is usually off-limits without a signed court order.
Violating travel restrictions—even unintentionally—can lead to a surrender hearing and possible jail time. I’ve had clients flagged just for flying out of state for a funeral or driving over the border without thinking.
If you’re planning a trip and you’re on probation, talk to a lawyer first. I’ve helped clients get court-approved travel—even for international trips—and avoid unnecessary violations.