John E. DeVito Law Blog

Sexual violence in its many forms is devastating to those who suffer it, and those accused of it. Sadly, according to the Massachusetts Sexual Violence Plan for years 2009 through 2016, three out of four rapes or sexual assaults involve offenders with a prior relationship to the victim.

Like other forms of abuse, rape involves power and control, rather than love or attraction gone awry. Any rape in Massachusetts involves having sexual or unnatural... Read More

If you are charged with a criminal offense, there may be repercussions even if the case is dismissed or you are found not guilty. Simply having a criminal record can create a barrier to employment, education, and civic opportunities. Having your record sealed can protect against these potential challenges and any embarrassment the record may cause.

In Massachusetts, there are three ways to seal a criminal record:

Waiting period: Felony offenses may be sealed... Read More

The Massachusetts Supreme Judicial Court recently examined legislation which decriminalized less than one ounce of marijuana and how it impacts on certain aspects of search and seizure jurisprudence. In the case of Commonwealth v. Benjamin Cruz, S JC – 10738 (April 19, 2011) the Supreme Judicial Court determined that a faint odor of marijuana was not sufficient to justify the search of a motor vehicle.  In that case Benjamin Cruz was charged with Read More

Massachusetts General Laws states that “…a firearm, rifle or shotgun be secured in a locked container or equipped with a tamper resistant mechanical lock or other safety device properly engaged to render it inoperable by any person other than the owner, if it is not being carried or under the control of the owner….

            This past year this statute has become the... Read More

With the passage of Melanie's Law (the new drunk driving statute in Massachusetts) license suspensions have been dramatically increased. The Massachusetts Registry of Motor Vehicles (RMV) has been interpreting the law in a fashion to restrict license suspensions beyond what Melanie's law intended.  In the case of DiGregorio v. Registry of Motor Vehicles (2011) the Massachusetts Registry of Motor... Read More