In a Cape Cod criminal case, the Commonwealth has the burden of proving the defendant guilty beyond a reasonable doubt. If police acted illegally during the arrest or investigation of the case, it may be possible to have certain evidence excluded at trial.
Even if a defendant is convicted, a case may be reviewed on appeal. It is not unheard of for an appellate court to disagree with a trial court as to whether the evidence introduced at trial was sufficient to support the defendant’s conviction.
Facts of the Case
In a case recently reviewed by the Massachusetts Appeals Court, a criminal defendant was convicted of several crimes involving the unlawful possession of a firearm. He sought reversal of his conviction on appeal, arguing, among other things, that police had violated the Fourth Amendment by conducting an illegal search and seizure and that there was insufficient evidence to support certain aspects of his conviction.