Charges dismissed prior to resolution of appeal
August 8, 2019, Salem District Court case no. 1936CR001242, charging license fraud (2 counts), identity fraud, false information upon arrest. At arraignment, court orders defendant detained until he submits his passport to court to verify his true identity. We appeal the detention order to the Supreme Judicial Court, contending that the bail condition violates our client's privilege against self-incrimination. During the pendency of the appeal, we appear for trial. Government concedes it lacks sufficient evidence to prosecute. Case dismissed. In light of dismissal, on 1/6/20, the SJC dismisses appeal as moot. SJC case no. SJC-12770.
Practice area(s): Appeals, Criminal Defense, Constitutional Law
Court: Massachusetts Supreme Judicial Court