The Psychology of Persuasion Lecture by Dyke Huish was one of the best lectures I have heard for criminal defense lawyers wanting to improve their trial skills. Having extra office time, I have made it a goal to listen to all the recording of seminars that I have purchased over…
Massachusetts Criminal Defense Lawyer Blog
When is a Pat Frisk and Exit order justified in a Massachusetts Gun Possession charge without an FID card?
Gun crimes in Massachusetts often involve issues of whether there was a Constitutional basis for police action. Here are some common legal issues: Was there Reasonable suspicion to stop your car; if there was reasonable suspicion, was there a basis to order you from the car; if there was a…
Confidential Informants and Searches in Massachusetts Drug Distribution and Trafficking cases
Those facing a Massachusetts Drug Distribution or Trafficking charge often contest the Constitutional basis of the search and seizure as part of the defense to the case. This was the case in Commonwealth v. Costa, which began as a drug distribution case out of the New Bedford District Court and…
The Massachusetts Appeals Court addresses the issue of reasonable suspicion when police observe a quick hand-to-hand transaction
As a Massachusetts Criminal Defense Lawyer, often the most promising defense in a case of drug distribution or a gun possession charge, is an attack on the Constitutional basis for the stop. In many cases, police came that a quick transaction was an illegal drug sale and use that as…
Massachusetts Possession of Child Pornography case before SJC to turn on whether Warrant is Stale
The Massachusetts Supreme Judicial Court heard oral argument in a case that addresses the issue of when a warrant is stale in the case of an alleged seizure of child pornography from a defendant’s computer. The case of Commonwealth v. Robert Guastucci, argued on March 5, 2020 raised this issue…
Massachusetts SJC to decide OUI blood test on the issue of whether consent is required for a blood test in the case of Commonwealth v. Bohigan
The Massachusetts Supreme Judicial Court heard oral arguments in the case of Commonwealth v. Bohigian on February 10, 2020, dealing with the issue of the admissibility of a blood test in a OUI case involving Serious Bodily injury. The case arose out of the Westboro District Court. What is Serious…
Massachusetts SJC to address Flight from the police by a young black male and when a Seizure occurs under the State Constitution
The Massachusetts Supreme Court will address the issue of when a seizure occurred in the case of Commonwealth v. Evelyn. The Evelyn case is SJC-12808 and was argued on January 7, 2020. This case involved a young black man running from the police while the police were investigating a shooting…
Massachusetts SJC to address racial disparity in motor vehicle stops by the Boston police in Commonwealth v. Edward Long
The Massachusetts Supreme Judicial Court heard oral arguments on March 3rd in the case of Commonwealth v. Edward Long, SJC-12868, that deal with the issue of disparity treatment and discriminatory enforcement of traffic laws by the Boston police. In this case, the defense lawyer presented a compelling statistical case that…
Newly Appointed U.S. Supreme Court judges hear major abortion case that could alter the Constitutional right of privacy
Yesterday, the Supreme Court heard oral arguments in a major abortion case. This is the first time since Justices Neil Gorsuch and Brett Kavanaugh joined the Bench, creating a strong conservative majority, that abortion will be addressed by the Court. That case, June Medical Services v. Russo addresses whether the…
Inaccurate Breath test results in Massachusetts could allow prior OUI pleas to be vacated resulting in the removal of an OUI conviction
Massachusetts District Attorneys will be mailing out notices to those individuals who took a plea on OUI cases involving breath tests that there were potential inaccuracies with the test results. As a result of the litigation in Commonwealth v. Ananias, many of out clients went to trial on OUI cases…