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Massachusetts Criminal Defense Lawyer Blog

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Massachusetts SJC finds in Commonwealth v. Hardy that failure to properly strap child into car seat does not constitute involuntary manslaughter

The Massachusetts Supreme Judicial Court ruled in the case of Commonwealth v. Hardy that failure to strap a child in properly to a car seat appropriate to the child’s age did not constitute involuntary manslaughter or reckless endangerment of a child, reversing the defendant’s conviction on those counts.  One of the…

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Massachusetts Appeals Court Rules that a Negligent Operation Conviction Requires More Evidence than Simply Operating Under the Influence of Alcohol with a Broken Headlight

Massachusetts Appeals Court address what level of evidence is needed to convict for negligent operation.  In Commonwealth v. Zagwyn, the Appeals Court clarified the law related to evidence of negligent operation of a motor vehicle and OUI in Massachusetts. The central issue addressed by Zagwgnwas whether the Commonwealth meets its…

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Massachusetts SJC to address opinion testimony at OUI trial and whether there was enough evidence to conduct on negligent operation

The SJC recently heard oral arguments in the case of Commonwealth v. Zagwyn, and is considering the two main issues of improper opinion testimony by the officer as well as a conviction on a negligent operation charge. For the guilty finding on the negligent operation, counsel highlighted that the defendant…

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Federal Indictment against Massachusetts District Court Judge Shelley Joseph should be dismissed as an abuse of prosecutorial power and attempt to interfere with a State Judiciary proceeding

District attorneys and public defenders filed a lawsuit Monday April 29, 2019 to prohibit Immigration and Customs Enforcement (ICE) agents from entering into state courthouses to enforce detainers. What’s an ICE Detainer? The United States Department of Homeland Security allows ICE the ability to issue a detainer, which is an…

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Why hire DelSignore Law and what makes us the best option to defend your Massachusetts OUI case

In 2005, I started DelSignore Law as a criminal defense firm handling all types of criminal charges.  While we handle every type of criminal charge, we soon got recognized around Massachusetts for handling DUI cases. It was a great honor to quickly be recognized as one of the top firms…

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Unites States Supreme Court Review sought in Rap Music case to clarify meaning of true threats under the 1st Amendment

Last August, the Pennsylvania Supreme Court upheld the conviction of Jamal Knox, a rap artist, for multiple charges stemming from what the trial court found were terroristic threats based on the contents of his rap song “F**ck the Police.”  Knox petitions for Supreme Court review and if granted, the Court could not only clarify…

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Which Massachusetts Police Departments have Video of OUI arrests?

Video of an individual taking the field sobriety tests in a Massachusetts OUI arrests rarely exists as most Massachusetts police departments do not have cruiser video.  This is surprising to most people that meet with me to discuss an OUI charge believe that the entire encounter will be on video of…

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Massachusetts SJC to define up skirting in case of Commonwealth v. Wassilie

In the case of Commonwealth v. Sam C. Wassilie, the Supreme Judicial Court for the Commonwealth of Massachusetts (SJC) is currently considering whether a Superior Court judge properly dismissed criminal charges involving alleged “upskirting”. Upskirting is traditionally defined as secretly filming/photographing up a woman’s skirt to view her private areas.…

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Reliability of Hair Drug Testing at issue in Boston Police officer’s claim that he was wrongfully denied employment with the Boston Police based on an inaccurate drug test

A Boston police officer found himself on the wrong side of inaccurate scientific evidence when he was denied employment based on a positive hair drug analysis.  The Massachusetts Supreme Judicial Court is currently considering a case titled Boston Police Department v. Michael Gannon and The Massachusetts Civil Service Commissioninvolving the…

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Massachusetts SJC to define held under arrest for purposes of Dangerousness statute allowing for pretrial detention without bail

In Commonwealth v. Finn, the Massachusetts SJC will decide whether the Superior Court can hold a defendant under the dangerousness statute of 58A after the defendant was released by the district court. The statute says that a person who is “held under arrest” for a felony as enumerated in Subsection 1…

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