Massachusetts Criminal Defense Lawyer Blog

As a Massachusetts OUI Lawyer when I reviewed a case I make sure that the Commonwealth can prove operation.  In conversations with clients, many times the client will believe that the Commonwealth cannot prove operation because the client was not scene driving; however, Massachusetts OUI law does permit circumstantial evidence…

The United States Supreme Court may consider whether police need an arrest warrant to enter a person’s home or whether they can enter a home without probable cause that the person resides there and is present. The Supreme Court ruled in Payton v. New York, 445 U. S. 573 (1980)…

Witness Intimidation is a common charge that will often accompany a domestic assault and battery charge in Massachusetts.  In the case of Commonwealth vs. Jeffrey S. Wheeler, it was alleged that the charge was against the Judge and not a specific person. The defendant was convicted of two counts of…

If you have had your license suspended by the Massachusetts RMV, you know it is a frustrating and difficult process to get it back.  Often, you will need a hearing with the Massachusetts Board of Appeals to get your license back.  This is a three member board that has more…

The Supreme Judicial Court for the Commonwealth of Massachusetts is set to decide in the coming weeks on a very controversial and important criminal case.  Commonwealth v. Cuffee is set to clarify some pending arguments regarding the state of Equal Protection rights in Massachusetts.  Should a defendant have to prove…

Often an OUI charge in Massachusetts will begin with a civilian calling 911 to claim you were driving erratically.  What can be done to challenge the basis of the stop and your arrest for OUI? It is well-settled that under Massachusetts law, a 911 call can be used as the…

The Massachusetts SJC heard arguments in Commonwealth v. Rainey regarding the 4th amendment implications of police officer bodycam footage. In this case, an officer responded to a call at the defendant’s house and had a bodycam recording the outside and what could be seen of the inside of their house…

The Massachusetts SJC grappled with a First Amendment free speech appeal in Barron v. Southborough Board of Selectman. The defendant had participated in a public meeting to present comments about recent illegal activity the town was committing. The defendant quietly waited for the public comments section of the meeting and…

The Massachusetts SJC heard oral arguments on November 2, 2022 in Commonwealth v. Eagles, a case regarding hair comparison evidence in homicide cases. The defendant was a lookout for a breaking and entering of what he thought was an empty home and he later went inside to find a man…

The Massachusetts Supreme Judicial Court heard oral arguments on December 5, 2022, in a case that discussed searches and seizures from a vehicle at one’s workplace based on anonymous tips. The defendant filed a motion to suppress the evidence found as a result of the search of his vehicle on…