Massachusetts Criminal Defense Lawyer Blog

This week there will be two significant hearings on breath testing.  The SJC will hear oral argument in the case of Commonwealth v. Camblin.  This case has been at the SJC before; in the first Camblin decision, the SJC held that a district court judge was wrong to deny the…

The Massachusetts Supreme Court has ruled that the four warnings that constituMirandanda are not to be changed, but that the exact words in which the essential information should be conveyed has not been dictated. As long as the miranda rights are reasonably dictated to the person being charged with a…

Gun charges against a Holden man were recently dismissed as the Massachusetts State Supreme Judicial Court ruled that the search warrant that was issued lacked probable cause and was ultimately invalid. This comes after the defendant Steven Mora filed a motion to suppress the fruits of the search, which uncovered…

For the past two years, there has been extensive litigation about the reliability of the breath test.  Judge Brennan consolidated all issues pertaining to the accuracy of the breath test in one hearing.  Judge Brennan rejected all challenges to the scientific reliability of the machine, but found that the Office…

The Massachusetts Appeals Court ruled last Thursday to uphold the conviction of the Brockton man who killed a woman in a fatal car crash and injured nearly 8 others. In its decision, the court stated that the defendant should have known he was creating a strong likelihood of death of…

Judge Lawrence Moniz has found Michelle Carter Guilty of Involuntary Manslaughter after bench trial in Taunton Juvenile Court. Judge Moniz held that Ms. Carter’s actions and failure to act caused the death of Conrad Roy III. Judge Moniz’s decision seemed to hinge on the text Carter had sent to her friend Sam…

As the Michelle Carter trial continues this week, her defense team presented expert witnesses; Dr. Peter Breggin took the stand testifying in regards to his knowledge on the effects felt by juveniles whom are prescribed antidepressants. This comes after the defense had their motion to dismiss the case, for lack…

After prosecutors rested their arguments in the Michelle Carter case, Judge Lawrence Moniz  denied the defenses motion to declare her not guilty based on the evidence or lack therof.  Carter, a young woman from Plainville Massachusetts is currently on trial for convincing her high school boyfriend to commit suicide in 2014; prosecutors arguing…

Tiger Woods was charged with DUI drugs in Florida.  According to the CNN news report, there was evidence of fresh damage to his car, he was found asleep at the wheel and failed field sobriety tests.  Woods did submit to a breath test and registered a 0.00, revealing no alcohol…

Recent studies have started to surface in regards to the number of OUI’s now that Uber has become a popular ride-sharing service. Uber operates in many cities across the country and has become increasingly more popular over the last couple of years. Young people and adults alike look to Uber…