The 10-part Netflix documentary series that has captured the nation and has made headlines over the past year has more recently taken a new turn. Steven Avery and his nephew Brendan Dassey, most famously known for being found guilty of the murder of Teresa Halbach, may have a second chance…
Massachusetts Criminal Defense Lawyer Blog
SJC rules that Aaron Hernandez’s lawyers must turn over cell phone
In a decision that could impact Aaron Harnandez’s upcoming murder trial in February, the Massachusetts Supreme Judicial Court ruled today that his lawyers can be compelled to provide his phone to the Commonwealth pursuant to an anticipatory search warrant. Interpreting the statute governing search warrants General Laws 276 Section 1,…
No Right to a lawyer prior to deciding to take a Breath Test
When is a person being investigated of a crime entitled to a lawyer? The determination of whether someone being accused of a crime is entitled to a lawyer depends on whether the court determine that the prosecution is at a critical stage in the process. The United States Supreme Court…
Leaving Child in Hot Car and Involuntary Manslaughter Prosecutions
This summer has seen a high number of cases involving young children dying after being left in hot cars. In a recent highly publicized case out Georgia, a father was charged with the involuntary manslaughter of his twin one-and-a-half-year-old daughters after it was discovered that he left the children in…
Breath Test Calibration Errors impact over 1000 DUI cases in Philadelphia
Up to 1000 DUI cases in Philadelphia may be impacted by a faulty breath test machine that was not properly calibrated. What happened in Philadelphia is that an expired solution was used to calibrate the breath test machine. This error was discovered by a DUI Lawyer likely in preparing one…
Teen to stand trial for Manslaughter for encouraging suicide through text messages and phone calls
The Massachusetts SJC rule on July 1, 2016 that a juvenile can be required to stand trial as an adult for involuntary manslaughter in a case that has drawn national attention, as the juvenile defendant is charged with encouraging another juvenile to commit suicide through text messages. Text messages were…
Absence of Miranda Warning May Lead to Suppressed Statements in Kayak Murder Trial
A New York woman was not read her Miranda rights prior to a 45 minute, unrecorded interview with police after her husband’s kayak capsized in the Hudson river, resulting in his death. A police investigator claims that Angelika Graswald told him that she took her fiance’s paddle after he capsized…
Refusing a breath test can result in criminal penalties according to recent US Supreme Court decision
The U.S. Supreme Court ruled on Thursday that states cannot make it a crime for a drunken driving suspect to refuse to take a blood test but can criminalize the refusal to take breath tests to determine alcohol levels. The ruling will affect laws in 11 states. The justices ruled…
Progress for the defense in Massachusetts Breath Test Source Code Challenge
The Statewide challenge to the accuracy of the breath test machine used in Massachusetts took a positive turn for the defense with a ruling from Massachusetts Supreme Court Justice Botsford. The Massachusetts Supreme Judicial Court ruled that defendants in a set of cases should be provided access to breathalyzer instruments…
Connecticut Supreme Court abolishes death penalty
The Connecticut State Supreme Court has upheld the abolishment of the death penalty, including for death-row inmates in the re-examination of the case of State v. Santiago. Last August, the Court held that the death penalty was unconstitutional following the legislature’s abolition of capital punishment three years ago. The legislature…