Massachusetts Criminal Defense Lawyer Blog

What happens if the Commonwealth loses evidence in a case, like your booking video in an OUI arrest?  A recent case provides new answers to this question.  Although this is not a drunk driving case, attorneys can use the reasoning in this case to advocate in upcoming cases. In Commonwealth…

The Massachusetts Supreme Judicial Court heard oral arguments in the case of Neary-French v. Massachusetts last week to decide the question of whether a defendant should be advised of his or her right to counsel prior to making the decision of whether or not to submit to a breathalyzer test. The 2003…

Massachusetts Supreme Judicial Court Justice Botsford heard oral argument today relating to the Statewide challenge to the Alcotest breath test machine used to prosecute drunk driving cases in Massachusetts.  She heard appeals in the two challenge to the breath test source code, one arising from the Concord District Court and…

The Massachusetts Supreme Judicial Court heard oral arguments recently in the case of Commonwealth v. Carter. Carter is charged with involuntary manslaughter for encouraging her boyfriend, Conrad Roy, to commit suicide. The question the court must answer now is whether evidence that a juvenile has encouraged someone else to commit…

The Massachusetts Supreme Judicial Court will hear argument in two cases relating to the statewide challenge to the reliability of the Alcotest 9510. The first case is an appeal from the Concord District Court, where over 500 OUI cases have been consolidated pending the challenge to the reliability of the…

The Massachusetts Supreme Judicial Court Ruled this past week it was unreasonable for the police to impound a vehicle lawfully parked in a department store lot and conduct an inventory search of the vehicle after the authorized driver of the vehicle was arrested for shoplifting in the case of Commonwealth…

Vehicular crash data is helpful when trying to figure out how an accident happened, and who may be at fault. However, it may be hurtful to defendants in that it may reveal liability that may not be uncovered by other means. Vehicle crash data may include anything from testing brakes…

The Massachusetts Supreme Judicial Court will hear oral arguments on Thursday in the case of Commonwealth v. Carter. Defendant Michelle Carter allegedly encouraged her friend to commit suicide, which he followed through with. Carter was only 17 at the time and therefore tried as a juvenile. The Court will hear…

The Kansas Supreme Court held in State v. David Lee Ryceheld that DUI tests are a search, and therefore a police officer is required to have a warrant if the driver does not consent to a test. Kansans can no longer be criminally prosecuted for refusal to take a breathalyzer or…

In the recently decided case of Commonwealth v. Beltrandi, the Massachusetts Appellate Court has held that when there are two people in a car, the jury may infer whom the driver of the vehicle is when presented with circumstantial evidence. In the case of Beltrandi, the defendant was sitting in…