Massachusetts Criminal Defense Lawyer Blog

As trial lawyers, we routinely cross examine police officers.  Some officers have been questioned before and will gladly give us the response that we want.  Its easy to quickly go through the cross examination and loss its full impact with the jury. One of the best CD I have listened…

Massachusetts OUI Defense lawyers will have the opportunity to challenge the accuracy and reliability of the breath test used in the State in a State wide hearing that will be heard in the Concord District Court. The hearing has yet to be scheduled with a status conference coming up on…

OUI drug charges can be difficult for the Commonwealth to prove. This was evident in the recent case of Commonwealth v. Sousa, decided last week. In this case the defendant was convicted of OUI drugs and negligent operation of a motor vehicle after a bench trial in the Malden District…

The Rape Trial of Owen Labrie began this week with opening statements and testimony of the complaining witness in the case. In this Blog, I will review what I see as the strength of the Defense case and why I would expect the jury to find Owen not guilty on…

In a recent Massachusetts Supreme Court decision, Alfred Tirado v. Board of Appeal on Motor Vehicle Liability Policies and Bonds, the Court held that a continuance without a finding (CWOF) is a conviction funder G.L. c. 90F, section 1, which governs the licensure of commercial drivers. The decision essentially means…

What are the penalties for leaving the scene of an accident?  This depends on whether the accident involved only property damage or personal injury.  If only property damage is at issue, the case is easier to resolve. In Massachusetts, anyone involved in a motor vehicle accident on a public road is…

In a unanimous decision reached by differing concurring opinions, the Supreme Court of the United States finally resolved the question left open by Crawford asking whether statements made to persons other than law enforcement trigger the Confrontation Clause. Publishing its decision in Ohio v. Clark today, the Court unanimously voted…

The Massachusetts Supreme Judicial Court is requiring the Court to hold an evidentiary hearing on the reliability of the breath test device the Alcotest 7110. The SJC held that the trial judge’s decision not to hold an evidentiary hearing addressing challenges to the reliability of the machine was wrong. The…

In the case of Commonwealth v. Alphonse, the Massachusetts Court of Appeals awarded a new trial based on the improper argument of the prosecutor. One of the more common grounds to appeal a criminal conviction is based on improper arguments during closing. In this case, the prosecutor argued that the…

What are the steps to prepare an OUI case for trial? In this Blog, I would like to explain to you the process I go through to prepare for trial. The process of preparing for trial starts when I get the case, but when the trial approaches I take the…