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Massachusetts Criminal Defense Lawyer Blog

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Learn the Process in Court when charged with OUI out of the Westborough District Court

Drivers who were stopped and charged with an OUI out of Westborough can expect to appear before the Westborough District Court for pretrial matters. As the case progresses towards trial, the case will be transferred to the Worcester Trial Court, where it will be scheduled for a jury session. When…

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Understanding the Jury Selection Process in the Hernandez Murder Trial

With Hernandez’s first murder trial underway, scores of potential jurors have started appearing at Bristol County Superior Court to prepare for empanelment for this highly publicized trial. Hernandez’s first murder trial (for the murder of Odin Lloyd) began on Friday, January 9th and is expected to last several weeks. The…

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Police Increase enforcement of Massachusetts OUI Laws over New Year’s Eve

New Year’s Eve is a time for increased DUI patrol. Police are always looking to crack down on drunk driving, but New Year’s Eve sees a greater police presence. It is important to be careful and consider public transportation or taking a taxi when driving in Massachusetts tonight. Getting arrested…

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Montana Jury rejects Stand-Your-Ground self-defense in Murder trial

A Montana jury recently rejected a “stand your ground” defense offered by a defendant charge with the murder of a German exchange student earlier this year. The defendant argued that he was only acting out of self-defense in protecting his home against intrusion by burglars, but the jury instead found…

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Washington Appeals Court address Right to Remain Silent in recent decision

The Constitution protects us when we make statements under police interrogation without being advised of our rights, or when we decide not to make any statements at all. One of the key rights stated in a Miranda warning is the right to remain silent. This right guarantees that a defendant…

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Hernandez defense team attempts to block evidence of prior criminal behavior from trial

Aaron Hernandez’s defense attorneys are once again asking the trial court to prevent the prosecution from raising certain evidence against Hernandez during his murder trial in the Fall River Superior Court. In particular, FOX25 News reports that the motion seeks to exclude eight separate instances of the defendant’s past behavior…

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Supreme Court hears Fourth Amendment challenge to warrantless police searches of hotel guest lists

The U.S. Supreme Court has agreed to hear the City of Los Angeles’ appeal of a Ninth Circuit decision holding that a city ordinance requiring hotels to maintain detailed records of each guest’s identity and personal information unconstitutional. In a split decision, the Ninth Circuit found the ordinance to violate…

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United States Supreme Court to determine whether threats are protected free speech under First Amendment

Many crimes require proof that the defendant specifically intended to cause the harm alleged by the crime. In Massachusetts, obtaining a civil harassment protective order requires the complainant to prove that the defendant intentionally placed someone in fear of harm using their words or acts. Just recently, however, the Supreme…

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Marijuana Breath Tests in Development at Washington State University may result in increased OUI Drugs arrests

A Washington State University professor is currently developing the first portable breathalyzer that tests for marijuana substance consumed by a driver. Washington law enforcement agencies are particularly enthusiastic about the test, as more and more drivers are operating while under the influence of marijuana in one of only two states…

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