A recent decision in New York has highlighted the role of false confessions in a case outcome. New York judge, Maxwell Wiley, has ruled a confession admissible despite the defendant’s low IQ and the lengthy duration of the interrogation process. The Confession Pedro Hernandez, who was 19 at the time,…
Massachusetts Criminal Defense Lawyer Blog
Should I testify at my DUI Trial?
The two most difficult decisions for any Massachusetts OUI Attorney are typically: Should the client testify; & should we elect a bench or jury trial. In this Blog, I will discuss the decision whether or not to testify at trial. When preparing for trial, a client will have some piece…
Fourth Amendment challenge to breath test refusal statute rejected by Appellate Court
Most drivers don’t realize that every state requires a driver suspected of drunk driving submit to a blood-alcohol test or face mandatory license suspension. This requirement is outlined in “implied-consent statutes.” Although the U.S. Supreme Court has partially addressed the constitutionality of these statutes, a recent defendant in Illinois unsuccessfully…
ACLU Petition for Improved Response to Annie Dookhan drug lab cases
Surpreme Judicial Court Justice, Associate Justice Margot Botsford, has requested that state’s highest court dismiss thousands of the drug convictions that Annie Dookhan had handled evidence for. Based on a petition filed by the American Civil Liberties Union (ACLU), Botsford submitted a five-page report, in which she also describes the…
Tips for being a Top DUI Trial Lawyer
One of the most important qualities of a successful trial attorney is the ability to present the client’s case in a manner that enables jurors to adopt the attorney’s arguments as the truth. But doing so requires more than mere persuasion. According to a recent article by prominent trial attorney…
Can Medical Reports be used in a Massachusetts OUI Trial?
An OUI trial in Massachusetts is governed by rules and laws that allow and prohibit certain statements, reports, and objects from admission into evidence. Once a statement or item is admitted into evidence, it may be considered by the judge or jury for the purposes of reaching a verdict. In…
John Goodman testifies in the retrial of his OUI Manslaughter trial
The owner of the International Polo Club Palm Beach, Mr. John Goodman, recently took the stand to testify in his own criminal trial on an OUI manslaughter charge in Florida. Goodman was operating his Bentley in 2010 when he collided with the 23 year old man Scott Wilson in his…
United States Supreme Court hears arguments on Fourth Amendment violations where police mistakenly conduct traffic stop
On October 6, the U.S. Supreme Court heard arguments from defense counsel, the North Carolina State Attorney General, and the U.S. Solicitor General regarding the matter of Heien v. North Carolina. The question initially posed before the Court was whether a traffic stop premised on an officer’s mistaken understanding of…
Attorney General appeals Illinois court decision to U.S. Supreme Court arguing traffic stop did not violate Fourth Amendment
Often times, what initially begins as a traffic stop for a civil offense (such as speeding) unexpectedly becomes an investigation into a criminal offense, ultimately leading to criminal charges. Under Fourth Amendment law, police officers conducting a traffic stop can investigate for criminal activity so long as the investigation was…
Ohio Supreme Court rules in favor of DUI defendant challenging breathalyzer
DUI defense attorneys in Ohio have recently won a substantial victory in the Ohio Supreme Court that will allow defendants to bring stronger challenges to the validity of breathalyzer tests. The Ohio court’s decision will require states to comply with discovery requests by the defendant, and produce critical data and…