Residents from Fergusen, Missouri have been protesting in the streets for days as a result of the tragic death young Mike Brown, an 18-year old Ferguson college student who was shot by a local police officer. Outrage continued to erupt today as the local police chief released the name of…
Massachusetts Criminal Defense Lawyer Blog
How the Massachusetts uses the NDR Report to access your out-of-state driving record
Many drivers in Massachusetts do not realize that a license suspension or revocation, or even a conviction on a serious driving offense, leaves a long term mark on their records that can be accessed by several different types of inquirers. This blog will address the National Driver Register, and how…
Does a Massachusetts State Trooper have to give Field Sobriety Tests when making an OUI Arrest?
Many arrested for OUI assume that a police officer must give field sobriety tests prior to an arrest. Under Massachusetts OUI Law, there is no requirement as to which field sobriety tests and officer must give or whether an officer give any tests at all. Most police officers will give…
Texas State Appeal Court Judge Arrested for DUI
In McAllen, Texas, a state appeals court judge has been arrested for drunken driving following a traffic stop this weekend. After failing field sobriety tests and admitting to drinking five beers beforehand, the judge was charged with a DUI was subsequently released from police custody on a $2,000 bail posting…
Defending Drug Offenses in Plymouth County in light of recent SJC ruling limiting police searches in drug cases
The Massachusetts Supreme Judicial Court recently published an important decision on Commonwealth v. William White, Jr. vacating a trial judge’s conviction and ruling that a police officer acted unlawfully when he searched the defendant and opened medical vials found in the defendant’s pockets and vehicle. This decision limits the scope…
Warrantless Search of Cell phones declared Unconstitutional by the Supreme Court
The Supreme Court has just issued a landmark ruling banning law enforcement officers from searching an arrestee’s cell phone or mobile device without a warrant. According to all nine justices of the Supreme Court, a warrantless search of a mobile device, even a search incident to an arrest, is unconstitutional…
Lawyers for Aaron Hernandez argue that the prosecution taint the Grand Jury proceeding in motion to dismiss
Defense attorneys for Aaron Hernandez appeared before the Fall River superior court on Monday to ask the court to dismiss the murder indictment against Hernandez. The defense attorneys premised their motion to dismiss on the argument that the prosecutors injected unfair prejudice into the grand jury proceeding to bias the…
OUI Defense to breath test evidence: Time of Driving vs. Time of Breath test
In a recent blog, I discussed a problematic decision by the Massachusetts Appeals Court in Com. v. Dacosta upholding a defendant’s conviction on the charge of unlawful operation with a BAC of .08 or greater, when the defendant’s BAC level was tested approximately an hour after the traffic stop. In…
When Can Police order Field Sobriety Tests in a Massachusetts OUI Arrest?
You were stopped for speeding after having consumed alcohol? Can a police officer order you to take field sobriety tests in Massachusetts. This Blog will explain under what circumstances field sobriety tests can be ordered and the type of legal motion a DUI Defense Lawyer can make to challenge the officer’s…
Motion to Suppress Next Step in Aaron Hernandez Fall River Superior Court Murder Charge
This past Thursday there was another important development in the prosecution of Aaron Hernandez. The Bristol County District Attorney’s Office filed a response to Hernandez’s earlier motion asking the court to prevent evidence discovered at Hernandez’s home from coming into trial. According to a recent article, the Fall River Superior…