A recent Brockton case raises issues surrounding probation violation hearings and exemplifies how the state can often fail to respect probation violation hearing standards. In the recent Brockton case of Commonwealth v. Bukin SJC-11306, a defendant was inappropriately sentenced after being accused violating their probation by committing a new offense.…
Massachusetts Criminal Defense Lawyer Blog
SJC decision in Commonwealth v. Hearns addresses invocation of Miranda Rights
The Massachusetts Supreme Judicial Court recently found that a Boston police officer during a murder investigation did not honor the defendant invocation of his right to remain silent. The Court found that the defendant invoked his right to remain silent and that the officer continued to question the defendant in…
What does it mean to the defense in the Aaron Hernandez case that Ortiz and Wallace have been indicted for Murder?
This week featured a new development in the Aaron Hernandez case with Carlos Ortiz and Ernest Wallace being indicted on murder charges. Does this help the Hernandez defense team? From the start, Hernandez primary defense was likely to be that either Ortiz or Wallace committed the murder without his knowledge…
How to get a Permanent Abuse Prevention order under 209A terminated and the standard used by the courts
Under Massachusetts general law c. 209A, victims of family or household abuse can seek help from the State to prevent further abuse by orders prohibiting a defendant from abusing or contacting the victim, or requiring a defendant to stay away from the victim’s residence or workplace. Any party may seek…
Why Hiring the Cheapest OUI Lawyer is not a good idea
Finding a Massachusetts OUI Lawyer brings many choice, like hiring any professional. Looking for a Lawyer based on the lowest price is generally not a good idea. In most cases, you cannot get the things you value most by looking for the lowest price: Many want the most vigorous representation,…
OUI Stop for Tinted License Plate Cover Ruled unlawful by the Massachusetts Appeals Court
What happens when you are pulled over for a traffic infraction and then charged with OUI in Massachusetts. How does this impact the defense of your case? This can occur when an officer patrolling the road pulls you over for driving above the speed limit or for a burned taillight,…
Why being a Lawyer is still a Great Career Choice
Recently, there has been some depressing news about the legal job market. The number of lawyers claiming to be unhappy in their career choice is high. Law students have brought suits against law schools. Law schools are lowering tuition according to a report in the America Bar Journal, including an…
Challenging evidence seized from your car during an arrest for drunk driving
What happens if you are stopped for OUI in Foxboro after a Patriot’s game or concert and the police find alcohol in the car. How will finding alcohol in the car impact the defense of a drunk driving charge. When the police find evidence in a car it is not…
Looking at the right of Self Defense in Massachusetts after the Dunn Trial
The doctrine of self-defense is one of a few powerful defenses to the most serious crimes, which could lead to a not-guilty verdict if used by an experienced defense attorney. The recent Florida trial of Michael Dunn is one example of this defense successfully raised against a first-degree murder charge,…
Supreme Court to decide 4th Amendment question on warrantless cell phone searches
The United States Supreme Court is scheduled to issue landmark decisions early this summer regarding the constitutionality of a warrantless search of a suspect’s cell phone under the Fourth Amendment. The nation’s highest court has recently announced that it will be hearing arguments and deciding on two criminal cases –…