Massachusetts Criminal Defense Lawyer Blog

Massachusetts OUI arrests by College Campus police may raise legal defenses that an experienced Massachusetts OUI attorney could raise in court. Campus police – or public safety officers – are limited by Massachusetts state law from many law enforcement duties of regular city and state police officers, and arrest made…

The Massachusetts Supreme Judicial Court ruled yesterday that the School Zone statute amendment applies to pending cases. Last year the legislature reduced the scope of the school zone statute by requiring the drug distribution crime to be within 300 feet of a school zone rather than a thousand feet from…

The Wyoming Supreme Court has upheld digitally transmitted court authorizations for search warrants as permissible under the Fourth Amendment. Some states, such as Wyoming, already allow judges and clerks to issue search warrants without a formal written application by the officer or prosecutor. As a Massachusetts Criminal Defense Lawyer, the…

For drunk driving defense lawyers in Massachusetts, the area of law that is most in flux and subject to changing court decisions is the Sixth Amendment Right of Confrontation. A recent case from Indiana addressed the meaning of a defense lawyer’s prior opportunity for cross examination that is required if…

As an OUI Lawyer in Massachusetts, a common defense is to attempt to exclude statements from evidence based on the police department failing to provide an individual with their Miranda warnings. The United States Supreme Court denied review of a Florida Supreme Court’s decision in Deviney v. State, 112 So.…

The Massachusetts Supreme Judicial Court recently issued a ruling limiting the testimony of police officers during an OUI trial. The case of Commonwealth v. Canty, decided on November 6, 2013, involved whether a police officer’s testimony violated the rule of evidence that a witness cannot render an opinion on the…

The case of Berkman v. Indiana raised an interesting issue under the Sixth Amendment regarding the meaning of a prior opportunity for cross examination. As a Massachusetts OUI Lawyer, Sixth Amendment case law will continue to shape how drunk driving and other criminal charges are defended in Massachusetts. The Indiana…

As a Massachusetts OUI attorney, an issue that will arise in many cases will be the accuracy of the breathalyzer machine that displays a driver’s blood alcohol content. One of the main reasons this test is unreliable is because of the partition ratio which is used to convert alcohol on…

The United States Supreme Court agreed to hear two cases that will have a major impact on the prosecution of drunk driving cases in Massachusetts. On October 1, 2013, the United States Supreme Court agreed to hear the appeal of two California brothers who were charged with drug possession and…

As a Brockton Criminal Defense Lawyer, many times when I review a case for the first time, I see that a defendant has made a damaging admission. Often, suppression of the statement is critical to a successful defense at trial. Because of the importance of a defendant’s Miranda rights and…