The Trial of two Rhode Island Criminal Defense Lawyers charged with conspiracy, bribery and obstruction of justice raises the issue of when two defendants can be tried together. As an Attleboro criminal defense lawyer, this trial has raised interesting issue of the joint trial of two defendants and when a…
Massachusetts Criminal Defense Lawyer Blog
Massachusetts Supreme Court holds that ineffective assistance of counsel claims based on failure to advise defendant of immigration consequences can be brought for case decided prior to Padilla
The Massachusetts Supreme Judicial Court held in Commonwealth v. Sylvain that ineffective assistance of counsel claims based on the failure to advise a defendant of the immigration consequences of a criminal conviction can be brought prior to the Padilla decision under Article 12. The SJC declined to follow the recent…
Connecticut Drivers facing OUI charge in Massachusetts will have assignment to Connecticut Diversionary Program count as a conviction for purposes of breath test refusal suspension
The Massachusetts Court of Appeals addressed an important question for Connecticut Drivers charged with DUI in Massachusetts in the case of Thomas Scheffler v. Board of Appeals. The Appeals Court held that a driver’s assignment to a diversionary program, which is not considered a DUI Conviction in Connecticut, does count…
Massachusetts drug distribution conviction upheld despite Sixth Amendment Confrontation Clause Challenge
The Massachusetts Supreme Judicial Court recently ruled in the case of Commonwealth v. Robert Lezynski, decided on August 2, 2013, that the defendant’s conviction of possession of Class B drug with the intent to distribute was not influenced by an improperly admitted toxicology report in violation of the Sixth Amendment.…
Challenge to Accuracy of Breath Test Results in Pennsylvania heading to the State Supreme Court
Unlike under Massachusetts OUI Law, in some jurisdictions, the statutory penalties of driving under the influence vary depending on blood-alcohol measurements as determined by a breathalyzer exam or blood test. While trial courts across the nation are becoming increasingly skeptical of breathalyzers, the Pennsylvania Superior Court recently reversed a trial…
What is the look back for prior OUI offenses in Massachusetts?
Under Massachusetts OUI law, there is a lifetime look back for prior OUI offenses. This simply means that the level of offense you will be charged with will be based on the total number of OUI convictions you have in your lifetime. It is important when you speak to an…
Understanding the Court Procedure in Massachusetts Superior and District Court in the Aaron Hernandez Case
The case of Aaron Hernandez reveals some interesting aspects of Massachusetts’s court procedures. For example, many people wonder why Hernandez is being arraigned again in superior court. The reason lies in the fact that there are typically two arraignments in any superior court charge. Hernandez was initially arraigned in the…
Will there be video of an OUI Arrest in East Bridgewater, Massachusetts
If you were arrested for OUI in East Bridgewater, there should be video of your OUI arrest. the video that the police have will be referred to as a booking video. The East Bridgewater police department does not have a police cruiser camera video. There are a few departments that…
Ohio Ruling finding breath test evidence unreliable
As a , anytime a person comes into the office after having failed the breath test, I know that I will have to explain to them why the breath test machine can be unreliable and ways the case can be won despite the breath test results. While breath test evidence…
License consequences of a first offense OUI in Massachusetts: When can you get your license back?
As an OUI Lawyer in Massachusetts, I have met many individuals, parents, spouses and family members who come to my office unsure about what to do in response to a recent arrest for OUI. There are three things that anyone charged should understand about the license consequences of a First…