Massachusetts Criminal Defense Lawyer Blog

For one facing an OUI charge in Massachusetts, the first hearing will be an arraignment and then the next hearing will be a pretrial. This pretrial will be the defendants first opportunity to raise issues of evidence or even raise a motion to dismiss the charges. The purpose of this…

The George Zimmerman case, which was one of the most publicized court decisions in the last decade, has been met with great opposition and protest. This protest has been calling for a potential change in the self-defense laws in Florida and possibly re-trying the defendant in federal court. Furthermore, some…

The Fourth Amendment of the United States Constitution protects citizens from unreasonable search and seizure. Part of this requires a police officer to have a reasonable suspicion of criminal activity in order to conduct a vehicle stop or any other search of a suspect. As a Massachusetts OUI attorney, this…

In criminal cases, testimonial hearsay is usually not allowed and will be inadmissible at testimony. Hearsay testimony would be somebody taking the stand and explaining what somebody else said. The United States Constitution and specifically the confrontation clause grants every defendant in a criminal trial the right to confront witnesses…

As a Massachusetts OUI Attorney, it is quite apparent that OUI cases involving drugs are on the rise as more officers received training in drug recognition techniques, commonly known as a DRE evaluation. A charge based of OUI drugs has many of the same defenses involved with alcohol in that…

In one of the most publicized criminal case in recent history, George Zimmerman who is being tried for murder in the death of Trayvon Martin has drawn an all-female jury. As a Massachusetts criminal defense attorney, the jury selection process is a very important step in setting up a criminal…

The United States Constitution guarantees every criminal defendant a right to a fair and speedy trial. One way a trial is deemed fair is to have an impartial jury decide the fate of the case. To ensure a jury is impartial, both the defense and the prosecution will select the…

What happens when you attempt to take field sobriety tests and realize you cannot perform them and are charged with OUI in Massachusetts? Often a defendant may say: “I can’t do this anymore,” and “I am too drunk to finish,” are some of the many comments made by defendants as…

As a Massachusetts OUI attorney, there will be rare cases where a driver had no intention of driving, but because of some sort of disorder or episode, got behind the wheel without any intention of driving. A question in these cases arises when the person driving is drunk and whether…

The United States Constitution protects citizens from ex post facto laws. What this means is that a person cannot be punished for breaking a law that was not a law when they committed the act. This will be true even when the act becomes against the law after they committed…