Massachusetts Criminal Defense Lawyer Blog

Decriminalizing and making marijuana legal is a growing trend throughout many states. However, even when legal, it is still an offense to drive under the influence of marijuana. As a Massachusetts OUI Defense Attorney, this creates problems as it is much more difficult to measure the presence of marijuana in…

As a Massachusetts OUI defense lawyer, often an argument made at trial is that a motorist drank responsibly and only had one or two drinks with dinner. The proposed reduction of the presumptive legal limit would have potentially impose criminal penalties on those who drink responsibly. Fortunately, the proposal is…

One of the most common charges when a defendant is charged with a domestic assault and battery in Westborough, Massachusetts, is that the charge will also be accompanied by a charge of Witness Intimidation. The Massachusetts Appelals Court recently addressed the issue of what constitutes witness intimidation in the case…

Are women targeted when officers make DUI arrests? The answers may be yes, at least in Florida. A Florida State Trooper, Melvin Arthur, is under investigating for targeting women in making DUI arrests, according to the Herald Tribune. Trooper Arthur is believed to have arrested an unusually high number of…

We are familiar with Miranda Rights-the preventive criminal procedure rule that law enforcement is required to dictate to suspects in custody before interrogation. The Miranda warning protects the individual in custody from self-incrimination, protecting their 5th amendment rights. Typically, when law enforcement fails to administer Miranda Rights, anything said by…

One question that comes up for a Massachusetts OUI Lawyer is “when can a police officer make an arrest outside of his or her jurisdiction?” Whether a police officer had a basis to stop you under the Fourth Amendment is one of the first lines of defenses that is pursued…

As technology advances, a slew of new legal issues have found their way into courts across America. Social media networks, email, texting, and other technological communications pose new questions surrounding citizens’ privacy, the 4th amendment, and search/seizures issues for police. Recently, a Florida Supreme Court ruled that police are required…

On Wednesday, the Supreme Court heard oral arguments for Salinas v. Texas. The issue in Salinas is whether the Fifth Amendment protects a defendant who remains silent during police questioning before being arrested or read his Miranda rights. As a Massachusetts OUI lawyer, I would expect that the Court will…

Since Commonwealth v. Cruz, the Supreme Judicial Court held that the smell of marijuana did not give an officer probable cause to conduct a search. Commonwealth v. Daniel, a recent decision by the Supreme Judicial Court, affirms the holding from Cruz. The Daniels decision may provide a defense to a…

As a OUI Lawyer , a case will often involve somebody who nhas refused to take a breathalyzer test after being pulled over. In some cases, a motorist may change their mind and request a breath test after refusing to submit to one. In a recent case, the issue was…