Massachusetts Criminal Defense Lawyer Blog

The United States Supreme Court issued its decision in Bailey v. United States on February 19, 2013 holding that its precedent in Michigan v. Summers does not allow the police to seize an individual that has left the premise prior to a search. You can read the Bailey decision here.…

When a suspect is arrested, one of the main concerns for Massachusetts defense attorney is the power of the prosecutor who will be the person who decides what to charge a defendant with. This discretion of what to charge a suspect with gives prosecutors tremendous power in the legal system,…

OUI drug charges in Massachusetts are on the rise. What does the Commonwealth have to prove to secure a conviction? In prosecuting an OUI drugs case, the police report will typically look very similar to an arrest for OUI alcohol, with the officer administering field sobriety tests. What typically compels…

Recently, the New York Times Opinion Pages posted an article titled, “Why Police Lie Under Oath”. Police lying under oath is both surprising and dangerous. While the New York Times Article discusses the issue regarding drug cases, which is particularly current in light of the Massachusetts drug lab scandal, police…

One question that now frequently arises for Massachusetts criminal defense lawyers is: Can the police search your cell phone? A recent case gave an answer. The Supreme Judicial Court of Massachusetts recently addressed the question of whether an officer is able to search a defendant’s recent call list on his…

As a Boston criminal defense lawyer, defending drug cases, often the initial police seizure will be based on the defendant being in a high crime area. The Massachusetts Supreme Judicial Court has stated numerous times that being present in a high crime area or flight from the police is insufficient…

The Supreme Court recently heard oral argument in Bailey v. United States on November 1st 2012. The predominant issue in Bailey is whether or not the precedent set forth in Michigan v. Summers, 452 U.S. 692 (1981), which allows an officer to detain an individual on the premises of a…

As a Massachusetts DUI attorney, the issue of police officers unlawfully obtaining blood samples for persons suspected of driving intoxicated often comes up during defense. The act of not obtaining a warrant prior to obtaining a blood sample in routine DUI stops is a direct violation of the 4th amendment.…

For Massachusetts OUI lawyers, the recent decision of the Pennsylvania Superior Court may be used to challenge the admissibility of breath test results in Massachusetts. In the recent case of Commonwealth v. Schildt, the defendant’s Attorney Justin McShane argued that the breath test machine was incapable of producing accurate and…

As a Massachusetts OUI lawyer, when someone hires me to defend their OUI charge, my primary task is to find a way to communicate to the jury that they were not under the influence of alcohol, to find a theory that challenges the officer’s observations so that the jury returns…