The Massachusetts Supreme Judicial Court released today the Special Report it had a major Boston law firm prepare on OUI convictions rates following a three part series published by the Boston Globe. The special report makes numerous recommendations geared toward increasing the conviction rate for OUI offenses. As a Massachusetts…
Massachusetts Criminal Defense Lawyer Blog
Hall of Fame Red Sox Catcher Carlton Fisk Arrested and Charged with DUI in Illinois
Hall of Fame catcher Carlton Fisk was arrested and charged with DUI in Illinois this week. ESPN Chicago reported police found Fisk passed out behind the wheel of his vehicle in the middle of a cornfield. New Lenox Deputy Chief Bob Pawlisk said Fisk was charged with a lane violation,…
United States Supreme Court to address whether indigent defendant was deprived of his right to speedy trial by delay in receiving counsel
A recent case pending a decision from the United States Supreme Court has raised issues concerning a defendant’s constitutional right to a speedy trial. In Boyer v. Louisiana, the indigent defendant was not offered any form of defense counsel until five years after the charges were brought fourth. The state…
Which police departments have booking videos?
As a Massachusetts OUI lawyer, one of the first things I look into with any new case is whether there is a booking video. There are three types of video that may be available in a Massachusetts OUI arrest: cruiser camera video; a booking tape, or police surveillance cameras. Police…
Breathalyzers in D.C. Are Back After 2-Year Hiatus
Motorists in Washington D.C. may again face police departments armed with breathalyzers, following a two-year hiatus connected to inflated results that led to dozens of faulty convictions. Our Massachusetts DUI lawyers understand that the previous machines were producing readings that were, on average, about 20 percent too high. About two…
Tips for Law Students Preparing for Exams
Law School can be stressful; one exam for the entire grade. Here are some tips on how to best prepare for exam day. After having completed three years of law school at the University of Connecticut, I felt I got better understanding as I went along but it would have…
Sixth Amendment confrontation clause case regarding statements to a child protection worker may reach the United States Supreme Court
The case of Ricky Lee Allshouse v. Pennsylvania is on petition for certiorari before the United States Supreme Court raising the issue of whether the defendant was denied his right of confrontation under the Sixth Amendment by the admission into evidence at trial of his statements to a child protection…
Lab Flaws Leave Thousands of Massachusetts Criminal Cases in Jeopardy
The bottom may have fallen out on thousands of criminal cases relying on drug testing analysis conducted at state labs, after a chemist was found flouting testing protocols. Both she and two of her supervisors have been placed on administrative leave, leaving thousands of convictions and ongoing criminal cases open…
Defending Drug Charges in Massachusetts involving anonymous 911 in light of recent court decision
Drug crimes in Massachusetts can raise 6th Amendment Confrontation Clause issues just as in other types of criminal offense. A recent decision from the 5th Circuit Court of Appeals demonstrates the issues that arise for Massachusetts criminal defense lawyers in interpreting their client’s Sixth Amendment right of confrontation. The case…
Massachusetts DUI Watch: Route 24 Enforcement One Hot Spot this Labor Day Weekend
At least six more OUI arrests in Massachusetts have occurred along Route 24 since authorities announced increased enforcement in the wake of a string of serious and fatal traffic accidents. Motorists can expect DUI roadblocks and other drunk driving enforcement measures through the upcoming Labor Day weekend. The Boston Herald…