Jalen Rose, a 13-year NBA guard and current analyst, was sentenced to 20 days in a Michigan jail recently following a March DUI crash, the Detroit Free Press reports. It seems like celebrities charged with crimes sometimes get lenient sentences compared to everyday people. But in this case, the judge…
Massachusetts Criminal Defense Lawyer Blog
HGN field sobriety test
In defending charges of DUI in Massachusetts, one of the field sobriety tests that appears frequently in police reports and causes the most confusion for people arrested for drunk driving is the Horizontal Gaze and nystagmus field sobriety test, sometimes referred to by those arrested as the pen test. It…
Man Charged With Trying to Kill Girlfriend in Marlborough Domestic Violence Incident
A Franklin man has been charged with trying to kill his girlfriend in a Marlborough domestic violence incident, The MetroWest Daily News recently reported. Domestic violence charges in Marlborough require an experienced Massachusetts Criminal Defense Attorney be immediately consulted to sort out the real facts. In this case, Richard Waters,…
Massachusetts criminal defense attorney comments on court decision involving voluntariness of statement, police agree is “off of the record”
The Massachusetts Supreme Judicial Court in the case of Commonwealth v. Mark Tremblay addressed whether the defendant’s statement was voluntary when the police agrees that it would be off of the record. The issue before the court was not whether Miranda warning had been given, as the Massachusetts criminal lawyer…
Discussion on attacking the one leg stand field sobriety test at a DUI trial
This is Massachusetts DUI lawyer, Michael DelSignore Second blog on field sobriety testing as part of a five part blog series that will be published on this Blog. The One Leg Stand field sobriety test is the most difficult test given by the police because many people cannot perform this…
The Nine Step Walk and turn field sobriety test
Fighting a Massachusetts DUI charge at trial often involves contesting the reliability of field sobriety tests. To help readers better understand how these tests should be performed, what clues to look for and way to challenge these exercises at trial, I am going to write a series of blogs on…
United States Supreme Court agrees to hear Confrontation Clause case of Williams v. Illinois addressing questions raised in recent Bullcoming decision
The United States Supreme Court has agreed to hear another case raising the issue of the scope of the Sixth Amendment Right of Confrontation. The case of Williams v. Illinois directly raises the confrontation clause issues raised in the concurring opinion of Justice Sotomayor. The filings in the Williams case…
United States Supreme Court decision in Bullcoming v. New Mexico
The United States Supreme Court issued its decision in Bullcoming v. New Mexico today, holding that the Sixth Amendment precludes the State from introducing a lab report of a forensic blood test without calling the analyst who conducted the analysis. The State attempted to satisfy the confrontation clause by calling…
Massachusetts Supreme Judicial Court holds that RMV documents are testimonial requiring the opportunity for Confrontation under the Sixth Amendment.
The Massachusetts Supreme Judicial Court decided today that Registry of Motor Vehicle documents are testimonial, requiring the Commonwealth to present the testimony of a live witness to admit the records into evidence at the time of trial. The SJC announced its decision in the case of Commonwealth v. Parenteau. In…
Fourth Offense Massachusetts OUI conviction upheld by the Appeals Court
A Massachusetts Fourth Offense OUI conviction was upheld by the Appeals Court in the case of Commonwealth v. Russell Beaulieu, decided on March 18, 2011. The Beaulieu decision also involved the issue of refusing field sobriety tests which was the subject of an earlier blog. In the Beaulieu case, the…