Massachusetts Criminal Defense Lawyer Blog

A Sacramento police officer, Brandon Mullock, is accused of falsifying information on 79 DUI police reports. In some of these cases, the State has already obtained a conviction. The fabrication of the officer was discovered when a prosecutor noticed that the police dashcam differed substantially from the written police report…

Anyone facing Massachusetts OUI charges or probation for a similar offense can learn something from the case of Lindsay Lohan. What is often lost in the ongoing saga of Lohan and her trips through jail and alcohol and drug rehabilitation centers is a simple, startling fact: All of her legal…

The Massachusetts Court of Appeals vacated a conviction in the case of Commonwealth v. Wolcott when the defendant was denied her right to a public trial as a result of the trial judge closing the courtroom. The Wolcott decision is an important decision as it emphasizes that Massachusetts criminal defense…

The Massachusetts Appeals Court revisited the doctrine of the first complaint witness in the recent decision of Commonwealth v. Aviles, decided on August 16, 2010. In Aviles, the defendant appealed his conviction of rape and indecent assault and battery arguing that the trial judge committed error of law in admitting…

The U.S. Supreme Court continues to chip away at the Miranda warning, dialing back the landmark protections afforded criminal defendants since the 1960s, the Associated Press reported. What is important for a defendant to remember is simply this: Never speak to authorities as the suspect in a criminal investigation without…

In two cases decided on June 15, 2010, the Massachusetts Supreme Judicial Court interpreted the resisting arrest statute of Massachusetts General Laws Chapter 268 Section 32B. The two cases were Commonwealth v. Quintos Q, involving a juvenile and Commonwealth v. Montoya. In Montoya, police officers testified at trial that they…

The United States Supreme Court further limited the holding of its landmark case of Miranda v. Arizona in the case of Berghuis v. Thompkins decided on June 2nd. In Miranda v. Arizona, the United States Supreme Court held that police must advise a defendant of the defendant’s right to remain…

A California judge issued an arrest warrant for Lindsay Lohan as she failed to appear in court for mandatory court hearing according to news accounts. The court date was to determine whether Lohan was complying with the conditions of her DUI probation. According to the news reports, it is alleged…

The Obama Administration is taking heat from Republican senators and the Chief Justice of the U.S. Supreme Court for remarks the President made during the State of the Union, which were critical of a recent Supreme Court decision regarding campaign finance reform. The independence of the court is little debated…

The Massachusetts Registry of Motor Vehicles suspended the Massachusetts license of a resident based on a DUI conviction that occurred in Colorado. Under Massachusetts General Laws Chapter 90 Section 22, the Massachusetts Registry of Motor Vehicles can suspend the Massachusetts license of a resident for a conviction in another state…