Massachusetts Criminal Defense Lawyer Blog

The Massachusetts SJC heard oral arguments on November 6, 2023 regarding two OUI Serious Injury cases involving accident and blood tests.  The issue before the Court is whether the requirement that the State police obtain consent to test blood applies to both a simple OUI and a more serious OUI…

Miranda rights are critical to protect an individual privilege against self-incrimination.  When a defendant does not speak English, what is the process to make sure that a defendant is advised of their rights in Spanish or their native language. In Commonwealth v. Oscar De Los Santos, the question of whether…

The defense lawyers in the Karen Read case are looking for third party records to prove that Ms. Read is being framed for murder.  The Commonwealth has refused to produce those records.  In the interest of open disclosure, the prosecution should provide the records. What is Rule 17 in Massachusetts…

The Massachusetts Supreme Judicial Court in the case of Commonwealth v. Hallinan paved the way for anyone convicted of an OUI with a breath test from 2012-2019 to have their old case vacated without fear of harsher penalties if convicted after retrial. What steps should you take if you did…

South Carolina DUI crash killing bride and severely injuring the groom could involve legal battles over blood alcohol testing as the defendant refused field sobriety tests.  25 year old Jamie Komoroski was charged with three counts of felony DUI resulting in great bodily injury or death and one count of…

The Massachusetts Supreme Judicial Court decided the case of Commonwealth v. Lindsay Hallinan which allows someone seeking a new trial based on an OUI plea or conviction involving breath test results between 2012 and 2019 to receive a new trial without fear of harsher penalties from the Court or Registry…

What restrictions can social media companies like Facebook, Twitter, Instagram and Tik-Tok on their social media platforms?  The First Amendment to the United States Constitution protects free speech and the case of Moody v. NetChoice that is before the United States Supreme Court on a petition for certiorari may redefine…

As a Massachusetts OUI Lawyer when I reviewed a case I make sure that the Commonwealth can prove operation.  In conversations with clients, many times the client will believe that the Commonwealth cannot prove operation because the client was not scene driving; however, Massachusetts OUI law does permit circumstantial evidence…

The United States Supreme Court may consider whether police need an arrest warrant to enter a person’s home or whether they can enter a home without probable cause that the person resides there and is present. The Supreme Court ruled in Payton v. New York, 445 U. S. 573 (1980)…

Witness Intimidation is a common charge that will often accompany a domestic assault and battery charge in Massachusetts.  In the case of Commonwealth vs. Jeffrey S. Wheeler, it was alleged that the charge was against the Judge and not a specific person. The defendant was convicted of two counts of…