District attorneys and public defenders filed a lawsuit Monday April 29, 2019 to prohibit Immigration and Customs Enforcement (ICE) agents from entering into state courthouses to enforce detainers. What’s an ICE Detainer? The United States Department of Homeland Security allows ICE the ability to issue a detainer, which is an…
Massachusetts Criminal Defense Lawyer Blog
Why hire DelSignore Law and what makes us the best option to defend your Massachusetts OUI case
In 2005, I started DelSignore Law as a criminal defense firm handling all types of criminal charges. While we handle every type of criminal charge, we soon got recognized around Massachusetts for handling DUI cases. It was a great honor to quickly be recognized as one of the top firms…
Unites States Supreme Court Review sought in Rap Music case to clarify meaning of true threats under the 1st Amendment
Last August, the Pennsylvania Supreme Court upheld the conviction of Jamal Knox, a rap artist, for multiple charges stemming from what the trial court found were terroristic threats based on the contents of his rap song “F**ck the Police.” Knox petitions for Supreme Court review and if granted, the Court could not only clarify…
Which Massachusetts Police Departments have Video of OUI arrests?
Video of an individual taking the field sobriety tests in a Massachusetts OUI arrests rarely exists as most Massachusetts police departments do not have cruiser video. This is surprising to most people that meet with me to discuss an OUI charge believe that the entire encounter will be on video of…
Massachusetts SJC to define up skirting in case of Commonwealth v. Wassilie
In the case of Commonwealth v. Sam C. Wassilie, the Supreme Judicial Court for the Commonwealth of Massachusetts (SJC) is currently considering whether a Superior Court judge properly dismissed criminal charges involving alleged “upskirting”. Upskirting is traditionally defined as secretly filming/photographing up a woman’s skirt to view her private areas.…
Reliability of Hair Drug Testing at issue in Boston Police officer’s claim that he was wrongfully denied employment with the Boston Police based on an inaccurate drug test
A Boston police officer found himself on the wrong side of inaccurate scientific evidence when he was denied employment based on a positive hair drug analysis. The Massachusetts Supreme Judicial Court is currently considering a case titled Boston Police Department v. Michael Gannon and The Massachusetts Civil Service Commissioninvolving the…
Massachusetts SJC to define held under arrest for purposes of Dangerousness statute allowing for pretrial detention without bail
In Commonwealth v. Finn, the Massachusetts SJC will decide whether the Superior Court can hold a defendant under the dangerousness statute of 58A after the defendant was released by the district court. The statute says that a person who is “held under arrest” for a felony as enumerated in Subsection 1…
Odor of Marijuana and search of commercial building to be consider by Massachusetts SJC
The Massachusetts Supreme Judicial Court heard oral argument on April 2 in the Commonwealth v. Long. This case raises the issues of the detection of marijuana and probable cause to search a commercial building. In this case, two officers were conducting patrol when they noticed two vehicles parked behind…
Massachusetts SJC to decide whether failure to secure a child properly into a car seat can constitute involuntary manslaughter
The Massachusetts Supreme Judicial Court will decide whether the failure to secure a child properly in a car seat can result in an involuntary manslaughter conviction. The case is Commonwealth v. Hardy, where the defendant Hardy was convicted by a jury of involuntary manslaughter. On appeal, Hardy argues that her…
Boston Globe lawsuit attempts to make Massachusetts Clerk Magistrate hearings public record
The Massachusetts Supreme Judicial Court will be asked to decide whether clerk magistrate hearings where the clerk finds probable cause but declines to issue the complaint should be open to the public. As a criminal defense lawyer that has handled many clerk magistrate hearings, clerks do sometimes find probable cause…