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If you have had your license suspended by the Massachusetts RMV, you know it is a frustrating and difficult process to get it back. Often, you will need a hearing with the Massachusetts Board of Appeals to get your license back. This is a three member board that has more…
The Supreme Judicial Court for the Commonwealth of Massachusetts is set to decide in the coming weeks on a very controversial and important criminal case. Commonwealth v. Cuffee is set to clarify some pending arguments regarding the state of Equal Protection rights in Massachusetts. Should a defendant have to prove…
Often an OUI charge in Massachusetts will begin with a civilian calling 911 to claim you were driving erratically. What can be done to challenge the basis of the stop and your arrest for OUI? It is well-settled that under Massachusetts law, a 911 call can be used as the…
The Massachusetts SJC heard arguments in Commonwealth v. Rainey regarding the 4th amendment implications of police officer bodycam footage. In this case, an officer responded to a call at the defendant’s house and had a bodycam recording the outside and what could be seen of the inside of their house…
The Massachusetts SJC grappled with a First Amendment free speech appeal in Barron v. Southborough Board of Selectman. The defendant had participated in a public meeting to present comments about recent illegal activity the town was committing. The defendant quietly waited for the public comments section of the meeting and…
The Massachusetts SJC heard oral arguments on November 2, 2022 in Commonwealth v. Eagles, a case regarding hair comparison evidence in homicide cases. The defendant was a lookout for a breaking and entering of what he thought was an empty home and he later went inside to find a man…
The Massachusetts Supreme Judicial Court heard oral arguments on December 5, 2022, in a case that discussed searches and seizures from a vehicle at one’s workplace based on anonymous tips. The defendant filed a motion to suppress the evidence found as a result of the search of his vehicle on…
The Massachusetts Supreme Judicial Court heard oral arguments on December 7th in Commonwealth v. Lindsey Hallihan. This case deal with the fall out from the Ananias litigation and the serious discovery violations that occurred, undermining the integrity of breath test results for a period of time from 2011 to 2019.…
The Impact of OUI Cases Involving the Draeger Alcotest 9510 breathalyzer test A case on appeal with the Supreme Judicial Court of Massachusetts presents several novel and important issues that could affect potentially tens of thousands of operating under the influence (OUI) cases in the state. In Commonwealth of Massachusetts…
In a Massachusetts sexual assault trial, the evidence can be fairly contested the job of the jury can be very difficult, given the emotions of these charges. Improper arguments by prosecutors can result in a defendant not receiving a fair trial. “When Mexico sends its people, they’re not sending their…