An important type of insurance coverage is uninsured motorist coverage. This coverage protects you if you are involved in an accident with someone that does not have any insurance or has insufficient insurance. Recently, there was a case decided by the Massachusetts Appeals Court determining the scope of this type…
Massachusetts Criminal Defense Lawyer Blog
Massachusetts SJC to decide whether police can stop for one crossing of the fog line
The Massachusetts Supreme Judicial Court will review a motion to suppress that was allowed out of the Eastern Hampshire District Court where the judge found that a single crossing of the fog line for 2 to 3 seconds did not provide reasonable suspicion for a traffic stop and was not…
Understanding Miranda Rights and what it means to Waive Miranda
As a Massachusetts Criminal Defense Lawyer, one of the most important areas of law to understand is how to gets statements excluded as in violation of your clients rights under Miranda v. Arizona. In a serious case, the difference between winning and the client accepting a plea may be your…
Massachusetts OUI Roadblock upheld despite Constitutional challenge to site selection data
The Massachusetts Appeals Court decided the case of Commonwealth v. Emerton. In this case, the defendant was arrested at an OUI Roadblock on Soldiers Field Road in Brighton and the case was heard in the Brighton District Court. Soldiers Field road is an area where the State police have been…
Massachusetts SJC hears Michelle Carter’s Appeal of her conviction for involuntary manslaughter
The Massachusetts Supreme Judicial Court heard oral arguments in the case of Commonwealth v. Michelle Carter yesterday. In this Blog, I have outlined some of the key issues that the SJC addressed during the oral argument. Was there sufficient evidence to convict Carter of involuntary manslaughter? The defense lawyer argued…
Massachusetts OUI Lawyer explains how to defend a case alleging alcohol combined with drugs caused impairment
Under Massachusetts OUI Law, the prosecutor does not have to prove that alcohol is the sole cause of the impairment. I had this issue in a recent trial where the Commonwealth was attempting to allege that my client was impaired through the combined impact of alcohol and marijuana. …
What is the process at DelSignore Law for defending a DUI charge in Court
In this blog we outline our process for taking a case to trial at DelSignore Law. All cases are different but in general this is out approach that we use in every case. Early on in the process, I start preparing the cross examination and outlining the closing statement. I…
United States Supreme Court to address whether double jeopardy permits federal and state prosecution for the same crime
The United States Supreme Court has granted Certiorari in the case of Gamble v. United States that raises the issue of whether the Double Jeopardy Clause precludes prosecution for the same offense by the federal and State Government. The case of Terrance Gamble involves a 2008 conviction from Alabama…
Massachusetts SJC to decide if juror who states justice system is unfair to black Americans can be excluded for cause
The Massachusetts Supreme Judicial Court will address a case that will have an important impact on the way juries are formulated in Massachusetts. The case is Commonwealth v. Quinton Williams, where a judge allowed the prosecutor to excuse for cause a juror that stated that Black American are treated unfairly…
SJC Oral argument in Commonwealth v. Davis focus on probable cause to arrest for OUI marijuana
The Massachusetts Supreme Judicial Court heard oral argument in the case of Commonwealth v. Davis. The Justice had to determine what is the standard to determine if there is probable cause to arrest a driver for being impaired by marijuana. In the Davis case, the defendant was stopped for speeding, the…