Massachusetts Criminal Defense Lawyer Blog

Jury selection is a critical part of any criminal trial in Massachusetts.  In Massachusetts, the rules have changed allowing greater attorney participation in jury selection.  The new rules permit Attorney conducted voir dire.  However, the judge still determines whether an individual shall be excluded for cause from a jury.  There…

   The Massachusetts Supreme Judicial Court will hear arguments this Friday September 7, 2018 in the case of Commonwealth v. Davis.      The case raises the issue when the police have probable cause to arrest based on a belief that someone is impaired by marijuana.  In this case, the…

Should the Office of Alcohol Testing in Massachusetts responsible for calibrating and certifying the breath test be an accredited lab?  This is the next issue before Judge Brennan in the Massachusetts breath test litigation in the case of Commonwealth v. Ananias. Judge Brennan recently granted the defense request for a…

After the Massachusetts Supreme Judicial Court decided the case of Commonwealth v. Gerhardt, many wondered how the Commonwealth would prove OUI Marijuana cases in Court.  Charges involving OUI drugs, including marijuana are difficult to prove.  However, these cases are still being prosecuted in the court. The SJC in Gerhardt did…

Why you may be able to vacate an Old OUI conviction in Massachusetts?  For the past two years, over 30 DelSignore Law clients have been involved in the breath test litigation in Concord District Court.  It was a 6:00 meeting with myself and a group of Massachusetts OUI lawyers where…

 The Massachusetts Supreme Judicial Court affirmed the dismissal of an OUI charge by a Superior Court judge after the officer did not issue a citation until 9 days after and the defendant did not receive notice until five or six months later.        The defendant in Commonwealth v.…

With an increase in OUI drugs arrests in Massachusetts, Massachusetts OUI Lawyers can expect to see an increase in OUI drugs arrests.  In serious case, there is likely to be forensic testing of blood for drugs.  In OUI alcohol cases, typically a suspect will be asked to take a breath…

Does Double Jeopardy bar prosecution for the Same crime in Federal and State Court?  A series of petition for certiorari before the United States Supreme Court ask the Court to address whether the Double Jeopardy Clause bars either the State or Federal Government from prosecuting a person for the same…

The Massachusetts SJC will soon release a decision that could have a major impact on how addiction and drug offenses are treated in Court.  The case of Commonwealth v. Julie Eldred involves a very common situation that occurs in the district courts.  The defendant agreed to a plea on the…

Celebrity rap-superstar Nelly is fighting back after allegedly sexually assaulting a Seattle woman on his tour bus back in October of 2017 and sexually assaulting two women in England, beginning in 2016. Nelly recently filed a countersuit, denying all allegations of sexual assault and rape, and requested that the amended…