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Massachusetts Criminal Defense Lawyer Blog

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Breath Test cases in Massachusetts could get dismissed as a result of serious discovery violation

For the past two years, there has been extensive litigation about the reliability of the breath test.  Judge Brennan consolidated all issues pertaining to the accuracy of the breath test in one hearing.  Judge Brennan rejected all challenges to the scientific reliability of the machine, but found that the Office…

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Life sentence upheld for man involved in police chase that led to a fatal accident

The Massachusetts Appeals Court ruled last Thursday to uphold the conviction of the Brockton man who killed a woman in a fatal car crash and injured nearly 8 others. In its decision, the court stated that the defendant should have known he was creating a strong likelihood of death of…

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Awaiting Verdict in Michelle Cater Manslaughter Trial: Psychiatrist Testifies critical for the defense

As the Michelle Carter trial continues this week, her defense team presented expert witnesses; Dr. Peter Breggin took the stand testifying in regards to his knowledge on the effects felt by juveniles whom are prescribed antidepressants. This comes after the defense had their motion to dismiss the case, for lack…

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Involuntary Manslaughter trial of Michelle Carter Motion to Dismiss Denied by Judge

After prosecutors rested their arguments in the Michelle Carter case, Judge Lawrence Moniz  denied the defenses motion to declare her not guilty based on the evidence or lack therof.  Carter, a young woman from Plainville Massachusetts is currently on trial for convincing her high school boyfriend to commit suicide in 2014; prosecutors arguing…

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SJC addresses whether Third Offense OUI can result in detention without bail under the Dangerousness statute of Chapter 58A

The Massachusetts Supreme Court will soon decide the case of Commonwealth v. Dayton, which raises the issue of whether an individual charged with an OUI third offense can be held as a danger to the community. The dangerousness statute of Massachusetts General Laws Chapter 58a, provides that a defendant can…

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Valor Act permits Massachusetts OUI Offense to be dismissed over the Commonwealth objection based on military service

The Massachusetts SJC decided an important case for Massachusetts OUI Lawyers today.  The SJC held in Commonwealth v. Morgan that the Valor Act permits a judge to dismiss a first or second offense OUI over the Commonwealth’s objection.  The SJC held that the wording of the statute did not exclude…

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