The Cross Examination of Alexander Bradley had many points where as a criminal defense lawyer I intend to borrow from Attorney Baez’s style. This was a perfect example of a cross examination of a confrontational and difficult witness who would not want to concede anything to the defense. While at…
Massachusetts Criminal Defense Lawyer Blog
Breath Test evidence in Massachusetts excluded for cases prior to September 14, 2014 while Judge finds the Breath Test Scientifically Reliable
It was a partial victory for Massachusetts OUI Lawyers as the judge overseeing the Stateside breath test litigation, ruled that the breath results shall be excluded if the machine was calibrated prior to September 14, 2014, based on lack of standards and procedures for conducting the annual certification. The Judge…
Judge denies bail for the widow in the pulse nightclub shooting
The Orlando shooter’s widow, Noor Salman was denied bail pending her upcoming trial. Often, in a serious case involving death, a defendant will be held without bail as the Court concludes no amount of money will ensure the person’s appearance in court. Since bail is not meant to punish someone…
Massachusetts SJC outlines process for dealing with Annie Dookhan Drug lab scandal
Recently, the Massachusetts Supreme Judicial Court addressed a plan to handle the numerous potentially-tainted drug cases that are a result of Annie Dookhans mishandling of evidence. Originally, there were several indications that the criminal justice system would adopt a blanket approach to handling the cases; many people called for complete and utter…
Can Anxiety and depression be a defense to a DUI charge in Massachusetts?
When a person is pulled over and ultimately arrested for a drunk driving called OUI in Massachusetts and DUI in most parts of the country, most people would inherently draw a link between drinking and driving. Teenagers, especially, are quick to be stereotyped and labeled for this “behavior”. What if…
Massachusetts Recreational Marijuana Laws May Face Changes
Back in November of 2016, Massachusetts voters ultimately voiced their opinion and voted for the legalization of recreational marijuana. Supporters of such legalization have argued that the new law would take marijuana out of the ‘black market’ and would be subjected to applicable tax; marijuana would produce tax dollars for…
Review of SJC oral argument in Gerhardt case regarding admissibility of field sobriety tests in OUI marijuana arrests
The Massachusetts Supreme Judicial Court heard oral argument in the case of Commonwealth v. Thomas Gerhardt raising the issue of whether field sobriety tests should be admissible for an OUI marijuana arrest. While it is difficulty to predict how judges will decide from questions, here are my thoughts. The Justice…
Can Aaron Hernandez’s tattoos be consider evidence Suffolk Superior Court Judge to rule in double murder trial
Can tattoos be consider evidence of a crime the same as if a person makes a confession to the police? As a Massachusetts criminal defense lawyer, I would expect the judge to say that the tattoos cannot be admitted into evidence; however, this issue is before the Superior Court judge…
Field sobriety tests: are they reliable for OUI marijuana, Massachusetts SJC to hear argument next week
On January 6, 2017 the Massachusetts Supreme Judicial Court will hear oral arguments in the case of Commonwealth v. Thomas Gerhardt. This case raises the issue of whether field sobriety tests, which are routinely used to determine whether someone is under the influence of alcohol, can additionally be used to…
What to do if arrested for OUI in Massachusetts on New Year’s Eve?
DUI arrests on New Year’s Eve are often the result of polcie officers looking to make arrests; often police departments will receive extra grant money for New Year’s Eve. Some of those arrest will be drinking socially and not under the influence, but arrested anyway and will have…