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What happens if you are arrested at an OUI roadblock? In this Blog, I will explain the three things you need to know to confront the charge. First, understand that your first court appearance will be for arraignment. This is not a date that the court expects you to resolve the…
The news this week of errors with breath testing in Massachusetts has had a major impact on the prosecution of drunk driving cases and raises the potential of hundreds of wrongful convictions and or wrongful pleas that were not supported by accurate evidence. One reason this has occurred is the…
According to a news report in MyFoxBoston, Prosecutions in Essex County have stopped using breath test results as a problem has arisen with the calibration of the machine. This report was confirmed by several other media outlets. According to one report, the problem arose in a case out of the…
Where does the case against Ernest Wallace and Carlos Ortiz stand? While the prosecution did a great job proving that Aaron Hernandez orchestrated a murder, the charges against Ortiz and Wallace seem to be based on the fact that they were present with Hernandez at the time. Mere presence at…
In the end, the detail after detail that the prosecution provided convinced the jury beyond a reasonable doubt that Hernandez murdered Odin Lloyd. Jurors spoke after the verdict with one juror leading the discussion and indicating that the testimony of Robert Kraft was critical as Hernandez would not have known…
The prosecution rested its case against Aaron Hernandez today after 39 days of trial. Friday, the parties will address legal issues relating to a motion for required finding of not guilty by the defense, where the defense attorneys will argue to the judge that the Commonwealth has not presented enough…
Last week during the Aaron Hernandez trial there were a few great examples of cross examination issues that reoccur at criminal trials. One was impeaching a witness with a prior inconsistent statement. During the Cross Examination of Hernandez Lawyer Michael Fee, the witness, Kwami Nicholas continued to deny making any…
The state’s highest court decided this week to uphold Shrewsbury police Chief Gemme’s decision to revoke a Raymond Holden’s license based on an assault and battery charge that was ultimately dismissed. The case is important for those looking to apply for an LTC or those who fear suspension or revocation,…
The case against Aaron Hernandez is circumstantial; sometimes in the minds of the public this makes for a weaker case. While circumstantial evidence is viewed as lesser evidence by the public and likely by a jury, under the law, the two forms of evidence direct and circumstantial are viewed as…
The trial judge presiding over the Aaron Hernandez murder trial in Fall River has just reversed a critical decision she made on Wednesday that could have been fatal to Hernandez’s case. During trial on Wednesday, the prosecution called an employee of the gun manufacturer Glock to testify about home surveillance…