There are often times when police officers have to rely on anonymous callers who dial 911 to tip police off on a crime they had observed. Whenever a defendant is arrested as a result of such a tip, the trial court must determine the caller’s reliability before allowing the case…
Massachusetts Criminal Defense Lawyer Blog
HGN test ruled in admissible by the Kansas Supreme Court during DUI trial
The Kansas Supreme Court recently issued a decision dismissing one of the most controversial pieces of evidence used in an OUI trial – the horizontal gaze nystagmus test (HGN). Finding no evidence to support the reliability of HGN test results, the high court forbade trial judges from admitting HGN test…
New Jersey Legislature to vote on Bill requiring interlocking ignition devices for all DUI convictions
New Jersey legislators are voting on a bill that would require the installation of an ignition interlock device for all drivers convicted of a DUI. If enacted, this bill would require all drivers operating a motor vehicle within a period of time after their DUI conviction to periodically breathe into…
Reasonable doubt in a Massachusetts criminal trial defined by the SJC
The Massachusetts Supreme Judicial Court has just issued a decision establishing a single definition of reasonable doubt, the standard by which jurors are to find the defendant guilty of a crime. The decision, published and released under the case heading of Commonwealth v. Gerald Russell, marks a significant effort to…
SJC rules in favor of Defendant in license suspension case
The Massachusetts Supreme Judicial Court has just issued an important decision in the license suspension case of Commonwealth v. Oyewole (click here for my previous blog on the case). After the Appeals Court rejected the defendant’s arguments that he was not properly notified of his suspension, the Supreme Judicial Court…
SJC rules in favor of Aaron Hernandez in Suffolk County Double Homicide case
The Supreme Judicial Court quashed a Grand Jury subpoena approved by a Suffolk Superior Court judge that required Aaron Hernandez’s defense lawyers to turn over his cellphone, the Boston Herald reports. According to the SJC, the subpoena was an attempt by prosecutors to misuse the Grand Jury to obtain evidence…
Learn the Process in Court when charged with OUI out of the Westborough District Court
Drivers who were stopped and charged with an OUI out of Westborough can expect to appear before the Westborough District Court for pretrial matters. As the case progresses towards trial, the case will be transferred to the Worcester Trial Court, where it will be scheduled for a jury session. When…
Understanding the Jury Selection Process in the Hernandez Murder Trial
With Hernandez’s first murder trial underway, scores of potential jurors have started appearing at Bristol County Superior Court to prepare for empanelment for this highly publicized trial. Hernandez’s first murder trial (for the murder of Odin Lloyd) began on Friday, January 9th and is expected to last several weeks. The…
Review of Lawyer Marketing Podcasts
One of the great things about cell phones is that we have an almost unlimited access to information. The difficulty is figuring out what information is worth listening to . I have discovered an excellent Podcast on the internet called the JD Blogger Podcast. He is a plaintiff debt collection…
Police Increase enforcement of Massachusetts OUI Laws over New Year’s Eve
New Year’s Eve is a time for increased DUI patrol. Police are always looking to crack down on drunk driving, but New Year’s Eve sees a greater police presence. It is important to be careful and consider public transportation or taking a taxi when driving in Massachusetts tonight. Getting arrested…