Massachusetts Criminal Defense Lawyer Blog

In Massachusetts, as in many other states, a driver’s prior DUI conviction could increase the severity of any subsequent DUI offenses charged by the district attorney. Many states have laws that enhance penalties for repeated DUI offenders, and even make it a crime to refuse to take a breath test…

As a Massachusetts criminal defense attorney, I defend students arrested by college or university police on criminal charges. Clients are often surprised to learn that campus police – or public safety officers – are limited by Massachusetts state law from many law enforcement duties of regular city and state police…

Two tragic DUI related accidents have resulted in charges in Connecticut for reckless endangerment as a result of failing to prevent the minor from driving drunk, causing the fatalities. As a Massachusetts DUI Lawyer, these cases raise issue of national significance and could set precedent for prosecuting failing to prevent…

Building on the state high court’s recent decision in Commonwealth v. Canty, the Massachusetts Court of Appeals held a booking officer’s testimony in an OUI trial inadmissible to the extent that the officer stated his opinion about a defendant’s inability to safely operate a vehicle. This decision affirms the restrictions…

The United States Supreme Court in Turner v. U.S. may soon decide on the constitutionality of admitting surrogate expert testimony against a defendant in a drug federal drug case. Massachusetts criminal defense attorneys should expect this decision to clarify earlier Supreme Court precedent in Williams v. Illinois on the question…

The Supreme Judicial Court of Massachusetts has just ruled that the mere existence of marijuana stored in individual bags on a juvenile does not necessarily establish probable cause for a possession and distribution charge. Massachusetts criminal defense attorneys may use this case to challenge charges of possession with intent to…

A California trial judge presiding over the OUI trial of People v. Vangelder was recently affirmed by the California Supreme Court when he prevented a jury from listening to expert testimony on the general unreliability of scientific techniques underlying breathalyzer tests. If appealed to the U.S. Supreme Court, this decision…

Massachusetts OUI arrests by College Campus police may raise legal defenses that an experienced Massachusetts OUI attorney could raise in court. Campus police – or public safety officers – are limited by Massachusetts state law from many law enforcement duties of regular city and state police officers, and arrest made…

The Massachusetts Supreme Judicial Court ruled yesterday that the School Zone statute amendment applies to pending cases. Last year the legislature reduced the scope of the school zone statute by requiring the drug distribution crime to be within 300 feet of a school zone rather than a thousand feet from…

The Wyoming Supreme Court has upheld digitally transmitted court authorizations for search warrants as permissible under the Fourth Amendment. Some states, such as Wyoming, already allow judges and clerks to issue search warrants without a formal written application by the officer or prosecutor. As a Massachusetts Criminal Defense Lawyer, the…