Massachusetts Criminal Defense Lawyer Blog

In criminal cases, testimonial hearsay is usually not allowed and will be inadmissible at testimony. Hearsay testimony would be somebody taking the stand and explaining what somebody else said. The United States Constitution and specifically the confrontation clause grants every defendant in a criminal trial the right to confront witnesses…

As a Massachusetts OUI Attorney, it is quite apparent that OUI cases involving drugs are on the rise as more officers received training in drug recognition techniques, commonly known as a DRE evaluation. A charge based of OUI drugs has many of the same defenses involved with alcohol in that…

In one of the most publicized criminal case in recent history, George Zimmerman who is being tried for murder in the death of Trayvon Martin has drawn an all-female jury. As a Massachusetts criminal defense attorney, the jury selection process is a very important step in setting up a criminal…

The United States Constitution guarantees every criminal defendant a right to a fair and speedy trial. One way a trial is deemed fair is to have an impartial jury decide the fate of the case. To ensure a jury is impartial, both the defense and the prosecution will select the…

What happens when you attempt to take field sobriety tests and realize you cannot perform them and are charged with OUI in Massachusetts? Often a defendant may say: “I can’t do this anymore,” and “I am too drunk to finish,” are some of the many comments made by defendants as…

As a Massachusetts OUI attorney, there will be rare cases where a driver had no intention of driving, but because of some sort of disorder or episode, got behind the wheel without any intention of driving. A question in these cases arises when the person driving is drunk and whether…

The United States Constitution protects citizens from ex post facto laws. What this means is that a person cannot be punished for breaking a law that was not a law when they committed the act. This will be true even when the act becomes against the law after they committed…

Decriminalizing and making marijuana legal is a growing trend throughout many states. However, even when legal, it is still an offense to drive under the influence of marijuana. As a Massachusetts OUI Defense Attorney, this creates problems as it is much more difficult to measure the presence of marijuana in…

As a Massachusetts OUI defense lawyer, often an argument made at trial is that a motorist drank responsibly and only had one or two drinks with dinner. The proposed reduction of the presumptive legal limit would have potentially impose criminal penalties on those who drink responsibly. Fortunately, the proposal is…

One of the most common charges when a defendant is charged with a domestic assault and battery in Westborough, Massachusetts, is that the charge will also be accompanied by a charge of Witness Intimidation. The Massachusetts Appelals Court recently addressed the issue of what constitutes witness intimidation in the case…