Massachusetts Criminal Defense Lawyer Blog

The United States Supreme Court held today in the case of Missouri v. McNeely that the natural dissipation of alcohol by the body did not justify a blood draw without a warrant under the Fourth Amendment. As a , the Court decision to take a case-by-case approach is consistent with…

Proving a charge of OUI drugs in Massachusetts is a difficult task for prosecutors; cases involving prescription drugs can be very difficulty as usually the Commonwealth does not have evidence of the time of ingestion and the impact on your ability to operate a motor vehicle. The Supreme Court of…

Massachusetts requires all firearms to be secured in a locked container when not in possession of the lawful owner. As a Boston criminal defense attorney, many are often confused on what is required to satisfy this statute. The recent case of Commonwealth v. Reyes decided by the Massachusetts Supreme Judicial…

Often times, those charged with illegal possession of a firearm in Boston will be arrested when the police officer never saw them in possession of the firearm at all. When a suspect is arrested without actually being in possession of the firearm the prosecution will try to prove constructive possession.…

Julie Campanini recently published an excellent article in Lawyers USA offering a number of suggestions for improving trial skills. From her experiences during trials combined with years of speaking with jurors, she noticed that many lawyers tend to unknowingly act in ways which place them in a negative light for…

When facing an assault and battery charge in Massachusetts a defendant may face the more severe charge of assault and battery causing serious bodily injury if the evidence shows the assault caused a serious bodily injury. This turns the assault and battery from a misdemeanor to a felony and carries…

As a Brockton criminal defense lawyer, a question that arises in many cases is did the officer conduct a legal stop under the Fourth Amendment. The Massachusetts Supreme Judicial Court just discussed this issue in the recent case of Commonwealth v. McKoy. In Commonwealth v. McKoy, two Brockton police officers…

A common question that frequently arises for a Boston criminal defense lawyer is: does a defendant have to be present at the scene of the drug transaction to be convicted of drug distribution? A Massachusetts court of appeals decision recently answered this question in Commonwealth v. Mgaresh. The court held…

As a Massachusetts OUI attorney, challenges to breath test and blood test evidence based on the 6th Amendment Confrontation must be made in each case as the law continues to evolve in this area. Cases from the United States Supreme Court continue to define the scope of the right of…

For those charged with reckless endangerment of a child in Massachusetts, it often involves defendants who have not personally subjected the child to danger, but have failed to protect a child from danger. The recent case of Commonwealth v. Figueroa was recently decided by the Massachusetts Appeals Court and answered…