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Massachusetts Criminal Defense Lawyer Blog

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United States Supreme Court to hear oral arguments in the case of Kentucky v. King addressing the Fourth Amendment Exigent Circumstance exception to the warrant requirement.

On January 12, 2011, the United States Supreme Court will hear oral arguments in the case of Kentucky v. King. This case addresses the issue of what test should courts apply when police conduct creates the exigent circumstances relied on as the exception to the warrant requirement. The briefs in…

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Brockton, Massachusetts criminal defense lawyer comments on recent decision involving Miranda warnings from the Florida Supreme Court.

As a Brockton Criminal defense lawyer, a recent case from the Florida Supreme Court raises significant issues regarding when and how police must provide Miranda warnings under the Constitution. The case of Ross v. State, is a case where the defendant was convicted of first degree murder of his parents…

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Massachusetts drug crimes lawyer comments on case before Maryland Court of Appeals regarding disclosure of confidential informant

In many Massachusetts drug arrests, the police will claims as a basis for obtaining a search warrant of a residence that a confidential informant provided information that the residence was being used for drug trafficking or distribution. As a Massachusetts drug crimes lawyer, it is sometimes necessary to file a…

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Forensic science plays role in few Massachusetts criminal cases

The Boston Globe recently published an excellent report on the impact television forensic shows, such as CSI, have in the real-world courtroom. In reality, a Massachusetts criminal defense lawyer can frequently challenge the available evidence in many crimes — it is the defendant’s statements that are much more likely to…

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The Massachusetts Court of Appeals decided a significant case for Massachusetts Domestic Assault and Battery Lawyers

The Massachusetts Court of Appeals decided a significant case for Massachusetts Domestic Assault and Battery Lawyers. In Commonwealth v. Belmer, decided October 14, 2010, the Massachusetts Appeals Court permitted an affidavit in support of a 209A restraining order to be used as substantive evidence. This ruling was critical because the…

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Challenging a Massachusetts OUI drug charge in Court and attacking the drug recognition officer

Charge of driving under the influence of drugs, DUI or OUI drugs are on the rise in Massachusetts and throughout the country. Police departments have undertaken increased training of officers in order to detect motorists under the influence of drugs. A charge of OUI drugs in Massachusetts can be difficult…

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United States Supreme Court to hear oral argument in Sixth Amendment Confrontation Clause case of Michigan v. Bryant

The United States Supreme Court will hear oral argument in the Sixth Amendment Confrontation Clause case of Michigan v. Bryant on October 5th. In Bryant, a case from Michigan, the victim of a crime was injured from a gunshot wound and gave a description of the shooter to police. The…

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Drunk Driving charges in 79 cases could be dismissed as a result of allegations that California police officer falsified police reports to justify DUI arrests

A Sacramento police officer, Brandon Mullock, is accused of falsifying information on 79 DUI police reports. In some of these cases, the State has already obtained a conviction. The fabrication of the officer was discovered when a prosecutor noticed that the police dashcam differed substantially from the written police report…

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Lindsay Lohan case illustrates risks of probation violations after a First Offense Massachusetts OUI plea resulting in a CWOF

Anyone facing Massachusetts OUI charges or probation for a similar offense can learn something from the case of Lindsay Lohan. What is often lost in the ongoing saga of Lohan and her trips through jail and alcohol and drug rehabilitation centers is a simple, startling fact: All of her legal…

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Judge denies right to public trial resulting in Massachusetts Appeals Court overturning conviction

The Massachusetts Court of Appeals vacated a conviction in the case of Commonwealth v. Wolcott when the defendant was denied her right to a public trial as a result of the trial judge closing the courtroom. The Wolcott decision is an important decision as it emphasizes that Massachusetts criminal defense…

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