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The Massachusetts Appeals Court revisited the doctrine of the first complaint witness in the recent decision of Commonwealth v. Aviles, decided on August 16, 2010. In Aviles, the defendant appealed his conviction of rape and indecent assault and battery arguing that the trial judge committed error of law in admitting…
The U.S. Supreme Court continues to chip away at the Miranda warning, dialing back the landmark protections afforded criminal defendants since the 1960s, the Associated Press reported. What is important for a defendant to remember is simply this: Never speak to authorities as the suspect in a criminal investigation without…
In two cases decided on June 15, 2010, the Massachusetts Supreme Judicial Court interpreted the resisting arrest statute of Massachusetts General Laws Chapter 268 Section 32B. The two cases were Commonwealth v. Quintos Q, involving a juvenile and Commonwealth v. Montoya. In Montoya, police officers testified at trial that they…
The United States Supreme Court further limited the holding of its landmark case of Miranda v. Arizona in the case of Berghuis v. Thompkins decided on June 2nd. In Miranda v. Arizona, the United States Supreme Court held that police must advise a defendant of the defendant’s right to remain…
A California judge issued an arrest warrant for Lindsay Lohan as she failed to appear in court for mandatory court hearing according to news accounts. The court date was to determine whether Lohan was complying with the conditions of her DUI probation. According to the news reports, it is alleged…
The Obama Administration is taking heat from Republican senators and the Chief Justice of the U.S. Supreme Court for remarks the President made during the State of the Union, which were critical of a recent Supreme Court decision regarding campaign finance reform. The independence of the court is little debated…
The Massachusetts Registry of Motor Vehicles suspended the Massachusetts license of a resident based on a DUI conviction that occurred in Colorado. Under Massachusetts General Laws Chapter 90 Section 22, the Massachusetts Registry of Motor Vehicles can suspend the Massachusetts license of a resident for a conviction in another state…
Preliminary breathalyzer test result, PBT, are inadmissible to prove a DUI offense in Massachusetts. Accordingly, if you failed a portable breathalyzer test the Commonwealth cannot offer that evidence to the jury. A case from Wisconsin raised an interesting issue of whether a defendant can offer preliminary breathalyzer test results to…
The Law Offices of Boston defense attorney Michael DelSignore wishes everyone a safe and Happy New Year. Authorities will be blanketing the area with roadblocks and increased enforcement meant to combat drunk drivers and motorists should behave responsibly and know their rights. We urge you to celebrate responsibly. But Boston…
A Massachusetts DUI stop must be based on the officer having reasonable suspicion that a motorist is committing a traffic violation or some violation of the criminal laws. In a DUI case, if there is not a lawful basis for the stop, a DUI lawyer may be able to have…