Massachusetts Criminal Defense Lawyer Blog

Learn the Process in Court when charged with OUI out of the Westborough District Court

January 13, 2015 | by Michael DelSignore

Drivers who were stopped and charged with an OUI out of Westborough can expect to appear before the Westborough District Court for pretrial matters. As the case progresses towards trial, the case will be transferred to the Worcester Trial Court, where it will be scheduled for a jury session.

When you face an OUI charge out of Westborough, your case will first be heard at the courthouse at 186 Oak Street – right off of Route 9. There you will be arraigned by the court, and will be asked whether you will be representing yourself or if you have retained a lawyer. If you cannot afford a lawyer, you should speak with the probation office to determine whether you are eligible for a court-appointed lawyer.

Following the arraignment, you will be given later court dates on which you will appear with your lawyer. The court will also schedule later dates to hear motions by either party. During these later court dates, you will have an opportunity to discuss additional evidence that the district attorney has not provided at the first court date as well as discuss a resolution of the case. For someone charged with a First OUI with no record, the standard plea offer is a CWOF or continuance without a finding on the OUI charge. I have discussed this type of resolution on my website.

Understanding the Jury Selection Process in the Hernandez Murder Trial

January 12, 2015 | by Michael DelSignore

With Hernandez’s first murder trial underway, scores of potential jurors have started appearing at Bristol County Superior Court to prepare for empanelment for this highly publicized trial. Hernandez’s first murder trial (for the murder of Odin Lloyd) began on Friday, January 9th and is expected to last several weeks. The double homicide prosecution in Suffolk County has been pushed off till later in the year, to allow Hernandez’s defense team an opportunity to complete the first trial this month.

The Significance of the Jury Selection Process

The jury selection process is one of the most important stages of a trial for both the state and the defendant. Despite the public’s perception of this trial stage, the jury selection process can often be one of the most complicated and most thought-provoking stages for litigators – especially with the enactment of a new law that allows attorneys to now question potential jurors directly (to take effect next month). But because the actual interview and selection process happens quietly at the judge’s bench and through written questionnaires, most jurors have very little awareness of what goes on at this stage, and are more likely frustrated by the lengthy wait times and constant questioning.

Review of Lawyer Marketing Podcasts

January 7, 2015 | by Michael DelSignore

One of the great things about cell phones is that we have an almost unlimited access to information. The difficulty is figuring out what information is worth listening to . I have discovered an excellent Podcast on the internet called the JD Blogger Podcast. He is a plaintiff debt collection lawyers but provides very useful information for lawyers.

He often recommends new technology and discusses some of the methods he has used to improve his marketing. He focuses on content marketing and has a very informative websites and Blog. I have also adopted a more content focus approach so find his information helpful. There is a debate among lawyers about the best way to market, in terms of pay per click and trying to rank organically. While I am sure there are many lawyers who are successful with pay per click, it has not worked well for me. I plan to give it another try but have not found a great way to test it.

Podcasts like the JD Blooger I enjoy because as a solo lawyer it is helpful to get new ideas and hear about how other lawyers are running their practice. Typically, on the podcast JD Blogger will promote a new technology useful for lawyers and in the recent Podcast discussed setting up a Podcast and the technology he uses to launch his Podcast.

Police Increase enforcement of Massachusetts OUI Laws over New Year’s Eve

December 31, 2014 | by Michael DelSignore

New Year’s Eve is a time for increased DUI patrol. Police are always looking to crack down on drunk driving, but New Year’s Eve sees a greater police presence. It is important to be careful and consider public transportation or taking a taxi when driving in Massachusetts tonight.

Getting arrested for DUI even if you are found not guilty is an enormous stress for all of my clients. It impacts their work, health and family situation. As a Massachusetts OUI Lawyer, I frequently have to discuss difficult choices with people in proceeding through the legal system after an OUI arrest.

If it is not possible to avoid driving or consuming alcohol, there is always a chance that you will be subject to an arrest for OUI because the crime is based on opinion. Before driving after consuming alcohol, make sure you understand how much you drank and its impact on your ability to drive. Also, make sure you correctly calculate how much you consumed. One of the more frequent mistakes that can lead to an arrest is assuming that one glass of wine is really just one glass of wine. At nicer restaurants the size of the glass makes one glass closer to two glasses.

Montana Jury rejects Stand-Your-Ground self-defense in Murder trial

December 20, 2014 | by Michael DelSignore

A Montana jury recently rejected a “stand your ground” defense offered by a defendant charge with the murder of a German exchange student earlier this year. The defendant argued that he was only acting out of self-defense in protecting his home against intrusion by burglars, but the jury instead found the defendant guilty of deliberate homicide.

The victim in this case was a 17-year old German exchange student who was lured by the defendant into the defendant’s garage using a purse left in plain sight inside the open garage. Witnesses testified that the defendant and his girlfriend planned to capture suspects of prior burglarizes, believing that local law enforcement were not responding effectively. A hair stylist also testified that the defendant himself told her that he would be killing the teenagers who were responsible for the break-ins, and that he had been on a stake-out waiting for the burglars to accept his bait. When the exchange student finally entered the garage, the defendant fired multiple shotgun rounds at him, ultimately killing him on sight.

Self-Defense Laws

Washington Appeals Court address Right to Remain Silent in recent decision

December 19, 2014 | by Michael DelSignore

The Constitution protects us when we make statements under police interrogation without being advised of our rights, or when we decide not to make any statements at all. One of the key rights stated in a Miranda warning is the right to remain silent. This right guarantees that a defendant will not be portrayed in a negative light before a jury simply for choosing not to respond to a question posed by police. But a Washington Court of Appeals recently ruled that a prosecutor is allowed to reference the defendant’s post-arrest silence because the reference to the defendant’s silence was not made with the intention proving the defendant’s guilt.

The Recent Case of Washington v. Price

In the matter of Washington v. Price, the defendant was pulled over by police after they observed him run a stop sign and hit a curb while turning. During the traffic stop, the officers noticed signs of intoxication and also discovered that he was operating with a suspended license. The officers then informed the defendant that he was under arrest, and ordered him to exit the vehicle. The defendant refused to comply, so the officers tazed the defendant.

Hernandez defense team attempts to block evidence of prior criminal behavior from trial

December 9, 2014 | by Michael DelSignore

Aaron Hernandez’s defense attorneys are once again asking the trial court to prevent the prosecution from raising certain evidence against Hernandez during his murder trial in the Fall River Superior Court. In particular, FOX25 News reports that the motion seeks to exclude eight separate instances of the defendant’s past behavior that have no direct relation to the investigation of the Odin Lloyd murder. but, if admitted, would likely portray Hernandez in a very negative light. Among these “prior bad acts” include a TMZ photograph of Hernandez holding a gun, evidence of firearms and ammo located near Hernandez’s North Attleboro home, and evidence of the Hernandez’s involvement in the 2012 double murder from Suffolk County, a 2013 incident outside a Provide night club, and the Florida shooting of Alexander Bradley in 2013.

Massachusetts Evidence Rules and Trial Practice

Admission of evidence in a Massachusetts trial is regulated by common law – or case law, derived from past decisions of the state’s highest courts. These courts also look to some federal law, as well as the codified federal rules of evidence, for additional guidance. Because Massachusetts does not have a codified set of rules of its own, however, there is often greater room for argument on evidentiary issues in the state’s courts.

Supreme Court hears Fourth Amendment challenge to warrantless police searches of hotel guest lists

December 8, 2014 | by Michael DelSignore

The U.S. Supreme Court has agreed to hear the City of Los Angeles’ appeal of a Ninth Circuit decision holding that a city ordinance requiring hotels to maintain detailed records of each guest’s identity and personal information unconstitutional. In a split decision, the Ninth Circuit found the ordinance to violate the Fourth Amendment on its face, and prevented LA police from accessing the register without a search warrant or the hotel’s consent.

Hotel Registries and the Right to Privacy

In most jurisdictions, each hotel guest is required to provide certain personal identification information. Not only does this information serve basic record keeping functions necessary to hotel management and guest services, but it may also be used by law enforcement under a legislative enactment. For example, a current Massachusetts statute requires hotel administrators to maintain a registry of names of hotel guests, and to produce this information to law enforcement upon request. And unlike various other forms of searches and seizures, the state Supreme Judicial Court has upheld this statute as constitutional under the Fourth Amendment.

United States Supreme Court to determine whether threats are protected free speech under First Amendment

December 6, 2014 | by Michael DelSignore

Many crimes require proof that the defendant specifically intended to cause the harm alleged by the crime. In Massachusetts, obtaining a civil harassment protective order requires the complainant to prove that the defendant intentionally placed someone in fear of harm using their words or acts. Just recently, however, the Supreme Court heard arguments to determine whether the First Amendment actually protects such expressions, if the speaker/actor did not intend to place anyone in fear.

Threats and First Amendment Protection

It is a federal offense to transmit any communication threatening to injure another person. The Supreme Court has repeatedly held the First Amendment does not protect individuals who threaten others, whether in person, by phone, email, or even social networking programs. But until today, the Court has never explained how a trial judge should determine what a “true threat” is, such that it would not be protected by the First Amendment. More specifically, the Court has not determined whether a threat is only a true threat if the speaker/actor intended to place another in fear, or whether it is enough that a reasonable person would be put in fear.

Marijuana Breath Tests in Development at Washington State University may result in increased OUI Drugs arrests

December 4, 2014 | by Michael DelSignore

A Washington State University professor is currently developing the first portable breathalyzer that tests for marijuana substance consumed by a driver. Washington law enforcement agencies are particularly enthusiastic about the test, as more and more drivers are operating while under the influence of marijuana in one of only two states who have legalized marijuana.

Currently, law enforcement can only test for marijuana consumption through blood tests at a lab. These tests are time consuming, complicated, and expensive. The new marijuana breath test is designed to detect a primary chemical ingredient – THC – in the driver’s breath immediately after the driver is pulled over. A portable breath test for marijuana will enable officers to more accurately identify drivers who operate while under the influence of marijuana, by allowing them to rely on the breathalyzer’s measurements rather the officers’ own observations.

Like most alcohol breathalyzers, marijuana breathalyzer devices will likely be susceptible to error. There are currently several ways for an experienced criminal defense attorney to challenge the results of an alcohol breathalyzer – from the manner in which the test was administered to the significance of the chemical ingredients that a breathalyzer actually detects and measures. These challenges could also be expected in a prosecution relying on a marijuana breathalyzer test result. But still, the invention of a marijuana breathalyzer is likely to lead to substantially tougher prosecution of this type of offense – not only in Colorado and Washington where driving while under the influence of marijuana is explicitly a crime, but in other states as well. USA Today along with several media outlets reported on this story.