If you hurt someone while drunk driving in Massachusetts, you may be charged with multiple counts, some of which may seem quite similar. In a recent case, a Massachusetts defendant was convicted of (1) drunk driving (operating under the influence or OUI), (2) drunk driving that caused a serious bodily…
Boston Criminal Defense Lawyer Blog
Protective Sweeps in Massachusetts
In a recent case, a Boston Municipal Court granted the defendants’ motion to suppress evidence based on a protective sweep. The sweep arose when a Massachusetts State Trooper ran a license plate check on a Mercedes. The car’s owner had an active warrant for operating his car on a suspended…
Prior Bad Acts in Massachusetts Domestic Violence Cases
It is not uncommon for Massachusetts domestic violence cases to arise after multiple violent acts by the defendant. Some of these may be documented by the police. Others are only known to the two partners. Whether the judge will permit testimony about a defendant’s previous treatment of his or her…
Unlawful Carrying of a Firearm in Massachusetts
In a recent non-precedential case, a Massachusetts defendant was charged with unlawful possession of a firearm. He was subject to enhanced penalties. A judge granted the defendant’s motion to suppress evidence of the firearm. The case arose when a uniformed police officer was standing outside a bar that he routinely…
Showing Someone Else Committed a Drug Crime in Massachusetts
In Massachusetts, there are five different categories of controlled substances that are grouped based on their composition. Class A includes designer drugs and heroin. Class B includes methamphetamine, cocaine, ecstasy, and oxycodone (obtained without a prescription). Class C includes various hallucinogenic drugs and prescription narcotics like Vicodin. Class D includes…
Threatened Battery and Assault in Boston
In a recent case a jury convicted a defendant of assault by means of a dangerous weapon. In the version of events that prevailed, Nathan and David came to the defendant’s residence in order to talk to Nathan’s then-girlfriend. The girlfriend had been living with Nathan but didn’t come home…
Showup Identification in Massachusetts Assault Case
In a recent case, a man appealed a judge’s ruling on a motion to suppress after being convicted of assault and battery with a dangerous weapon. The case arose when Boston police officers received 911 telephone calls that reported a robbery on a street near the intersection of Coolidge Road.…
Search Warrant Requirements in Massachusetts
In a non-precedential case, the Massachusetts appellate court considered a case involving marijuana transportation from New York to homes in Massachusetts. There were many vehicles and people involved in transporting it. The Commonwealth applied for and received two search warrants in connection with the contraband. The affidavit it submitted was…
Miranda Rights in a Massachusetts Investigatory Stop
Miranda rights are frequently misunderstood. When police officers take a suspect into custody intending to conduct an interrogation, they must advise the suspect of his (1) right to remain silent, (2) that what he says can be used against him/her, (3) right to an attorney and that one will be…
Disorderly Houses in Massachusetts
Boston police officers and those from neighboring suburbs are cracking down on local parties and particularly tracking houses that have a lot of noise and other complaints. Recently four Boston University Students were charged for repeatedly throwing wild parties at a house in Allston and held for three nights in…