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oui/dui

Charged With DUI Out of State? Don’t Ignore It.

Many Massachusetts residents are faced with the problem of being arrested and charged with driving under the influence (DUI) of drugs or alcohol while outside the state of Massachusetts. These individuals often wonder what effects an out of state OUI could have on them back home in Massachusetts. Many people simply plead guilty to their DUI charge, or never show up to court in the state where they were arrested, thinking that the offense will never catch up to them if they do not return to the state or to “scene of the crime” so to speak. This is completely untrue. A drunk driving case in any state spells trouble for you, both in the state where you were charged as well as back home in Massachusetts. Continue Reading

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Drug Dealers Getting Charged for Overdose Deaths

In recent years it has become popular for illegal drug dealers to mix highly potent drugs such as the heroin with a substance known as fentanyl in order to generate a more profound high for those who are taking the drug. Fentanyl is the dangerous opioid drug compound that has produced far too many deaths in Massachusetts and the New England region as a result of its use. People who receive drugs that are mixed with fentanyl have a substantially increased risk of accidental fatal overdosing. In response, prosecutors are seeing drug dealers charged for deaths resulting from the drug dealing activities.  Continue Reading

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We Fight Illegal Search and Seizure

At a hearing on a motion to suppress an illegal search and seizure, a Boston police officer testified about responding to a radio broadcast for someone wanted in connection with a domestic assault and battery. The broadcast identified the license plate of the car the suspect might be in, the vicinity it was in and warned that he may have a gun. The officer continued that the victim of the domestic assault and battery went into the station to report the crime. After the motion judge made her findings the defense attorney requested factual clarification. After some additional inquiry the judge struck the portion of the officer’s testimony regarding the victim’s in person report of the domestic assault and battery. However, in denying the motion to suppress the judge found sufficient independent corroboration based on the broadcast stating that the vehicle was heading towards the defendant’s mother’s home. In fact, there was no such evidence in the record.   Continue Reading

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Gun charges in Massachusetts

Gun Charges in Massachusetts

While the Second Amendment to the United States Constitution gives citizens the right to bear arms, i.e., own guns, there are many federal regulations and state laws that apply to gun ownership. There are many laws in place that criminalize certain gun activity, and an individual who is caught by law enforcement engaging in illegal gun activity could face severe punishment. There are many times when a criminal defendant finds him or herself facing gun charges in Massachusetts. Anyone who has been charged with a gun offense or other weapons offense needs to consult with an experienced Massachusetts criminal defense lawyer immediately. Continue Reading

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Massachusetts OUI Defense

From Out of State and Got a DUi in Massachusetts

Many friends and relatives will be visiting loved ones in Massachusetts throughout the year. Yet the holidays and vacations are a time for social gatherings and parties where alcohol is commonly served. There is no doubt that there will be some people who will get a little too drunk to drive but will get behind the wheel of a vehicle anyway. Being arrested for driving under the influence (DUI) is an unfortunate circumstance that is made all the more difficult if you are from out of state and got a DUI in Massachusetts. Continue Reading

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Reasonable Suspicion

No matter what time of day or night law enforcement in Massachusetts is out patrolling the highways and roads to keep drivers safe. Law enforcement will be on the lookout for anything that seems to be amiss amongst drivers on the road, and they will be making traffic stops if they believe that drivers have violated the law. A law enforcement officer must have reasonable suspicion that a driver has violated a traffic law before he or she may pull a vehicle over to the side of the road. If the traffic stop reveals evidence that gives the police officer probable cause to make an arrest, then he or she will make an arrest as appropriate. Continue Reading

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Fingerprint Evidence

It is common for client’s to ask me about fingerprint evidence. I am often asked the following questions: Will the prosecution test evidence for fingerprints? What if my prints are on the item? Should we get out own fingerprint expert? Will it help if my prints are not found at the scene? In other words, should we test the evidence if the prosecution doesn’t? My answer naturally depends on the individual circumstances of each case. A recent Massachusetts Supreme Judicial court case will likely make the answer to one of these questions much clearer to my clients. Continue Reading

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Massachusetts Drub Lab Scandal

The floodgates are now open to around 20,000 (twenty thousand) defendants whose convictions may have been tainted by Annie Dookhan’s corrupt, callous and criminal misconduct. On January 18, 2017 the Massachusetts Supreme Judicial Court decided the case of Bridgeman v. District Attorney for the Suffolk District, et al. SJC 12157. In Bridgeman the Court created a remedy for people whose cases may have been impacted by tainted Massachusetts drug lab conclusions. The Court adopted a protocol to be applied on a case-by-case basis more fully laid out below. The net effect will likely be the reversal and dismissal of thousands of convictions linked to Annie Dookhan’s wrongdoing. Continue Reading

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Recreational Use of Marijuana

On the November ballot, Massachusetts voters had the opportunity to legalize the recreational use of marijuana in limited quantities. The voters have spoken, and starting December 15, 2016, it will be legal in Massachusetts for individuals who are over the age of 21 to possess small amounts of marijuana under House Bill 1.561. It will also be legal for residents to grow small amounts of marijuana in their private homes. Users can transport not more than 10 ounces of marijuana, and not more than 10 pounds of marijuana products (i.e., treats, confections, or other consumables). Continue Reading

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Dookhan Drug Testing Lab Scandal

In November the Massachusetts Supreme Judicial Court struggled with the question of how about best to handle the aftermath of the Dookhan drug testing lab scandal, according to the Boston Globe. Annie Dookhan worked as a chemist in a Massachusetts drug testing lab where she produced test results that were used in over 24,000 criminal cases as evidence against defendants accused and convicted of drug crimes. The problem is that because Ms. Dookhan mishandled at least some of the drug samples for a fact, and falsified her test results data, countless criminal defendants may have been convicted on bad evidence. Continue Reading