Case Studies

Friday
6
Jun
2014

Deportation Warnings in Mass.

The Supreme Judicial Court recently decided the case of Commonwealth v. Dejesus. The defendant pleaded guilty to possession of cocaine with intent to distribute. Before he decided to plead guilty he spoke with his lawyer about the possible immigration consequences and his lawyer told him that he was “eligible for deportation” once a conviction was […]

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Friday
28
Mar
2014

Field Sobriety Statements

     The Massachusetts Appeals Court decided a case in 2013 (Commonwealth v. Brown) that dealt with the issue of whether statements made by a defendant while performing field sobriety tests are admissible at trial. A all defense lawyers know, the results of field sobriety tests are a common tool used by the police to prove that an […]

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Friday
21
Mar
2014

OUI vs. DWI vs. DUI

     The name of the crime is operating under the influence of intoxicating liquor (OUI). Sometimes one hears the terms driving while intoxicated (DWI) or driving under the influence (DUI). Although people wonder what the differences are between these terms they really describe the same crime and are interchangeable. In all cases the Commonwealth has […]

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Wednesday
19
Mar
2014

Natick Assault and Battery Charge Dismissed

     The client was arrested for Larceny over $250.00, a felony, from a store at the Natick Mall. After being detained by Loss Prevention officers the client asked to use the Ladies’ Room. A female officer escorted her and afterward the clent broke away and ran out of the store. She was stopped a short time later […]

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Friday
21
Feb
2014

Mass. Supreme Court Clarifies Role of Police

     The appellate courts in Mass. from time to time issue opinions that change or clarify the law. This is certainly true for operating under the influence cases. Simply stated, the law punishes people whose ability to safely operate a motor vehicle is impaired by alcohol they consumed. In Commonwealth v. Canty, a case decided by […]

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