A consolidated case is being heard in Concord, the Milford Daily News reports, that will determine whether the use of breathalyzer testing devices to gather proof that a driver was operating a vehicle under the influence (OUI) of alcohol is scientifically sound. The reliability of the chemical breath testing devices is in question, which has prompted the courts to put a hold on hundreds of pending OUI cases across the state until the matter of whether these testing devices produced reliable evidence of a DUI. Continue reading


Using Cell Phone Trackers

The recent revelation of a non-disclosure agreement signed by the Boston Police Department at the request of the FBI has raised some concerns in the criminal defense world after a public records request generated proof of Boston PD’s investigation activities. The Boston Police Department admitted publicly to entering into a non-disclosure agreement with the FBI concerning cell phone tracking technology. Cell phone tracking is a controversial investigative technique at this point in time because it is used by many law enforcement agencies, but there are privacy concerns over whether using cell phone trackers should be authorized.  Continue reading


Statute of Limitations

As a general rule, whenever a criminal charge is brought against a defendant, the charge is subject to a statute of limitations. A statute of limitations is a period of time that is provided by law in which the charge for a particular crime must be brought against the defendant, or else foregone. When charges are not brought within the designated time period, the charges are barred. It makes good sense and good public policy to require prosecutors to bring a case in a timely fashion, so that evidence such as DNA or fingerprints is still available, witnesses’ memories are still fresh, and defendants are not unfairly or unreasonably years and years after the alleged crime took place. Continue reading

What is Entrapment?


Entrapment Defense

Entrapment is a defense that can be raised in criminal cases where a criminal defendant was persuaded by law enforcement officers to commit the crime he or she is charged with. In order for an entrapment defense to work, the defendant must not have had any previous intention or be predisposed to commit the crime, and must only have done so at the encouragement of law enforcement or some other government officer (local or state police, undercover agents, federal agents, etc.). Continue reading


Massachusetts Motor Vehicle Violation

Some people have to be able to drive in order to do their job, and things can get difficult for them if they find themselves charged with a violation of the law that could lead to the loss of their driving privileges. This is particularly a problem for drivers who have a Commercial Driver’s License (CDL) that allows them to operate commercial motor vehicles. There can be significant consequences to Massachusetts motor vehicle violations.  Continue reading


Vandalism and Malicious Destruction to Property

Halloween is traditionally a time when young people exercise poor judgement and commit acts of vandalism and malicious destruction of property. Some do it as a prank or a joke, others do it with malicious intent. This year, two teens from Burlington were arrested for acts of vandalism to a mosque early in the morning hours after Halloween, according to a Boston Globe news report.   Continue reading


Heat of Passion

Consider the following hypothetical scenario: A jealous man comes home from a business trip early and finds his wife in bed with someone else. Gripped by betrayal and rage, the jealous man attacks the other man, beating him severely. The jealous husband does considerably more harm to the other man than is reasonable in this situation. The wife, in a panic, calls the police. Once the police arrive, the jealous husband is arrested, the other man is hospitalized, and the wife is left shaken and scared. Continue reading


Controlled Substances

The Boston Globe recently reported a story about a settlement that Massachusetts General Hospital will pay to the federal government after allegations that the hospital’s lax internal controls over employee access to controlled substances resulted in the theft of thousands of prescription pain medication pills. Drug diversion, which is the use of controlled substances for nonmedical purposes, was alleged against the hospital after it was discovered that a handful of nurse employees were stealing oxycodone and other painkillers over a period of three and a half years, spanning from October of 2011 until April of 2015. Continue reading


Convicted Drug Offenders

The Massachusetts Senate recently unanimously approved a bill that is geared towards allowing convicted drug offenders to keep their driver’s licenses. The push behind the new bill is to address the issue of how difficult it is for convicted drug offenders to get a job with a criminal record, let alone how difficult it is to get to work without a driver’s license. This tough-on-crime approach is outdated and makes things considerably more difficult for those who have drug convictions. A recent blog post concerning the current state of the law can be found here.  Continue reading


If you supply or hold guns you face serious felony charges.

An unfortunate scenario that often lands women in trouble with the law is when they unwittingly become involved in the illegal holding, supplying, or trafficking of weapons to those who are not permitted by law to have them. Many women find themselves pressured by family members, husbands, boyfriends, etc. to serve as a straw purchaser, someone who buys a gun or other weapon on behalf of someone else who is unable to purchase the gun or weapon themselves. If you supply or hold guns you face serious criminal legal problems.  Continue reading

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