by jmiller | May 10, 2014 | OUI
In Massachusetts there are two types of breath tests that could be administered by a police officer if you are suspected of operating under the influence of intoxicating liquor. The first is a portable breath test (PBT). A PBT is a hand-held device that police... by jmiller | May 3, 2014 | Constitutional Rights, Drugs, Search & Seizure
On or about May 2, 2014, eight people were charged with trafficking cocaine in the Framingham, MA area. According to the Metrowest Daily News, Robert Hairston, Norma Hairston, Carl Jones, Cheniel Garcia, Stephanie Ressor, Calvin Hodge, Nasean Johnson and Mark Perkins... by jmiller | May 1, 2014 | Due Process Rights, Uncategorized
In some criminal cases, important evidence exists in the form of video, text messages, emails and/or facebook posts to name a few. If you believe the evidence is favorable to your case, it is important to inform your lawyer immediately. Why? As time passes,... by jmiller | Apr 25, 2014 | Assault & Battery, Domestic Assault
What is ‘domestic’ assault and battery in Massachusetts? When a person is charged with assault and battery in Massachusetts and the alleged victim and the defendant are engaged in some sort of ‘domestic’ relationship, the crime will frequently be termed ‘domestic... by jmiller | Apr 21, 2014 | Larceny Offenses
A police office sees you drive through a stop sign. The officer pulls you over. When the officer runs the vehicle registration, the car comes back as stolen. You are arrested and charged with receiving a stolen motor vehicle. How do you defend against the charge.... by jmiller | Apr 13, 2014 | Constitutional Rights, Search & Seizure
On April 11, 2014, the Massachusetts Supreme Judicial Court concluded the emergency aid exception to the warrant requirement applied to nonhuman animal life. In Commonwealth v. Heather Duncan, the police responded to the Defendant’s home to serve a restraining order. ... by jmiller | Apr 7, 2014 | Constitutional Rights, Drugs, Guns, Search & Seizure
When a person is arrested for some reason, a subsequent search may reveal unlawful evidence that strengthens the governments’ case or leads to new charges. The question is “was the subsequent search that resulted in the seizure of the items lawful? Fundamentally, the... by jmiller | Mar 31, 2014 | Clerk's-Hearing
There is nor requirement that you have an attorney at a clerk’s hearing; it is a wise decision to retain an attorney for a clerk’s-hearing. “It’s just a clerk’s-hearing; it’s no big deal.” “The hearing is with a clerk, not a Judge.” “The case is bogus, I don’t need... by jmiller | Mar 29, 2014 | Constitutional Rights, Miranda Warning, Search & Seizure
Sometimes a criminal defendant will tell their lawyer ‘the police did not read me my rights.” Does it matter and if so, when? Anyone who has watched a police television show is familiar with the often repeated “You have the right to remain silent, anything you say... by jmiller | Mar 27, 2014 | Drugs
“The police charged me with possession with intent to distribute drugs, but I had them for my own use.” Defendants frequently recite a similar theme after they have been arrested. The differences between the two categories of crime can be huge and have lasting...
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