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Many people I encounter in my practice are frustrated that a mere accusation without any additional evidence (such as a video, injuries, etc.) are suffient for someone to be charged with a crime.  It is the job of the defense to attack a witnesses credibility and to find motives to lie.  In Commonwealth v. Lopez, … Read more

In Commonwealth v. Ackerman. the SJC affirmed the lower court’s admission of blood alcohol test evidence against Ackerman. “Ackerman was charged in a complaint with operating while under the influence of intoxicating liquor, second offense,” and a related offense. “The charges resulted from a single vehicle accident in which the vehicle that Ackerman was driving … Read more

Before a court can issue a warrant of a residence based on criminal activity, it must find there is a relationship (or nexus) between the residence and the criminal activity to the extent that the court would expect evidence to be found at the residence.     In Commowealth v. Clagon, the SJC reversed both … Read more

In Commonwealth v. Chism, the SJC affirmed the judge’s denial of the “defendant’s motion to impound a video recording and transcript of a police interview with the defendant that was the subject of a motion to suppress and that was subsequently suppressed.” In so ruling, the Court concluded (1) “that the judge applied the correct legal … Read more

In Commonwealth v. Peterson, the SJC affirmed the dismissal of a park zone charge against the defendant. Police officers observed a vehicle stopped at a red light at an intersection that was within one hundred feet of a public park. The defendant was a passenger in the vehicle. “The three officers learned through their onboard … Read more

Jury selection is actually not a process of selection but one of elimination.  At jury selection, defendants are allowed to strike two jurors for cause or and two for any reason other than race or ethnicity.  The rules for jury selection have been modified in superior court since the following case, but in District Court, … Read more

It is a crime to possess child pornography on a computer. If someone is charged with this crime(or any crime), it is important to be represented by a zealous advocate who will put aside any personal opinions or feelings about the nature of the charges and provide an aggressive defense.  In the following case, the … Read more

The results from a breath test machine can have a major impact on a person’s life, and the use of technology  to determine whether someone is guilty of a crime should be evaluated diligently for its reliability.  This was the basis for a joint motion to challenge the scientific reliability of the breath test machines, … Read more

In the case of Commonwealth v. Drapaniotis the Court of Appeals reversed the defendant’s conviction of larceny of a .38 caliber gun because the evidence was insufficient to prove that the gun was operable.  The facts are as follows:   The defendant stole two guns owned by the defendant’s father and then sold or traded them … Read more

In Commonwealth v. Humphries, the SJC affirmed defendant’s convictions of assault by means of a dangerous weapon, carrying a firearm without a license, and related offenses, based on evidence of an altercation in which Humphries’ alleged joint venturer fired a gun.  At issue was “whether a defendant’s burden of producing evidence of a license to … Read more