Multiple charges often follow when someone is accused of a serious offense involving a fatal crash, each carrying its own penalties. However, the law does not allow prosecutors to stack overlapping charges for the same act. A recent decision from the Massachusetts Supreme Judicial Court clarifies how courts must avoid…
Boston Criminal Defense Lawyer Blog
Why Police Cannot Cross State Lines and Take Your Phone
If police officers from Massachusetts cross into another state and seize your property without a warrant or permission from that state, the evidence they take may not hold up in court. That exact issue came up in a recent decision from the Supreme Judicial Court. Officers from Lowell crossed into…
Can Prosecutors Use Your Hospital Blood Work Against You in a Massachusetts OUI Case
If you are charged with a third-offense OUI in Massachusetts, you may believe that refusing a breath test protects you from chemical evidence at trial. However, a recent case confirmed that prosecutors can still introduce blood alcohol content (BAC) calculations based on hospital records. Even without your permission, hospital blood…
Court Upholds Vehicle Search Based on Community Caretaking Exception
When police open a backpack without a warrant, most defendants hope suppression will follow. Yet the Massachusetts Appeals Court’s April 2025 decision in Commonwealth v. Page reminds us that the community caretaking doctrine—though narrowed by the United States Supreme Court—remains a potent exception to the warrant requirement. Below we walk…
Know Your Rights at DUI Checkpoints in Massachusetts — And What Happens If You Refuse a Breathalyzer
If you’ve ever driven through a DUI checkpoint, you know how unsettling it can be — even for sober drivers. Flashing lights, uniformed officers, and the uncertainty of what’s expected can cause confusion and anxiety. While DUI checkpoints are designed to deter impaired driving, it’s critical for every Massachusetts driver…
Boston Firearm Case Overturned Based on Lack of Evidence
When a routine police call in Boston’s North End leads to the discovery of a rifle, magazines of ammunition, and a defendant who readily admits he has no license to carry, most would assume that a conviction would stand. However, the Massachusetts Appeals Court’s May 2025 decision in Commonwealth v.…
How Far Can You Go in Protecting Another Animal or Disciplining Your Own?
If you are accused of animal cruelty in Massachusetts, the law allows for some narrow exceptions, but proving them can be difficult. Claims of defense of another animal or bona fide discipline must be supported by clear evidence. A recent case decided by the Supreme Judicial Court demonstrates just how…
How Appeals Can Help Reduce or Vacate Charges Based on Improper Convictions
If you are facing multiple criminal charges after a single incident, you may assume that each conviction will lead to separate punishment. In some cases, however, those convictions overlap or cover the same conduct. In Massachusetts, a conviction may be thrown out if it is based on a charge that…
Have You Been Deactivated as a Rideshare Driver in Massachusetts? Here’s How You Can Appeal
If you’re a rideshare driver in Massachusetts—working with Uber, Lyft, or another platform—and have been deactivated due to background check issues, you’re not alone. Many hardworking drivers are sidelined every year, often without a clear explanation. Fortunately, you have rights and options to appeal. At the Law Office of Patrick…
Withdrawing a Guilty Plea in a Massachusetts OUI Case
Over the past several years, there has been extensive litigation in Massachusetts regarding a specific kind of breathalyzer machine called the Alcotest 9510 device. Challenges to this machine have revealed malfunctions and inconsistencies in the breath test results that the Commonwealth has consistently used in criminal proceedings. Because of the…