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DUI Attorney-Natick, MA

There are three elements that the Commonwealth must prove beyond a reasonable doubt in an under the influence DUI trial in Massachusetts.  The three elements include: Operation of a Motor Vehicle; On a public way; While under the influence of intoxicating liquor. The amount of alcohol required to prove DUI varies from person to person.  If you are charged with…

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DUI Attorney-Shrewsbury, MA

In order to proceed on an operating under the influence of alcohol charge in Massachusetts, one element that the Commonwealth must prove is operation. Operation has its own definition under the law.  Operation of a motor vehicle occurs whenever a person: Is in a vehicle; & Intentionally manipulates a mechanical or electrical part of the vehicle; Which alone or in…

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Criminal Lawyer Massachusetts-Boston, MA

In Lunn v. Commonwealth, SJC 12276, (2017), it was held that Mass. law does not allow court officials to hold an individual solely on the basis of a civil immigration detainer, beyond the time the individual would be entitled to be released from state custody.  For example: If you post bail on your state case; Are subject to a civil immigration…

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Criminal Attorney-Worcester, MA

The police may enter a private residence in Massachusetts without a warrant if they satisfy the emergency aid exception.  Under the emergency aid exception, the police must: Have an objectively reasonable basis to believe there is someone inside who is injured or in imminent danger of physical harm; & Also engage in conduct that is reasonable under the circumstances. Commonwealth…

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Worcester MA Attorneys, MA

In general, Article 14 of the Massachusetts Declaration of Rights allows the police to enter a home in four circumstances.  These circumstances include: A judicical warrant supported by probable cause; Probable cause plus exigency, such as hot pursuit of a violent suspect trying to escape; Under the emergency aid doctrine, where the police have an objectively reasonable basis to believe…

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Criminal Defense Lawyer-Suffolk County, MA

When police execute an arrest warrant in Massachusetts, they may conduct a protective sweep of the area if they have a reasonable belief that the area could harbor a dangerous individual.  Some of the factors to be considered in whether the sweep of the general area is based on reasonable suspicion include: the violence implicit in the crime for which…

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Drug Crime Attorney-Framingham, MA

If you are charged with a drug crime in Massachusetts where possession is an element of the offense, it is important to note that possession has a specific legal definition. The Commonwealth may allege that an individual either directly or constructively possessed the controlled substance.  Constructive possession requires: Knowledge of the item; Ability to exercise control over it; & Intent…

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DUI Massachusetts-Worcester, Mass.

A person charged with certain enumerated offenses under Mass. Gen. Laws. c. 276 section 58A may be held for 120 days pending trial.  An operating under the influence charge may qualify under the statute if there are three prior convictiions against the accused.  This means that in Massachusetts if you are: Charged with operating under the influence of intoxicating liquor;…

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Worcester, MA Attorneys-Worcester County, MA

If a police officer in Massachusetts completes a routine civil traffic stop, and the officer doesn’t have facts suggesting a reasonable suspicion of criminal activity, the officer is required to allow the individual to drive away.  Commonwealth v. Cordero, SJC-12210 (2017).  This means that a routine stop can’t be prolonged beyond the justification for the stop without evidence suggesting criminality.  In the Cordero case, the…

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DUI Massachusetts-Worcester, MA

To proceed on an under the influence of alcohol theory in Massachusetts, the Commonwealth must show that the defendant operated a motor vehicle, on a public way, while under the influence of intoxicating liquor. The question that often arises is, what evidence has been shown that the person has consumed enough liquor to impair his or her ability to drive…

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