The defendant in a Massachusetts drunk driving case has certain constitutional rights. One of these rights in the Fourth Amendment right to be free from unreasonable searches and seizures. Generally speaking, this means that an officer of the law must either obtain the defendant’s consent or secure a search warrant…
A person who is suspected of operating under the influence (OUI) of drugs or alcohol on Cape Cod will probably be given a breathalyzer test at some point following his or her detention by police. Under Massachusetts law, there is a 15-minute waiting period prior to the administration of the…
Under the United States Constitution, the defendant in a criminal case has certain rights that, if violated, can potentially result in the reversal of a conviction. Among these rights are the Sixth Amendment rights to “a speedy and public trial” and “the assistance of counsel.” A recent decision by the…
Clearly, the United States Constitution guarantees the criminally accused the right to counsel. However, exactly when, and under which circumstances, that right first attaches is sometimes a point of contention. Recently, Massachusetts’ highest court was called upon to revisit this issue as it concerned a defendant’s right to counsel regarding whether…
According to the Executive Clemency Guidelines issued by Governor Deval L. Patrick earlier this year, “The grant of executive clemency is primarily to remove barriers often associated with a criminal record or sentence, therefore facilitating the reintegration of the petitioner into the community of the law abiding… [It] is warranted…
As the summer comes to its unofficial close this Labor Day weekend, vacationers and residents in Cape Cod will likely be enjoying the last few barbecues and outdoor parties of the season. The Massachusetts State Police are aware of the celebrations and are working to ensure that the state roads…
A recent crash on the Sagamore Bridge, the road into and out of Cape Cod, involved two SUVs and one driver believed to be under the influence of alcohol and drugs. According to reports, the impaired driver crashed head-on into another SUV, sending five people to area hospitals. Car accidents…
Car accidents in Cape Cod occur as a result of many different potential factors: distracted driving, speeding, failing to obey other traffic safety laws, and one of the most deadly — driving under the influence of alcohol. Victims of any of these kinds of accidents are usually entitled to…