O'Brien Law Boston https://validator.w3.org/feed/docs/rss2.html Francis T. O’Brien, Jr. Criminal Defense Blog SJC Affirms Suppression of Statements Made More Than Six Hours After Arrest Home South Shore High School Coach Charged with Second OUI Offense: What are the Consequences of Repeat OUIs?  Appeals Court Affirms Suppression of Firearm Seized During Warrantless Search of Vehicle SJC Reverses Conviction Based on Improper DNA Evidence Testimony Violation of Right to Public Trial Earns Defendant New Trial Smell of Unburnt Marijuana Does Not Provide Probable Cause Justifying Warrantless Search of Vehicle Ineffective Assistance of Counsel May Be Grounds for Withdrawal of Guilty Plea Contact Us Boston Office: Appeals Court Reverses Conviction Based on Insufficient Evidence that Knife was a ‘Dangerous Weapon Breathalyzer Test Results Should Have Been Suppressed Based On Excessive Differential Defense Counsel’s Failure to Move to Strike Portion of Expert’s Testimony Leads to New Trial Erroneous Jury Instruction Leads to Reversal of Defendant’s First Degree Murder Conviction U.S. Supreme Court Considers Constitutionality of Searches of Arrestees’ Cell Phones Counsel’s Failure to Raise Improper Expert Testimony Issue on Appeal Earns Defendant New Trial Promised Immunity Under Proffer Agreement Requires Suppression of Evidence “I Don’t Want to Talk” Sufficient to Invoke Right to Remain Silent Appeals Court Reverses Shooting Conviction Based on Insufficient Evidence ‘Dangerous Weapon’ Not Necessarily a ‘Deadly Weapon’ for Purposes of Enhanced Sentencing Statute Contact Us Massachusetts High Court Examines Statute Permitting Defendants to Seek Post-Conviction DNA Testing SJC Announces New Standard for Withdrawal of Guilty Pleas in Cases Involving Annie Dookhan Misconduct Hingham Road Rage Incident: What to Know About Self-Defense Claims in Massachusetts SJC Holds District Court Judge Should Not Have Accepted Defendant’s Guilty Plea Home SJC Justices Disagree as to Effect of Prosecutor’s Seemingly Inconsistent Statements at Two Separate Trials SJC Rules Warrant Required to Obtain Cell Phone Data Criminal Defense Lawyer Covid 19 / Coronavirus Policy Page Boston Criminal Defense Lawyer Improper Procedure for Discharge of Deliberating Juror Results in Reversal of Guilty Verdict Mere Use of License Plate Cover Not Grounds for Traffic Stop Convictions Reversed Based Upon Unlawful Police Entry Into Apartment During Execution of Arrest Warrant New DUI / Drunk Driving Laws May Be Coming in State Budget Drug Trafficking Conviction Reversed Based Upon Invalid Warrantless Search of Vehicle Massachusetts High Court Strikes Down Mandatory Sentence of Life Without Parole For Juveniles Speedy Trial: A Guaranteed Right Or An “Either/Or” Choice? Computer Breach Likely in Convention Credit Card Theft Case BPD Officer Accused of Pointing Gun at People while Off-Duty Cocaine Trafficking Trial Report Attorney Francis T. O’Brien Jr. The Basics of Massachusetts Bail Laws What is CWOF, Continued Without a Finding? Teen Accused of Fatal Hit-and-Run Pleads Not Guilty Boston University sees Decrease in Crime West Andover Teen Punished by School for Picking Up Drunk Friend Boston Larceny Antitrust