Blog

September 1, 2017  –  by Liam Scully Far too often defendants are held for months or years on bails that they can’t make just because they are poor while the same defendant, if he or she just had access to resources, would be free until trial. In Stack v. Boyle, the U.S. Supreme Court stated: […]

June 23, 2016  –  by Liam Scully It’s always troubling when a civil motor vehicle stop turns into a full blown search and seizure leading to a criminal prosecution. These cases are litigated every day in District Courts across Massachusetts with mixed results, often turning on subtle details. As a lawyer, its crucial to recognize

April 29, 2016  –  by Liam Scully I believe that someday the breath testing devices will be completely discredited as unreliable. But for now we are still fighting these results on a case by case basis. But there are more successful challenges being made every day. The most significant one recently is an out of

January 31, 2015  –  by Liam Scully In Bruton v. United States, 391 U.S. 123 (1968), the United States Supreme Court held that a defendant’s confrontation clause rights are violated when a non-testifying codefendant’s confession naming the defendant as a participant in the crime is introduced at their joint trial, even if the jury is

May 5, 2015  –  by Liam Scully With its recent decision the Massachusetts Supreme Judicial Court confirmed that the appearance of breaking the law is not cause enough to warrant a search of an individual or their property. In Commonwealth vs. Josiah H. Canning the defendant was charged with possession with intent to distribute marijuana.

April 24, 2015  –  by Liam Scully Are breathalyzer results reliable?  Should they be used as evidence in a DUI case?  For years some lawyers have questioned the use of such evidence, comparing it to a polygraph, or lie detector test, saying that they are known to work improperly and give misreads. Now there comes