The Importance of Challenging Everything – Big or Small – Defending a Criminal Case.

The firm recently had two successful motion hearing results that underscore the importance of challenging each piece of evidence you can in a case – no matter how big or how small.

In a recent OUI case, where the Spanish speaking client took a breathalyzer test, a motion to suppress was filed challenging the admissibility of the test.  The defendant had signed an acknowledgement of rights and waiver of rights form in Spanish, but the motion to suppress hearing revealed that the state police officer presenting the form to the defendant did nothing other than present the form.  The court properly ruled that such a presentment does not establish a knowing, voluntary, or intelligent waiver of rights.  As a result, the breathalyzer test is not admissible at the upcoming trial.

In a second case in the Fall River Superior Court, the client was charged with an armed robbery, but faced significant enhanced penalties as a habitual criminal, based on 2 prior convictions for what was alleged to be similar offenses on different dates.  A motion to dismiss the enhanced portions of the indictments was filed – challenging that the grand jury present did not present sufficient evidence that the prior convictions were “separate episodes”.  As a result, the motion to dismiss the enhanced portion of the indictment was allowed.