Articles Posted in Criminal Defense

Massachusetts Supreme Judicial Court Says Search of Vehicle After Exit Order Was Wrongful
The Law Offices of John C. Manoog III

A great number of Cape Cod criminal cases revolve around the issue of whether evidence that the government seeks to introduce at the trial of the case was legally obtained. The defendant may argue that a particular search was violative of the Fourth Amendment to the United States Constitution, which prohibits unreasonable searches and seizures.…

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Massachusetts Court Holds That Defendant’s Crossing Over Fog Line Was Sufficient to Justify Police Stop
The Law Offices of John C. Manoog III

Among the most important protections guaranteed under the U.S. Constitution is the freedom from unlawful searches and seizures. Of course, the concept of what is, or is not, an unreasonable search or seizure is subject to much interpretation. In a Cape Cod operating under the influence (or “OUI”) case, the question of whether a search…

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U.S. Supreme Court Issues Decision that Could Affect Defendants in Cape Cod Criminal Cases
The Law Offices of John C. Manoog III

If you are facing prosecution for an alleged criminal act in Cape Cod or elsewhere in Massachusetts, it is important that you know and understand your constitutional rights. A skillful legal advocate can review the facts and ultimately have a profound impact on your Cape Cod criminal defense case. One of the rights that is…

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Massachusetts Supreme Court Vacates Criminal Conviction After “Visibly Shaken” Juror is Excused from Deliberations
The Law Offices of John C. Manoog III

One of the most fundamental rights of the defendant in a criminal case is the right to a trial by jury. A seasoned Cape Cod criminal defense attorney can help make sure that this and other important rights are protected. This is very important because a biased, prejudiced, or tainted juror can wreak havoc on…

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Massachusetts Supreme Judicial Court Grants Motion to Suppress Evidence Obtained Through Warrantless Search Based on Cell Cite Location Information
The Law Offices of John C. Manoog III

As technology evolves, so does Massachusetts criminal law. Just as those who intentionally engage in criminal activity often rely on technology such as cell phones to conduct their business, police officers and others in law enforcement increasingly rely on information obtained through technology that, just a decade or two ago, may not have even existed.…

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Warrantless Search Was Illegal, Says Massachusetts High Court
The Law Offices of John C. Manoog III

Under the 4th Amendment to the United States Constitution, police officers are required to obtain a warrant in order to execute a search and seizure of a criminal defendant’s home in most situations. Whether or not an exception exists to this general rule is a frequent issue in a Massachusetts criminal case. Facts of the…

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Massachusetts Supreme Judicial Court Says Dismissal of Prospective Juror Who Said System is Rigged Against Some Individuals Did Not Prejudice Defendant’s Rights
The Law Offices of John C. Manoog III

In addition to the effective assistance of counsel from a Massachusetts criminal defense attorney, a person who is criminally accused also has the right to a fair and impartial jury in a criminal proceeding. This sounds like an easy enough proposition, but there can be many issues that go into the determination of exactly what…

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Massachusetts High Court Says Attaching GPS Unit to Another’s Car Can Constitute Criminal Harassment
The Law Offices of John C. Manoog III

With ever-increasing technological advances, it is quite possible for someone to be accused of a crime which did not exist just a few years ago. As any Cape Cod criminal defense attorney can confirm, it is also true that there many new ways for “old” crimes to be committed. For example, the crime of criminal…

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Massachusetts Appeals Court Remands Criminal Case, Ordering Trial Court to Make Specific Finding Regarding Defendant’s Financial Ability to Make Restitution
The Law Offices of John C. Manoog III

In a Massachusetts criminal case, it is not unusual for a defendant to be ordered to pay restitution to the victim of his or her crime. If the defendant is placed on probation, timely payment of restitution may be a condition of the defendant not being incarcerated. If the defendant does not abide by the…

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