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‘Domestic’ Assault and Battery in Massachusetts

by jmiller | Apr 25, 2014 | Assault & Battery, Domestic Assault

What is ‘domestic’ assault and battery in Massachusetts?  When a person is charged with assault and battery in Massachusetts and the alleged victim and the defendant are engaged in some sort of ‘domestic’ relationship, the crime will frequently be termed ‘domestic...

How does the Government Prove the charge of receiving a stolen motor vehicle?

by jmiller | Apr 21, 2014 | Larceny Offenses

A police office sees you drive through a stop sign.  The officer pulls you over.  When the officer runs the vehicle registration, the car comes back as stolen.  You are arrested and charged with receiving a stolen motor vehicle.  How do you defend against the charge....

Supreme Judicial Court Expands Emergency Aid Doctrine to Animals

by jmiller | Apr 13, 2014 | Constitutional Rights, Search & Seizure

On April 11, 2014, the Massachusetts Supreme Judicial Court concluded the emergency aid exception to the warrant requirement applied to nonhuman animal life. In Commonwealth v. Heather Duncan, the police responded to the Defendant’s home to serve a restraining order. ...

What is allowable under the Search Incident to Lawful Arrest Exception to the Warrant Requirement?

by jmiller | Apr 7, 2014 | Constitutional Rights, Drugs, Guns, Search & Seizure

When a person is arrested for some reason, a subsequent search may reveal unlawful evidence that strengthens the governments’ case or leads to new charges.  The question is “was the subsequent search that resulted in the seizure of the items lawful? Fundamentally, the...

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    The Law Office of Jeffrey Miller is a small law firm focused on treating each client as if you are the firm’s only client. I am an experienced trial attorney focused on criminal defense.

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