Massachusetts Supreme Judicial Court Limits Cops' Guess-Timony on Driver's Ability to Operate in OUI Cases

In a decision important to OUI trials in Massachusetts state courts, the Massachusetts Supreme Judicial Court issued an opinion on Thursday that prohibits cops from testifying that a defendant's "ability to safely operate a motor vehicle was diminished by his or her consumption of alcohol".   This had been, until Thursday's ruling, a common end to the arresting cop's direct testimony.  This police officer opinion has routinely been parroted at the end of the officer's testimony in response to a leading question by the prosecutor, usually it went something like this:

PROSECUTOR:  "Based on all your observations with the driver, including (the prosecutor then drones about everything the cop has testified about already), were you able to form an opinion that the driver's ability to safely operate a motor vehicle had been diminished by alcohol?"

COP: "Yes."

PROSECUTOR:  "And what was that opinion?"

COP: "Based on (cop then regurgitates all the observations the prosecutor just named) I formed the opinion that the driver's ability to safely operate a motor vehicle had been diminished by alcohol consumption".
    
This rote question and answer series was prohibited Thursday by the Supreme Judicial Court in the case of Commonwealth v.  Canty, SJC Case No. 11315 (November 6, 2013).  While a cop, or any other witness, can give an opinion that a driver, or any other person, was drunk or intoxicated, a witness cannot express an opinion as to whether a defendant is guilty or innocent.  Where the ultimate issue in an OUI trial is for the trier of fact to determine whether a driver's ability to operate a motor vehicle has been diminished by alcohol, this opinion by the cop was inappropriate.  

If you have been charged with driving while intoxicated or operating under the influence of alcohol or drugs or both, call Attorney Mark Stevens at 1-603-893-0074 today for a free initial consultation or visit my website at http://www.byebyedwi.com.  

The Law Offices of Mark Stevens

5 Manor Parkway

Salem, NH 03079

1-603-893-0074

COOL Deals, HOT Mess: Salem, New Hampshire Post-Black Friday Aftermath

Salem, NH Criminal Defense Attorney Mark Stevens. Salem, New Hampshire totaled a record breaking 29 arrests this Black Friday, but not for just shoplifting this 2013 shopping season. Every year, all over the country, people go mad on this infamous 'holiday' it's like a wrecking ball coming through every mall and department store nationwide as employees and store clerks try to keep their merchandise in check.  As if that's not enough with a stomach full of turkey and mashed potatoes, many individuals were arrested for assault, disorderly conduct, trespassing, resisting arrest- as well as shoplifting.  But does it really matter who stampedes their way to the front of the line if you've just been arrested for shoplifting in New Hampshire?

The shoplifting laws in New Hampshire are tough. If you are accused of any type of theft or shoplifting offense it is extremely important you do not say anything, or let them bully you into saying anything. It is imperative you contact a good defense attorney to help you fight your case.
 

Arrests and indictments for economy-inspired crimes like shoplifting, willful concealment, robbery, burglary, larceny and other theft crimes are rising throughout New Hampshire. If you have been arrested for shoplifting, willful concealment or any other theft crime in New Hampshire, or if someone wants to "ask you some questions","talk to you" or "have you come down to make out a statement", call 1-603-893-0074 for a free initial consultation and case evaluation.

CALL TO ACTION: 

**REMEMBER**
Call Attorney Mark Stevens right away if you've been accused of shoplifting, willful concealment, robbery, burglary, larceny or any other theft crime.

 (24/7) 1.603.893.0074

 NHCrime.com

WHY MARK STEVENS # SHOULD BE IN YOUR CONTACTS!

This coming holiday weekend seems to result in a lot of shoplifting arrests, willful concealment, and other theft charges all across New Hampshire. However the number of shoplifting arrests in Rockingham County, Strafford County, and Hillsborough County are significantly higher than others on Black Friday.  

Each year Black Friday gets bigger than the year before with stores trying to outdo one another, offering the biggest and the best, cheaper than their competitors.  No matter how popular Black Friday increasingly becomes,  or how much Cyber Monday tries to steal its spotlight offering those less inclined to pepper spray their way to the biggest TV an online version the following Monday.  Does it really matter who stampedes their way to the front of the line for the biggest, best, cheapest?  Not if you've just been arrested for shoplifting or accused of "willful concealment" in New Hampshire.  

The shoplifting laws in New Hampshire are tough. If you are accused of any type of theft or shoplifting offense it is extremely important you do not say anything, or let them bully you into saying anything. If you are brought into a loss prevention or store security office it is important you do not feel pressured to sign anything. They will most likely try to get you to make any type of admission they can. DO NOT let store security take your picture, they are not the police and cannot make you do anything. You do not even need to give store security, mall security, or loss protection your identification!!! 

If you are suspected of shoplifting, either store/mall security or the loss preventions department will call the police. When the cops arrive make sure you are respectful and do not resist arrest OR admit to anything either! Be polite, do not make any statements, and make sure you have some bail money with you.

Check out Mark Stevens YouTube Video on Shoplifting:

Call today for a free initial consultation:

DWI & Criminal Defense Attorney Mark Stevens

Law Offices of Mark Stevens

5 Manor Parkway

Salem, NH 03079

603-893-0074 (24/7)

Please have a safe and pepper-spray free Black Friday this year; Happy Shopping!

The Law Office of Mark Stevens
byebyedwi.com

Black Friday Shoplifting: Post-Arrest Tips: When Loss Prevention or The Police Want to Hassle You

Black Friday.  Black Friday is almost here.  Some stores are open earlier and close later.  It is the biggest shopping day of the year here in New Hampshire.  And with power shopping comes some shoplifting, "willful concealment" and other theft charges.  Some of these are misunderstandings, some are caused by the stress of the holidays and some of course are actual thefts. This weekend usually results in a lot of arrests for shoplifting, "willful concealment" and other theft charges all across New Hampshire, but the number of shoplifting arrests in Rockingham County, Hillsborough County and Strafford County are particularly high on Black Friday due to some major shopping areas in those counties.

So what happens in that "worst-case" scenario, when a loss prevention person taps you on the shoulder and asks you to come to their back room gulag for questioning?  Be careful what you do next.  Here are some ideas:

WHEN LOSS PREVENTION WANTS TO HASSLE YOU:

1.  Don't volunteer any statements, especially if they would admit guilt.  Ask to speak with your lawyer immediately.  You do not have to answer these peoples' questions. They will threaten to call the cops.  The cops are coming no matter what you say, so just be quiet and wait for them.
2.  Don't sign any confessions.  The loss prevention people are not there to help you.  They will sometimes hand you a confession to sign.  Don't let them bully you into signing anything. Signing a confession is bad.
3.  Don't agree to have your picture taken by the loss prevention people.  They can't make you have your picture taken; they are store employees not cops.  They will try to get you to make all sorts of admissions. You do not even need to give loss prevention, store security or mall security your identification.
4.  Don't answer the loss prevention questions about other thefts they may try to implicate you in, such as "we know you stole x, y and z...".  If they could prove this they wouldnt need to ask you about it. 5.  The cops are coming.  Just wait for then to arrive, and peacefully accompany them to booking.  Note that the real cops CAN take your pictures, but you still dont have to answer their questions.

WHEN THE REAL COPS ARRIVE:

1.  Peacefully go along with the arresting cop.
2.  Ask to speak to you lawyer immediately.
3.  Remain silent about the alleged offense.
4.  Do not sign any confessions.
5.  Do not agree to "interviews" with the police about theft charges.

PREPARE:
1.  Program my cell phone number 1-603-785-6458 into your phone right now!
2.  If there is any possibility of a weekend arrest have cash for bail on hand.
3.  Think about who you would call for a ride if needed from the police station.

Have a safe and happy holiday and Happy Black Friday!

Remember, call me right away after you get released: 1-603-785-6458. 

Lawyer Up and Shut Up. Watch this youtube video:

Did You Receive Scary Mail from the New Hampshire State Lab?

If you have received certified mail from the state lab, or mail from the police department that arrested you, read on ...

New Hampshire DWI laws.  Salem, New Hampshire DWI Lawyer Mark Stevens. If you've just received some scary mail from the New Hampshire state lab regarding a blood alcohol test or drug test, don't panic! Call Attorney Mark Stevens today at 1-603-893-0074. All consultations and case evaluations are free. Don't wait to discuss the bad mail you received from the state lab, as you have a limited amount of time to object to it.  Call today! We look forward to speaking with you.

All Consultations are Free.

Call Attorney Mark Stevens at 1.603.893.0074 

Act now if your New Hampshire license is about to get suspended! If you have received a suspension letter or hearing notice from the state of New Hampshire act fast. Call today for an immediate phone consultation on what you should do next. I look forward to speaking with you. New Hampshire Attorney Mark Stevens 1-603-893-0074 .


CALL TODAY 1-603-893-0074 FOR FREE DWI CASE CONSULTATION

info@byebyedwi.com

http://www.byebyedwi.com/

U.S. Supreme Court Vacates Woman's Life Sentence For Shoplifting

New Hampshire Shoplifting Lawyer.  In March of 2009 Cecilia Cathleen Rodriguez pleaded guilty to stealing two purses from a Dillard's store in Oklahoma.  On her guilty plea an Oklahoma district court judge sentenced her to life in prison.  The judge added an extra 17 years to the life sentence for a probation violation on another, 9 year old, petty theft case.  So the total sentence she got for stealing the two purses was life plus 17 years. 

She appealed her sentence in the state appellate court system, and a sharply divided Oklahoma Court of Criminal Appeals affirmed the extraordinary sentence.  One of the two judges who dissented described her sentence as "shockingly excessive". The other described Ms. Gonzalez as a "drug addict who steals to feed her addiction..."While she is a nuisance and a lawbreaker she is neither a violent criminal nor an imminent danger to society."  The dissenting appeals court judge described her life sentence as " ...a miscarriage of justice."    

On March 21, 2012, the Supreme Court issued its landmark opinion in Missouri v. Frye, (Supreme Court case number 10-444), which held that a defendant in a criminal case is entitled to the effective assistance of counsel during plea negotiation, including plea offers extended by the prosecution.  So if defense counsel's deficient performance led to the rejection of a plea offer, and the defendant can show there would have been a reasonable probability that she would have accepted the plea offer but for counsel's deficient performance, there would lie a sufficient showing of prejudice to vacate the sentence imposed.

In the Oklahoma life sentence plus 17 years for stealing two purses case, the Supreme Court vacated Ms. Rodriguez's life sentence for shoplifting and remanded the case to the Oklahoma courts for re sentencing.

Have you been arrested for shoplifting in New Hampshire?  Call me today for a free case consultation:  New Hampshire shoplifting defense lawyer Mark Stevens 1-603-893-0074.  I look forward to speaking with you.

Mark Stevens
Salem, New Hampshire

Busted for shoplifting in New Hampshire?  Call 1-603-893-0074 for a free shoplifting consultation today!