1.27.2015

Commonwealth v. Fujita: Massachusetts SJC Rules Jury Lists to Be Made Public, January 27, 2015

Overlooked to an extent because of the concurrent Blizzard of 2015, the Massachusetts Supreme Judicial Court ("SJC") issued an historic opinion today in the case of Commonwealth v. Nathaniel Fujita. The Fujita case was a murder trial that resulted in a guilty verdict against Mr. Fujita for killing his ex-girlfriend.  This appeal, however, arose from the trial court's ruling on a motion from The Boston Globe to reveal the jury list, which contained the jurors' names and addresses from the trial, to determine whether the jurors would be willing to be interviewed by The Globe after they had rendered their verdict.

In Fujita, the SJC ruled that "the public's long-term interest in maintaining an open judicial process, as embodied in the United States Constitution and Massachusetts common law, requires that a list identifying the names of jurors who have been empanelled and rendered a verdict in a criminal case be retained in the court file of the case and be made available to the public in the same manner as other court records."    The Court noted that Massachusetts common law, tradition and trial practice, dating back to the Boston Massacre trials in 1770, has been that juror information be known to the public.  The Court noted that the names of the jurors who acquitted the British soldiers accused in the Boston Massacre were known to the public.  Another case cited but the Court was the 1806 trial of Thomas Selfridge, a Boston attorney accused of murder, on whose jury Paul Revere sat.   Paul Revere and the other jurors names were public information.

The Fujita ruling did not change the confidentiality of the juror questionnaires, which are confidential and are to be destroyed after the trial by the trial court pursuant to Massachusetts General Laws Chapter 234A, sec. 23.  Today's ruling did, however, impose an affirmative duty on the trial courts to include a list of the names of the jurors empanelled in a criminal case as part of the court file to be made available to the public, "no later than at the conclusion of the trial".

Attorney Mark Stevens
Admitted in Massachusetts & New Hampshire
Law Offices of Mark Stevens
5 Manor Parkway
Salem, NH 03079
1-603-893-0074

Attorney Mark Stevens is a Salem, New Hampshire criminal defense lawyer.



1.21.2015

Did you receive Bad Mail from the State? Don't Let Bad Mail Get You Down, Call NH Defense Attorney Mark Stevens for a Free Consultation 603-893-0074

Did you receive Bad Mail from the State Lab? 

Don't let bad mail get you down... 

Call an experienced attorney who can help you handle these frustrating legal matters. New Hampshire Criminal Defense Lawyer Mark Stevens is admitted to practice in all NH and MA courts. 



The consultation is free, call right now to schedule your free initial case consultation and find out what Attorney Mark Stevens can do to fight your case!


Mark Stevens, Criminal Defense Attorney, Law Office of Mark StevensTel: (603) 893-0074 | Fax: (603) 893-5022 Email Mark | www.byebyedwi.com
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1.08.2015

Motions to Change Venue in Criminal Trials by Attorney Mark Stevens 1-603-893-0074

The motion to change venue in the trial of accused Boston Marathon Bomber Dzhokhar Tsarnaev gained recent significant attention. His second motion to change venue was denied by the trial court, Tsarnaev then appealed the decision to the First Circuit Court of Appeals for a stay (delay) in jury selection and trial in order to appeal the trial court's denial of his motion to change venue.  In a divided opinion, the Court of Appeals denied his effort to stay the trial to argue for a change of venue.

The trial court relied heavily on the case of Skilling v. United States, a case in which the United States Supreme Court affirmed the denial of a motion to change venue, and in which the Supreme Court gave factors which should be considered on motions to change venue in criminal trials: 1). the size and diversity of the pool of potential jurors from which the jury pool would be drawn; 2). the nature and type of news media coverage of the case; and 3). the amount of time that had passed between the alleged crime or crimes and the trial date. Skilling lost his motion to change venue and lost that issue on appeal.

Skilling's case, however, was not a capital murder case; it was a white collar fraud case which was part of the Enron scandal.  A closer case to Tsarnaev's is the Timothy McVeigh case in the Oklahoma bombing, in which a motion to change venue was granted: Timothy McVeigh v. United States.  The trial court in McVeigh found that the "emotional burden of the explosion and its consequences" on those who lived in the area but were personally unaffected created "so great a prejudice against [the] defendants in the State of Oklahoma that they cannot obtain a fair and impartial trial", and granted McVeigh's motion to change venue for his capital murder trial.  His case was moved to Colorado for trial.

Tsarnaev's case presented a much stronger argument for a change of venue than McVeigh's, as the dissenting judge in the Court of Appeals opined in the order denying Tsarnaev's motion to stay jury selection until the denial of his motion could be appealed: Order of First Circuit Court of Appeals, In Re: Dzhokhar Tsarnaev v. United States, January 3, 2015. As the dissenting judge wrote, "the entire city of Boston and its surrounding areas were victimized -- as evidenced by the city's virtual lockdown and the images of SWAT team members roaming the streets and knocking door-to-door in Watertown -- is compelling ".  Nonetheless, Tsarnaev's motion to change venue was denied and his trial has begun.

Arguably, if the denial of Tsarnaev's motion to change venue is ultimately upheld on appeal, it may make it impossible or close to impossible for successful motions to change venue in the future.  Curiously though, trying Tsarnaev in Massachusetts, which is not a death penalty state, may improve his chances of having jurors, who will decide whether he lives or dies, who are not willing to vote to kill him, regardless of how heinous the crimes.

Attorney Mark Stevens
Law Offices of Mark Stevens
5 Manor Parkway
Salem, NH 03079
1-603-893-0074
NHCrime.com
Admitted in Massachusetts and New Hampshire


12.31.2014

Happy New Years Eve from DWI Criminal Defense Lawyer Mark Stevens (27/7) 603.893.0074

Happy New Years Eve from DWI Criminal Defense Lawyer Mark Stevens (27/7)  603.893.0074

Happy New Years Eve! Please drive safely. Please don’t drive drunk tonight; call a cab. If you ignore this advice and get arrested for DWI, call me tonight or today at 1-603-893-0074. Try to avoid unwanted police contact tonight by checking your lights, including plate lights before heading out tonight, and remembering to carry your driver’s license with you while driving. Avoid driving if you have any active arrest warrants out for you. Any equipment violation will get you stopped tonight because it’s New Year’s Eve. Take a cab if you need to or arrange for a designated driver before you start drinking. If you do run into any weekend arrests or issues with the police feel free to call at any time. Don’t wait until Monday! Call me at 1-603-893-0074 RIGHT NOW to plan your next steps.


If you are facing a DUI, DWI , aggravated DWI, “minor in possession”, “unlawful intoxication by a minor” “transportation of alcohol”, “conduct after an accident” (that means “leaving the scene of an accident”), “reckless driving”, ”simple assault” or other motor vehicle violation or criminal charges in a New Hampshire District Court or Superior Court, call Attorney Mark Stevens today at 1-603-893-0074 for a free initial consultation. Don’t wait! New Hampshire DWI laws, New Hampshire criminal laws, penalties and case examples. Also remember that under New Hampshire’s aggravated DWI law that if you cooperate and blow into the breath test machine when the officer requests it, you can end up in jail.







Mark Stevens, Criminal Defense Attorney, Law Office of Mark StevensTel: (603) 893-0074 | Fax: (603) 893-5022info@byebyedwi.com | www.byebyedwi.comFacebook Page Twitter LinkedIn Facebook Blogger WordPress YouTubeFind me on Facebook

12.24.2014

DON'T LET THE COPS CRACK YOUR NUTS THIS HOLIDAY SEASON! from NH DUI Lawyer Mark Stevens 603.893.0074

MERRY CHRISTMAS 

FROM 

THE LAW OFFICE OF ATTORNEY MARK STEVENS 

 REMINDING YOU THIS HOLIDAY SEASON...




Wishing Everyone a Safe and Merry Christmas 
from 
Salem, New Hampshire DWI Defense Attorney Mark Stevens

603-893-0074 (24/7)




Operating After Suspension for DWI / OUI by Attorney Mark Stevens 1-603-893-0074

Operating After Suspension Law.  Charges for operating after your license has been suspended carry harsh penalties.  The penalties are even harsher if your license has been suspended or revoked for operating under the influence of alcohol or drugs ("OUI") or driving while intoxicated ("DWI").  On December18, 2014, the Massachusetts Supreme Judicial Court ("SJC"), issued an opinion reversing a conviction for operating after suspension for OUI that might be helpful if you are facing a trial for an operating after suspension charge.

In Commonwealth v.  Oyewole, 467 Mass. 1108 (2014), the SJC granted further appellate review of a conviction for operating after suspension after a jury waived trial in District Court.  The SJC noted that the Commonwealth was obligate to prove four elements of the this charge beyond a reasonable doubt to sustain its burden of proof at trial: 1). that the defendant operated a motor vehicle; 2). that at the time of that operation the defendant's license to drive was suspended or revoked; 3). that the license suspension or revocation was pursuant to a violation of G. L. c. 90, sec 24 (the Massachusetts OUI law); and 4). "that the defendant was notified that his license was notified that his license was suspended or revoked".

In this case, the record supported findings that the defendant's driver's license had been revoked pursuant to an admission to sufficient facts that led to a Continuance Without a Finding ("CWOF") that resulted in a 60 day license revocation.  He was stopped within the 60 day revocation period.  He still had his driver's license with him at the time of the stop at issue, however, and the Commonwealth did not prove beyond a reasonable doubt that the defendant had ever been notified of his license revocation, despite the prior OUI plea and CWOF.  There was no evidence at trial that the defendant's suspension was ever communicated to him, and the  defendant's conviction was overturned.

If you have been charged with operating after suspension or revocation, it is important to contact a criminal defense attorney immediately.  Call Attorney Mark Stevens today for a case consultation for your Massachusetts or New Hampshire charges at 1-603-893-0074.

Law Offices of Mark Stevens
5 Manor Parkway
Salem, NH 03079
1-603-893-0074
Admitted to Practice in Massachusetts and New Hampshire




DISCLAIMER: This is legal advertising.  No attorney-client relationship is intended or created by this post.  



11.27.2014

Happy Thanksgiving from Salem, NH DWI Lawyer Mark Stevens (24/7) 603.893.0074



Happy Turkey Day Everyone!  From Salem, NH DWI Defense Attorney Mark Stevens 1.603.893.0074 (24/7)


Just a reminder that all New Hampshire courts are closed on Friday November 28, however, the New Hampshire DMV's  will be open  on Friday 11/28/14,  the day after Thanksgiving.


Wishing everyone and their families a wonderful Thanksgiving Holiday!  Please have a safe holiday. Remember, if you are traveling with loved ones this weekend make sure you  are prepared in advance by following a few simple safe driver tips.

Happy Thanksgiving


    The Law Office of Mark Stevens



Being Prepared for Holiday Travel:
  1. Check your tail and brake lights before leaving.
  1. Make sure your registration and license are easily accessible.
  1.  ****Make sure you have "Mark Stevens" added & saved to your address book in your contacts in case of an emergency***  1.603.893.0074 (24/7)
  1. Don't text &drive (general reminder)
  1. With lots of holiday travelers on the road, stay alert. (Especially after a big turkey dinner!!)





Arrested for DWI in New Hampshire?  Follow this Call to Action!

Call to Action:

Have you or a loved one been arrested? If you have, you’ve probably just endured the worst day of your life. Your anxiety level is probably the highest it has ever been. It is important right now that you promptly take steps to protect your rights.

The Law Offices of Mark Stevens represents people accused of DWI and other crimes. Call right now for a free initial consultation at 603-893-0074. In New Hampshire call 1-800-DWI-LAWS. We look forward to speaking with you.



DWI Defense LawyerCall DWI Lawyer Mark Stevens for a FREE Consultation and Initial Case Evaluation (24/7!) at  1.603.893.0074. We look forward to speaking with you.


11.10.2014

New Hampshire Courts Closed for Veterans Day


Just a reminder that the New Hampshire State Courts and New Hampshire DMV's are closed tomorrow Tuesday November 11th, in honor of Veterans Day.  


Thank you to all of the Veterans who have served our country. 

 From The Law Office of Mark Stevens,

We Salute You. 


Mark Stevens, Criminal Defense Attorney, Law Office of Mark Stevens
Tel: (603) 893-0074 | Fax: (603) 893-5022
Email Attorney Stevens ✉ byebyedwi.com


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New Hampshire DWI Laws by New Hampshire Attorney Mark Stevens.

If you have been arrested in the state of New Hampshire or facing charges for OUI, DWI, DUI, or BWI-  Call the Law Offices of Mark Stevens for your free consultation and New Hampshire DWI case evaluation at 1-603-893-0074 today!

NHCrime.com



10.18.2014

Busted at Keene Pumpkin Fest 2014?

Pumpkin Festival is a great annual tradition in Keene, New Hampshire  that draws thousands of local residents, students, and others to view prize winning pumpkins on display. In recent years, the cops have cracked down on alcohol related celebration at Pumpkin Fest.  Celebrate responsibly, and be careful, the man is everywhere looking for young people intoxicated or in the " unlawful possession of alcohol by a minor ".  If you get convicted of possession of alcohol or intoxication and you are under 21 you can lose your right to drive for 90 days on a first offense, even if you weren't driving when you got busted!



If you get busted at the Keene Pumpkin Festival, call Salem, New Hampshire Criminal Defense Lawyer Mark Stevens (24/7) to find out what your next step should be at : 1-603-893-0074 or visit us online at www.byebyedwi.com for more information. Call Attorney Mark Stevens @ 603.893.0074 (24/7) and Lawyer Up!




8.22.2014

"The Pen Test" by Salem, NH DWI and Criminal Defense Lawyer Mark Stevens 603-893-0074

Pen Tests Go Wrong, Even When Officers Do Them Right


The Pen Test is the first of a series of so-called  "field sobriety tests," and is also called the horizontal gaze nystagmus test; a driver typically endures
this test at the roadside and is also commonly called the "HGN" or
"Gaze" test. This is performed by the officer holding a pen or his
finger about a foot from the driver's face, while waving it slowly
from side to side several times. The officer typically tells the
driver to stand with feet together with arms by your side, and
to follow his pen with eyes only (in other words, don't move your
head). 

The police are trained to call their pen a "stimulus" in order
to make the exercise sound more scientifically reliable than it is.
It is designed to check for a "jerking of the pupils" during the pen
wavings back and forth.   Most drivers assume they've passed "The Pen 
Test" because they complied with the officer's instructions to hold their 
head still.

However, contrary to assumption; any minor jerking of the
pupils can be caused by hundreds of reasons other than alcohol or
drug consumption, and will ultimately cause any driver to fail this
test. One thing to watch out for just before you unintentionally
oblige to "The Pen Test" is a request by the police to "check your
eyes". This sounds pretty innocuous, but it is really just a way to
get you to comply with the "The Pen Test" which you CANNOT be forced
to do. 


YOU CANNOT BE FORCED TO SUBMIT TO THE PEN TEST OR ANY OTHER "FIELD SOBRIETY TESTS" AT THE ROADSIDE!!!!


Call Attorney Mark Stevens to discuss your case and set up a free

consultation and initial case evaluation. Attorney Mark Stevens is

admitted to practice in all Courts in New Hampshire and

Massachusetts. The Law Office of Mark Stevens is located at 5 Manor

Pkwy. Salem, N.H. Attorney Stevens is available 24/7. Call now to set

up your free consultation and discuss your case. 603-893-0074 or visit

us at NHCrime.com to request an appointment. The consultation request

is located at the bottom of the page on www.NHCrime.com.



We look forward to speaking with you,

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Mark Stevens, Criminal Defense Attorney, Law Office of Mark Stevens

Tel: (603) 893-0074 | Fax: (603) 893-5022
info@byebyedwi.com | www.byebyedwi.com

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8.15.2014

New Hampshire Parole Laws : Major Change Effective July 1, 2014 Allows Sentence Reduction for Rehabilitation Efforts

New Hampshire Parole Laws.  In July 2014, House Bill 649 became effective. This law changes parole eligibility for people serving sentences at the New Hampshire State Prison by crediting hard working inmates for their educational and vocational rehabilitation efforts.  A copy of the legislative history and the bill, which was signed into law by Governor Hassan on July 11, 2014, can be read by clicking here.  Inmates classified in general population or on minimum security classifications can be eligible for the following reductions from their minimum and maximum sentences:

FOR REHABILITATION
60 days for completing a vocational program
60 days for completing another vocational program
60 days for meaningful participation in a mental health program
60 days for meaningful participation in a parenting program.
FOR EDUCATION
90 days for a graduate equivalency diploma 
120 days for a high school diploma
180 days for an associates degree
180 days for a bachelors degree.

This is a positive development for those inmates who are working hard on rehabilitation and toward making themselves more employable when they are eligible for parole in New Hampshire.  If you have questions about the parole eligibility of a spouse, child, parent, friend or loved one, please do not hesitate to call me.

Attorney Mark Stevens
Law Offices of Mark Stevens
5 Manor Parkway
Salem, NH 03079
1-603-893-0074
info@nhcrime.com

Attorney Mark Stevens at New Hampshire Parole Hearing


8.07.2014

Salem, NH Attorney Mark Stevens Offers Discounted Legal Fees for Market Basket Employees #ArtieT


DISCOUNTED LEGAL FEES FOR ALL MB EMPLOYEES 

From Salem, New Hampshire Criminal Defense and DWI Attorney Mark Stevens 603.893.0074 (24/7)



In recognition of the struggles Market Basket employees have been going through since the unforeseen ousting of CEO Arthur T. Demoulas, Criminal Defense Attorney Mark Stevens of Salem, NH would like to take this opportunity to offer discounted legal fees to all Market Basket Employees. 


Please feel free to call 24/7 to discuss your case and set up your free consultation with Mark Stevens. Attorney Mark Stevens is a DWI and Criminal Defense Attorney located in Salem, NH and is admitted to practice in all Courts in NH and MA.



We Support #ArtieT 



Mark Stevens, Criminal Defense Attorney, Law Office of Mark Stevens
Tel: (603) 893-0074 | Fax: (603) 893-5022
info@byebyedwi.com | www.byebyedwi.com
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