Case Results
Worcester County DUI OUI Convictions from 2011 -2018 Overturned
Worcester District Attorney will be sending more than 4,700 letters to Worcester County residents who may be entitled to a new trial after the results of breath tests used in their drunken driving (DUI OUI) cases between the years 2011 and 2018 were deemed unreliable. Anyone who receives this letter should consult a lawyer to help them decide how best to proceed. The letter contains details about the collateral damage that a guilty finding might have had on some of the defendants and the potential to request a new trial. If you were found guilty, entered into a plea agreement
Differences Between a Criminal Case and a Civil Case
Wrongdoing is addressed under two different types of cases: criminal and civil. Civil cases generally involve disputes between individuals. These cases are disputed through civil lawsuits. Criminal cases, on the other hand, are considered offenses against the state, or society as a whole. The state is responsible for prosecuting criminal cases. While there may be some overlap between civil and criminal cases, an important distinction between them are the legal standards of proof. In every case brought to trial, be that criminal or civil, one side carries the “burden of proof.” The burden of proof in criminal cases, for instance,
What to do when your ex refuses to comply with your parenting schedule?
Once you’ve completed the process of going through a divorce, settling on child support, and agreeing to a parenting schedule, you’d think you can finally move forward and start your new life. Unfortunately, this isn’t always the case. When you’re facing the frustrating reality that your ex simply won’t comply with your legally binding agreements, whether that be alimony payments or a parenting schedule, you have options. Massachusetts residents can file a complaint for contempt to address non-compliance with temporary orders and final judgments. Understanding the ins and out of contempt proceedings is an essential part of litigation in the
If You’ve Been Injured, Document Every Detail
When you incur an injury at the fault of another, it’s crucial to document your experience from injury to recovery. When filing a personal injury claim, the documentation needed to prove your claim is based on the nature of the injury, the events leading to an incident, and damage resulting from the accident. Every detail is essential. Follow these guidelines for documenting your injury. Official Reports First, immediately following an injury, you should seek medical attention. Doctors are required to create official reports documenting your injuries. Even if the injury doesn’t appear to be severe, having medical documentation can provide
How much time do I have to file a personal injury case in Massachusetts?
The timeframe in which you have to file your lawsuit is called the statute of limitations. Each state sets its own laws and regulations regarding time limits to file various claims. The majority of personal injury cases in Massachusetts have a statute of limitations of three years. The statute of limitations begins on the date in which the personal injury incident occurs. Therefore, you generally have three years from this date to start your lawsuit. There are a few exceptions to this rule, however. For instance, if you are involved in a hit and run accident, a suit must begin
Liability And Wrongful Death With Covid-19
In Massachusetts, over 8, 000 people have already died from Covid-19. Along with hospitals, many of these deaths have also occurred in overcrowded, ill-prepared long-term care facilities. Despite this, many people continue to act as if there is no danger, with no regard for the deadly consequences of their actions. From inappropriate beach parties thrown by dozens or hundreds of teenagers at once, to thousands gathering to exercise their constitutional rights in protest, many Americans—and many Massachusetts residents—have knowingly and willingly acted in defiance of government safety recommendations. For the grieving survivors of COVID-19 victims or for patients slowly recovering,
Charged with Operating Under the Influence
The Defendant was charged with Operating Under the Influence and a Marked Lanes Violation. The Commonwealth called one witness and the Defendant called three, including himself. The jury returned a verdict of NOT GUILTYon the OUI and the judge made a finding of NOT RESPONSIBLE on the civil infraction and ordered that the Defendant’s license be restored. The Jury deliberated for approximately twenty minutes before returning a verdict of NOT GUILTY.
City of Worcester Seeks Injunction Against Our Client
The City of Worcester brought and action against the defendant to enforce certain provisions of the Revised Ordinances of the City of Worcester. Specifically the City sought an injunction against the defendant to replace 1370 square feet of sidewalk based on work he performed on a retaining wall which abutted the sidewalk. The trial was originally scheduled for May 28, 2007 but the City moved for a continuance to perform a survey at the property and secure an expert after the parties could not negotiate a settlement and the Defendant answered ready for trial. The motion to continue was allowed
Indecent Assault and Battery
The Defendant was charged with 3 Separate Complaints of Indecent Assault and Battery on 3 different victims. After extensive discovery, it was revealed that one alleged victim had made certain statements that seriously questioned the credibility of the allegation and the complaint was DISMISSED. The second case was tried before a jury over two days and the Defendant was found NOT GUILTY on all counts. The third case was DISMISSED at the request of the government as a result of the second cases not guilty verdict and the facts brought to light during the trial.
Massachusetts RMV Board of Appeals
Client had lost her driver’s license for 5 years as a result of a refusal to submit to a chemical test on a second OUI Offense. Our office appealed the decision to RMV Board of Appeals and took the position that because the first OUI resulted in a continuance without a finding and not a guilty finding that the client had only one prior conviction for purpose of her license suspension and that therefore her license loss should for 2 ½ years and not 5 years. The Board denied the request and upheld the 5 year licensee loss. Our firm
