DEFENSE STRATEGIES
INFORMATION CENTER

Some Massachusetts criminal defense lawyers take a wait-and-see approach.  They stall until the first court date, or until they receive the police reports, before investigating and working on your case.

By contrast, our Massachusetts criminal law defense strategists believe there's no time to waste.  The most critical window for defense work may be the first few days following an arrest, or even prior to formal charges being filed by the District Attorney's office.  By getting to work immediately, we can often locate favorable defense evidence and witnesses, and get a "head start" towards defeating your charges.  To learn about our favorite defense strategies, go here.

Our Attorneys Believe Strongly
In the Constitution, In the Presumption of Innocence, and
In Designing a Strong Defense for Our Clients
Struggling Against the Awesome Power of the Government

Just because you may have been arrested and charged or merely investigated for a crime does not  rise to any inference of guilt.  Every person in Massachusetts is presumed to be innocent and no person may be convicted of any offense until each element of the offense is proved beyond a reasonable doubt by the prosecutor (through the District Attorney's office).

The law does not require you to prove your innocence or produce any evidence at all.  The presumption of innocence alone is sufficient to get you off, unless the judge or jury is satisfied of your guilt after careful and impartial consideration of all the evidence in the case.

Unfortunately, the reality is that once you've been charged with a crime, you end-up being at a serious disadvantage.  Across the Commonwealth, juries are often inclined to presume guilt and law enforcement and the D.A. have the benefit of your tax dollars to build and present a strong court case against you.

The Massachusetts Criminal Defense Group:
We Tip the Balance in Your Favor

Our attorneys give you the advantage.  We have the ability to build a defense that can stand up to any prosecutor.  Because we are a statewide law firm, we utilize a brain trust of defense strategies proven in courtrooms in each of the Massachusetts courts.  Unlike a sole practitioner, our firm has the power to pursue these defense strategies effectively and be responsive to our clients.

Seven Heads Are Better Than One!

The Massachusetts Criminal Defense Group is organized not as a collection of separate offices but as a statewide brain trust.  Our knowledge is shared across the Commonwealth - from the South Shore to the North Shore and from Springfield and Worcester all the way to the Boston Municipal Courthouses - solely for the benefit of our clients.  For example, a client facing an assault and battery charge in Lowell may be best served with an expert that we have used in Springfield.  If a particular strategy worked well on the Cape, it is shared throughout the firm and utilized by any of our seven attorneys on other cases where it makes sense.

Our firm's structure allows us to draw from a large pool of resources, attorneys and legal knowledge.  When you hire our firm, you don't just get the expertise of a single attorney, you get the shared expertise of a very large firm that concentrates day-in and day-out in criminal defense.

Our Independent Investigation

Our attorneys begin each case by conducting a thorough and independent investigation separate and apart from law enforcement.  We leave no stone unturned when defending clients accused of a Massachusetts criminal offense.

• We study the facts.  This means that we read carefully all of the police reports and documentation that the prosecution gives us.  That provides us with a starting point, but one must keep in mind that police reports are self-serving documents, written by them to justify the police officer's conduct.  Most of the time, they do not give a balanced or fair representation of what actually occurred.  However, they can sometimes provide clues of  areas which need independent investigation.  If we know the case better than the prosecutor, we are more likely to prevail.
• We visit the crime scene so that when our attorneys are cross-examining witnesses at trial, we have an image of the scene which gives us knowledge and power.  Let's say that a police officer testifies to seeing drugs on your dining room table when he first entered the home.  If we know that it isn't possible to see your dining room from the entry way, we can then attack the officer's testimony.
• We meet with the District Attorney's office, oftentimes before they file charges.  Just as the police meet with the prosecutor at the beginning of the case (to present the evidence in an attempt to convince the DA to file charges), we can do the same - telling our side of the story and presenting evidence, in our attempt toward getting them not to file charges, or seeking that they file lesser charges than what was initially thought.

Just because your story is told in a different way than, say a police officer's, it does not mean that one version is accurate and the other isn't.  For example, if you are charged with battering your wife, the "truth" may be that you were acting in self-defense and that you'd been a victim of physical abuse just before the incident stemming from her anger when you first filed for divorce.

Our Favorite Defense Strategies

When you're charged with a crime, you have the right to defend yourself with the best legal representation available.  There are a handful of common criminal defenses often used by our legal team.  Some of the most common are discussed below:

General Defenses

1. Self-Defense:  If our client was accused of assault and battery, was he or she actually acting in self-defense?  Self-defense is a lawful excuse for domestic violence and in certain assault and battery charges.
2. Unlawful search and seizure:  If law enforcement did not have probable cause or a valid search warrant to conduct a search, then we may have grounds to have all evidence obtained in that search excluded from the case.
3. Miranda rights and 5^th Amendment violations:  When police arrest you and take you into custody, they must read you the Miranda warning, which explains that you have the right to remain silent and the right to have an attorney present.  Evidence obtained through harsh interrogation may not be used as evidence against you if you were not properly Mirandized.
4. Extenuating circumstances:  There are times when the best defense involves proving that there are special circumstances surrounding the crime.  We will seek sentencing alternatives to jail, or reduced jail time, including Anger Management Classes or Domestic Violence Counseling.
5. Arresting Officer Database:  Law enforcement officials tend to write the same things in each of their police reports and criminal complaints.  The problem is escalating to a point where some question the use of pre-written, "Mad Libs" reports about different assault and battery arrests, drug crimes, and some theft arrests.  Attorney Irwin M. Pollack, our Founder and Lead Attorney, has heard of some attorneys who have started databases relating to specific officers to see how unique each of their reports are.  When cutting and pasting several together, it can paint a vivid picture for the judge and jury.
6. Prosecution didn't meet their burden:  Our favorite defense is that the District Attorney failed to prove our client's guilt beyond a reasonable doubt.  By raising questions about the credibility of their witnesses, we seek to create reasonable doubt in the minds of the jurors so they will acquit our client.  We demonstrate bias on the part of the Commonwealth's witnesses who may be lying, we expose police mistakes in gathering, maintaining, and testing evidence, and we challenge the believability of a witness's story on the grounds of logic or common sense.

DUI/OUI Defenses

7. Law enforcement officers are trained to write complete and accurate reports and include all the information in the report that is supportive to the case and their arrest decision.  So, it is very important that we point out what is not in the report as well as what is listed in the report.  For example, if our client pulled over when the officer's lights went on, provided his or her driver's license and registration when asked, and got out of the car when ordered, we will point out all of what our client did do - not just what he or she didn't do.
8. Our attorneys will ask that our motions be heard late in the day.  This way, we'll see how the judge analyzes motions that are heard before our motion is argued, and we'll observe the prosecutor in action.  We also know that if judges are going to rule for us, some may prefer not to do so in front of a courtroom full of lawyers.
9. 15 Minute Waiting Period:  The Commonwealth must show that the officer complied with the breath testing methods, and that the operator observed a motorist accused of DUI/OUI for 15 minutes prior to administering any test.  The purpose is to ensure that the suspect does not burp, regurgitate, belch, or contaminate the breath sample.
10. Drinking and driving isn't against the law - It only becomes a crime when alcohol consumption affects an individual's ability to safely operate a motor vehicle.  We emphasize this in our quest to insist that the prosecution prove, beyond a reasonable doubt, that our client was operating a motor vehicle, on a public way, while under the influence of alcohol or drugs.

Q: The District Attorney has offered to let me plead guilty with no jail time on my first offense.  Is this a good deal?

A:  Not necessarily.  It really depends upon the level of violation and the charge itself. Many have accepted an unfair plea simply because they were promised that they would not get jail time. A number of these people probably had little or no risk of actually serving a jail sentence even if they went to trial and lost.

Q:  The police want my side of the story.  Should I talk to them?

A:  It is natural to want to explain yourself to the police.  However, it is very dangerous to make any statement to the police without having one of our attorneys present.  They know that you don't want to be arrested.  They know that you want to convince them that you are not guilty.  They will use words they know will make you want to talk.  They will prey upon your instincts by saying "we just want to clear a few things up," or "we just have a few questions," or "it doesn't look good if you don't cooperate."  They may try to intimidate you, or they'll try to make you think that they're your best friend. 

But when you talk to the police, you're falling into their trap and giving them more information that can, ultimately, be used against you.  What you may not know is that law enforcement tends to overcharge their criminal complaints.  This means that they add crimes or allege more serious crimes than the known facts support, most often to intimidate the accused into accepting a plea bargain.  The more you talk to them, the more ammunition you're giving them to help them prove their case against you.

Here's an example:

It was a rainy January night and Pat had just finished dinner with two friends and a couple other people at a local restaurant.  Pat had just stopped at a gas station for fuel and now was proceeding towards Interstate 495 by the way of Route 9 West.  Visibility was low due to the large amount of rain that had fallen in the area, as well as the amount of standing water on the roadways being splashed up by fast moving motorists.  Pat witnessed a motorcycle race by and strike the passenger side mirror of another car, knocking the mirror off its mounting.  Pat made eye contact with the other vehicle's operator and saw that the other driver was distressed, but due to the poor visibility Pat did not see the motorcycle's license plate or anything note worthy to describe it.  Based on the lack of information Pat could provide, he proceeded forward onto Interstate 495 towards home, when about a mile down the road he realized the operator of the damaged vehicle had pulled up beside him and was signaling for Pat to pull over.  Pat eventually pulled over, the damaged vehicle pulled in behind him, and a police cruiser with its emergency lights going pulled in behind the other vehicle.  Almost instantly, the operator of the other vehicle came running up to Pat's car, screaming at Pat for not stopping earlier to help him report the accident.  Pat, becoming concerned for his safety, closed his window and observed the other operator go and speak with the police officer.

The officer then approached Pat's car and asked for Pat's license and registration.  Pat was visibly nervous and had trouble finding his identifying documents, fumbling with various papers from his glove box.  The officer, observing Pat, requested Pat to exit the vehicle.  Pat became confused as to why he was being asked to exit the vehicle, since at most he witnessed an accident.  However, the officer demanded that Pat exit the vehicle and pulled on the door handle.  Pat grabbed the door, refusing to exit the vehicle, but eventually relented and exited the car.  The officer spoke to him about the initial accident for a couple of minutes and then the officer returned to his cruiser. Pat reached for his cellular phone in the car, when someone approached from behind and grabbed his arm.  Pat thought he was being grabbed by the other operator and attempted to defend himself.  Pat swung his elbow, striking the operator in the chest and then turned around only realize that it was the officer grabbing him from behind, not the other operator.  The officer placed Pat in handcuffs and said he was under arrest for OUI.  Pat became very angry based on this stressful situation and pulled away from the officer, demanding to know why.  The officer stated that the other operator said Pat was weaving on 495 while the other operator followed him.  The officer also thought Pat appeared drunk during their interactions.  Pat yelled "I only had one beer tonight, but I thought one of the new people I met dropped some drugs in my drink."  Pat demanded to have a Breathalyzer when they got back to the station. Once back at the station, Pat continued to rant and yell because of the situation.  At one point, the officer came into the cell and asked Pat multiple questions, including whether he wants to take the breathalyzer test.  Pat is so mad that he cursed at the officer and the officer left the cell.

The next day Pat goes to court and is shocked by the charges that are read by the clerk:

1. OUI - Liquor or .08%
2. OUI - Drugs
3. Identify Self, MV Operator Refuse
4. Assault & Battery on Police Officer
5. Resisting Arrest
6. Disorderly Conduct
7. Negligent Operation of Motor Vehicle
8. Seat Belt, Failure
9. Passing Lane Violation
10. Breakdown Lane Violation
11. Marked Lanes Violation

On top of all the charges, Pat also receives notification a few days later that his license has been suspended for 180 days for refusing the Breath Test.  Despite Pat's horror, this is just an example of the police trying to throw something against the wall and hoping that it sticks.  In other words, it's overcharging.  Although Pat may not have been wearing his seatbelt, the other ten charges could be dismissed or Pat could be found not guilty at trial.  Pat's statement that he may have been drugged cannot be the sole evidence of him driving under the influence of drugs.  Despite Pat striking the officer, evidence could be presented that he was in a nervous situation and did not know it was a police officer that he was striking.  As for the weaving report, the other operator's credibility can be challenged in relation with the weather and other circumstances. There can even be evidence shown to the RMV soon after the arrest to refute the Breathalyzer "refusal".

Notwithstanding all of our defenses, if Pat hadn't spoken, he wouldn't have gotten himself into so much of a mess!

If you have been arrested, or if you are under investigation for a crime, the best time to call us is right now.  You know what you are up against - a prosecutor who is determined to make you pay the price for something that you did - or didn't do.  The stakes are high.  You need a criminal defense lawyer who knows how to fight hard and fight smart.  Call our criminal defense attorneys at (800) 461-6900 or contact us online for a no-obligation consultation at any of our local offices.