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Criminal Defense |
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All three of the attorneys at David Burgess & Associates are engaged in the practice of criminal law. The firm tries cases in the Superior and District Court divisions of the Massachusetts Trial Court, and one attorney specializes in criminal defense of juveniles.
Since its inception in 2000, the firm has defended hundreds of people charged with crimes. We have defended people charged with manslaughter, assault and battery, armed robbery, carjacking, rape, indecent assault and battery and other sex offenses, drunk driving, theft, larceny by false pretenses, embezzlement, receiving stolen property, drug offenses, and public order offenses. |
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| Trial Experience |
Most criminal cases are resolved through the negotiation of a plea or dismissal, but a small percentage go on to trial. Of the 51 criminal cases the firm has tried since it was founded, the following 36 resulted in findings of not guilty:
- A February 2008 jury trial of a young man charged with assault and battery.
- A January 2008 bench trial of a man charged with operating a motor vehicle while his license was suspended for operating under the influence of alcohol.
- A January 2008 jury trial of a man charged with aggravated assault and battery.
- A January 2008 jury trial of a woman charged with assault and battery and resisting arrest.
- An August 2007 bench trial of a college student charged with operating a motor vehicle while under the influence of alcohol.
- An August 2007 jury trial of a man charged with operating a motor vehicle while under the influence of alcohol, fourth offense, and of operating a motor vehicle under the influence while his license was suspended for operating under the influence
- A May 2007 jury trial of a man charged with operating a motor vehicle with a suspended license.
- An April 2007 jury trial of a prison inmate charged with attempting to escape.
- A March 2007 superior court jury trial of a man charged with assault and battery with a dangerous weapon, a baseball bat.
- A February 2007 bench trial of a man charged with leaving the scene of an accident resulting in personal injury. The defendant was found guilty of a lesser offense, leaving the scene of property damage, but not guilty of the most serious charges.
- A November 2006 bench trial of a juvenile charged with assault and battery (on an off-duty police officer), resisting arrest and disorderly person.
- A September 2006 superior court jury trial of a man charged with indecent assault and battery on a child under 14 (of three counts, a not guilty finding was entered on one and the jury deadlocked on two, resulting in a mistrial).
- A July 2006 superior court jury trial of a man charged with indecent assault and battery on his stepson.
- A July 2006 bench trial of a man charged with operating under the influence, 3rd offense, who had admitted to police that he had consumed alcohol and received a shot of morphine before he was stopped.
- An April 2006 superior court jury trial of a man charged with rape of a child.
- An April 2006 jury trial of a young woman charged with threatening to commit a crime (murder) and violating a restraining order.
- An April 2006 bench trial of a juvenile charged with disorderly conduct within her high school.
- A March 2006 bench trial of a juvenile charged with burning public property.
- A February 2006 jury trial of a young man charged with assault and battery on his mother.
- A February 2006 jury trial of a man accused of assault and battery with a dangerous weapon (a motorcycle) against his girlfriend.
- An October 2005 bench trial of a juvenile charged with stealing a bicycle.
- A September 2005 bench trial of a juvenile charged with breaking and entering in the daytime to commit a felony.
- A February 2005 bench trial of a man charged with assault and battery with a dangerous weapon.
- A November 2004 jury trial of a man charged with operating under the influence of alcohol.
- A September 2004 trial of a man charged with operating under the influence of alcohol.
- An August 2004 trial of a man charged with assault and battery and threatening to kill a woman.
- A June 2004 trial of woman charged with operating a motor vehicle after suspension of her license.
- An April 2004 bench trial of a man charged with operating under the influence of alcohol, third offense (the client pled guilty to the new offense but challenged the Commonwealth's proof of the two prior convictions).
- A January 2004 jury trial of a woman charged with two counts of assault and battery with a dangerous weapon.
- A January 2004 jury trial of a man charged with assault with a handgun and threats (the jury found the defendant not guilty on the most serious charge, assault with a dangerous weapon, and on two counts of threatening, and found him guilty on three other counts).
- An October 2003 jury trial of an inmate of the Concord Prison accused of escape.
- A July 2003 jury trial of a man charged with procuring alcohol for minors.
- A March 2003 jury trial of a man accused of indecent exposure.
- An October 2002 bench trial of a man charged with threatening to kill a woman.
- A September 2002 jury trial of a man charged with assault and battery with a dangerous weapon.
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| Pre-Trial Success |
Success in criminal cases is often measured in ways other than a verdict at trial. For many defendants, obtaining a not guilty verdict is so unlikely that the better strategy is to seek the best possible resolution before trial. Criminal defense includes pretrial motion practice, negotiation, and sentencing advocacy. The firm’s extensive experience in pretrial success in criminal cases includes the following:
- Prevailing on a motion to suppress five bags of marijuana found on a man's person, on the ground that the police searched him illegally; as a result, the case was dismissed.
- Obtaining orders of pretrial probation (an order that results in all charges being dropped if the defendant stays out of trouble for a specified period of time) for many high school and college students charged with drug offenses and public order offenses.
- Persuading a superior court judge to impose a non-custodial sentence (probation and restitution) in the case of a young woman who had pled guilty to having embezzled more than $130,000 from her employer.
- Obtaining an order of suppression of drugs and other evidence found in an unlawful police search of a woman's car. With that evidence excluded, the prosecution could not prove its case and the court dismissed all charges against the woman.
- Prevailing in a motion to exclude from evidence in an operating under the influence of alcohol case any mention of blood test results obtained from the firm’s client, on the ground that the police had failed to tell him of his right to obtain an independent blood test. The case was subsequently tried and the jury returned a verdict of not guilty.
- Persuading the court to suppress incriminating statements and field sobriety tests after the police illegally entered and searched the home of a man who had been involved in a single-car accident.
- Prevailing on a motion to suppress marijuana found on a young man after police searched him because he was with a friend who was stopped and arrested on an outstanding warrant.
- Persuading the court to reduce several charges of assault and battery with a dangerous weapon (baseball bat, rock, knife) to simple assault and battery.
- Negotiating a “continued without a finding” disposition for a woman charged with embezzling over $30,000 from her former employer.
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| Expanded Services |
All of the firm’s attorneys are certified by the Committee for Public Counsel Services as bar advocates. That is, in addition to our private practice we represent indigent defendants who qualify for court-appointed counsel.
We also represent individuals challenging their sex offender classification before the Sex Offender Registry Board and those challenging the Commonwealth’s petitions to hold them in custody as Sexually Dangerous Persons after they have finished serving sentences for sex offenses. |
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| What to Expect |
Preliminary telephone consultation
We offer a brief initial consultation at no cost. During this information-gathering process, you explain the nature of the criminal charges and the relevant background facts, and we provide our preliminary assessment of the case, the various courses of action and, if possible, the estimated costs. We may ask you to fax us copies of police reports or other documents in order to properly assess your case.
Office conference
If a longer and more comprehensive consultation is needed, we can offer an office visit or phone conference. This session covers a detailed discussion of your case and your objectives, an explanation of the legal process and applicable law, and a discussion of strategy and fees. The cost for this session is calculated at our standard rates. If you decide to hire us to defend you, this meeting is followed by the execution of a written fee agreement and formulation of a plan of action.
Requesting a consultation
Please do not send details of your case by email. We cannot review any details of your case until we have verified that the firm does not represent an adverse party. If you call and leave a voice message, your call will generally be returned within 24 hours. We check voice mail several times a day and on weekends. |
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