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Criminal Defense |
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David Burgess tries cases in the Superior and District Court divisions of the Massachusetts Trial Court.
Since opening his firm in 2000, David has defended hundreds of people charged with crimes. He has defended people charged with manslaughter, armed assault with intent to murder, assault and battery, armed robbery, arson, 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.
The majority of David's criminal cases have been in the Middlesex Superior Court, in Woburn, and the Concord District Court, which serves the municipalities of Acton, Bedford, Carlisle, Concord, Lexington, Lincoln, Maynard and Stow. |
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| Trial Experience |
Many criminal cases are resolved through the negotiation of a plea or dismissal, but others go to trial. Of the 44 criminal cases David has tried since opening his private practice in 2000, the following 31 resulted in findings of not guilty:
- A November 2010 jury trial of a woman charged with operating under the influence of alcohol
- A September 2010 jury trial of a woman charged with negligent operation of a motor vehicle
- A January 2010 bench trial of a man charged with failure to register as a sex offender, subsequent offense
- A January 2010 bench trial of a man charged with operating under the influence of alcohol, second offense
- A November and December 2009 jury trial of a man charged with assault with intent to murder, armed robbery, assault and battery with a dangerous weapon and unlawful possession of a firearm
- A September 2009 jury trial of a man charged with assault with intent to murder and assault and battery with a dangerous weapon
- An April 2009 jury trial of a man charged with negligent operation of an automobile
- An April 2009 jury trial of a man charged with assault and battery
- A July 2008 superior court jury trial of a man charged with arson of a dwelling
- A June 2008 bench trial of a teenager charged with operating under the influence of alcohol
- 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 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
- A March 2007 superior court jury trial of a man charged with assault and battery with a dangerous weapon, a baseball bat
- A September 2006 superior court jury trial of a man charged with indecent assault and battery on a child under 14 (the court entered a not guilty finding on one count and the jury deadlocked on two, resulting in a mistrial and subsequent dismissal of all charges)
- A July 2006 superior court jury trial of a man charged with indecent assault and battery on his stepson
- An April 2006 superior court jury trial of a man charged with rape of a child
- 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, second offense
- 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. David's extensive experience in pretrial success in criminal cases includes the following:
- Persuading a superior court judge in a drug trafficking case to suppress a large quantity of cocaine found in a man's car, on the ground that the arresting officer's continued detention and questioning of the man after a routine stop for a civil moving violation violated the man's constitutional rights;
- Persuading a superior court judge to order suppression of a handgun and drugs found after an automobile stop on the ground that the police lacked the constitutionally required reasonable suspicion to justify stopping the car, resulting in dismissal of all charges;
- Persuading a superior court judge in an armed robbery case to exclude from evidence an alleged victim's identification of the defendant from a photo array where the defendant was the only white subject in the array and one of only two subjects wearing eyeglasses;
- 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.
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| Expanded Services |
David is certified by the Committee for Public Counsel Services as a bar advocate. That is, in addition to his private practice he represents indigent defendants who qualify for court-appointed lawyers.
He also represents 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
David offers 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 he provides his preliminary assessment of the case, the various courses of action and, if possible, the estimated costs. He will ask you to fax or email 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, that can be arranged for a fee, based on David's normal hourly rate. This session covers a detailed discussion of the case and the client's background and objectives, as well as 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 the client decides at that point to hire David, 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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