O'Brien Law Boston

Criminal Defense Blog

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We are operating and fully serving clients in person and over Zoom

At O’Brien Law Boston P.C. we are ready to protect and defend during COVID-19. Our number one priority is to serve our clients safely and continue to fight for their rights and liberty.

We are a full service criminal defense law firm. We are up to date on all of the best practices. We have been following closely all of the issues and developments in criminal law during the pandemic. We know that COVID-19 / Coronavirus has had a major effect on our clients lives and criminal defense cases.

We are and have been full service. That means we are meeting with clients over Zoom and in many instances in person. We are confident in our COVID-19 protocols and the safety measures we have taken

We strive as attorneys to make sure that all of our clients are informed and our goal is for all of their criminal cases to move forward as we pursue their rights and give them the best defense possible.

If you have questions or concerns about your criminal defense case then we have answers please contact attorney Francis T. O’Brien Jr.

We can handle your criminal case with Video Conferencing.

We are offering online video conferencing as a way to communicate and manage your case. Our online services are easy and secure. We can meet with you in a secure conference room online.

New DUI / Drunk Driving Laws May Be Coming in State Budget

New Drunk Driving Laws May Be Coming in Massachusetts New State Budget.

If you are faced with DUI charges or Driving Under the Influence in 2021 then you might need to get an ignition lock device, depending on a certain provision that is part of the state’s new budget. 

Currently a first offense DUI in Massachusetts does not require an ignition lock but second offenders require such a device. The proposal is from Republican State Senator, Bruce Tarr. 

Bruce Tarr as quoted in the Eagle Tribune. “This is something I’ve been working to achieve for years because I’m firmly convinced of its ability to save lives,” said Tarr, a Gloucester Republican and the Senate minority leader. “It’s a proven way to save lives and prevent tragedy on our roadways.”

These devices would be for first-time offenders whose blood alcohol content at the time of arrest is .15% or above. Drivers are considered impaired with a blood alcohol content of .08% or more.

The proposal might be supported by the governor, even though Massachusetts has some of the strictest drunk driving laws in the country.

If you have been charged with DUI or a criminal offense in Massachusetts then contact attorney Francis T. O’Brien Jr. today. He is regarded as one of the top DUI attorneys in Massachusetts.

Ineffective Assistance of Counsel May Be Grounds for Withdrawal of Guilty Plea

Today, the Masschusetts Appeals Court issued its decision in Commonwealth v. Almonte, discussing the standard for a criminal defendant to withdraw his guilty plea on the grounds of ineffective assistance of counsel.

In 2005, the defendant was charged with one count of assault and battery by means of a dangerous weapon, and one count of assault and battery on a child causing injury, arising out of allegations that he had physically abused his minor daughter. Following plea discussions, the defendant and the Commonwealth agreed to plead guilty on both counts, with concurrent sentences of one-year of confinement, suspended for two years, upon certain probationary terms. The defendant and the Commonwealth submitted a “Tender of Plea” form, also known as the “green sheet,” to the Lawrence District Court, outlining these terms.

Massachusetts High Court Strikes Down Mandatory Sentence of Life Without Parole For Juveniles

DECEMBER 30, 2013

Until last week, Massachusetts’ statute imposing a mandatory sentence of life without parole for those convicted of first degree murder applied equally to adults and juveniles who were under the age of 18 at the time of the crime. However, interpreting a 2012 decision from the United States Supreme Court, the Massachusetts Supreme Judicial Court (“SJC”) has held that denying such juveniles the opportunity to be considered for parole is unconstitutional under both the federal Constitution and the Massachusetts Declaration of Rights.

In 1981, Gregory Diatchenko, who was 17 years old at the time, stabbed a man nine times, killing him. Diatchenko was convicted of first degree murder and was sentenced to a mandatory term of life in prison without the possibility of parole. The sentence ensured that Diatchenko would die in prison.

Speedy Trial: A Guaranteed Right Or An “Either/Or” Choice?

DECEMBER 23, 2013

On December 5, 2013, the Massachusetts Supreme Judicial Court (SJC) heard oral arguments in Commonwealth v. Taylor, a criminal case that seeks a balance between a defendant’s right to a speedy trial and his right to receive “automatic discovery” from the prosecution.

In addition to a criminal defendant’s right to a speedy trial under the Sixth Amendment to the United States Constitution, Massachusetts Rules of Criminal Procedure Rule 36 provides that a criminal defendant must be brought to trial within twelve months of the date of his arraignment. Under the rule, some specific periods are excludable from the total calculation of the twelve months. If this right is violated, then the defendant is entitled to a dismissal of the criminal charges against him in the case.

The Massachusetts rules also require that the prosecution automatically turn over to defense counsel certain items and information that are relevant and material to the prosecution’s case or to the defendant’s potential defenses. Such information and items include witness statements, statements by the defendant, and other evidence collected by the prosecution in connection with the charges against the defendant.

In Taylor, the defendant was arraigned on murder charges in Suffolk Superior Court in August 2006. By the fall of 2006, the prosecution still had not turned over critical evidence that fell within the mandatory automatic discovery provisions of the Massachusetts rules. That evidence included a recording of the police interrogation of the defendant and statements by a chief witness (who the defendant claimed was actually responsible for the alleged murder), as well as seventeen audio recordings of police interviews conducted in May 2006 and the audio and transcripts of eleven witnesses who testified before a grand jury. Although the court ordered the prosecutor to produce the missing automatic discovery items, the prosecutor did not timely do so, and requested additional time. Defense counsel made clear to the prosecution and the court that, notwithstanding the prosecution’s request for more time to comply with its mandatory discovery obligations, the defendant was not waiving his right to a speedy trial. The court granted the prosecution additional time, but noted that “Rule 36 will not be waived from this date until the time of compliance.”

Computer Breach Likely in Convention Credit Card Theft Case

DECEMBER 20, 2013

This fall, hundreds of attendees at conventions in Boston fell victim to credit card theft. However, police now think that there could be many more victims throughout the city.

According to Boston Police Detective Steven Blair, the thefts are more widespread than previously thought and people who did not attend the conventions at the Boston Convention & Exhibition Center in October and November could also be victims.

The new information comes after interviews with credit card companies. Blair said that there could be hundreds more victims. This is in addition to the hundreds who have already reported fraudulent and unauthorized charges to their credit cards after visits to Boston.

At present, there have been about 300 people who have reported compromised credit cards after attended the American Society of Genetics meeting and the American Public Health meeting, held in October and November respectively.

Although police remain unsure as to how the thefts were carried out, the thieves most likely hacked into a computer system to capture the data. There has not been a breach found at the convention center, adjacent hotel, or the local restaurants and bars. The Massachusetts Convention Center Authority announced that the thefts did not occur in the facility to reassure convention planner scheduled to meet in January. Some employees of the authority were also victims.

After the convention in Boston, victims of the theft reported their credit cards being used around the United States in clothing stores, drug stores, and other retailers to buy gift cards. The gift cards are able to be resold for cash.

The victims reported that they used their credit cards mostly in nearby restaurants and businesses, including M.J. O’Connors and City Bar. Both of these establishments are located in the Westin Boston Waterfront Hotel. The Briar Group owns both restaurants, and reports that its security consultants are yet to find any problems in their systems. Similarly, the Westin has also been unable to find any breaches of security.

The state attorney general and US Secret Service are also investigating the theft. Boston Police have reached out to major credit card companies, and with their help are retracing the steps of the potential victims and pinpointing locations where the cards were used.