Family Law

• Child Abuse

Criminal Law

• Criminal Defense
  SUGGESTIVE IDENTIFICATION IS NOT ADMISSIBLE WHEN WITNESS PROVIDES PHOTOGRAPH THAT IS USED IN PHOTOGRAPHIC ARRAY. – Worcester, Massachusetts Criminal Defense Lawyer, Michael J. Brothers
• DUI/DWI
  Evidence in a drunk driving case generally falls into five categories. The first of these consists of driving symptoms that lead to traffic stops. These include weaving in and out of lanes, braking repeatedly, lane straddling or erratic driving. According to the National Highway Traffic Safety Administration (NHTSA), there are as many as 20 different driving patterns recognized to be possible indicators of intoxication.  I scrutinize the basis the traffic stop and challenge them with a motion to suppress if the police did not have an adequate basis for the stop.
• Traffic Violations
  Possession charges often follow seemingly random stops by police. If you believe you were arrested and searched as a result of profiling and not due to a legitimate traffic violation or other reason, we can work to have your weapons charge dropped.
• Sex Crimes
  A conviction of a sex crime may result in harsh criminal penalties, including significant jail sentences and lifelong sex offender registration. Simply being accused of sexual assault can result in a strong negative social stigma and greatly inhibit a person’s ability to obtain gainful employment.
• Fraud
  Likewise, we can seek the opinions of expert psychologists to explain your alleged behavior. In the case of Internet fraud, we can examine your financial records to seek proof that you deserve to a lesser charge or no charge at all.
• Robbery
  Robbery – The use of force, violence, assault, or putting in fear while taking money or other property in which a person may plan on permanently or temporarily keeping the material from the owner.
• Theft
• Misdemeanors
  When people fail to appear in court to face charges brought against them, warrants are usually issued. Anything from failing to appear for a misdemeanor to felony criminal charges or an affidavit of a probation or community control violation allows the judge to issue a warrant for your arrest. You may be aware of these charges and choose to ignore them, but they won’t go away. When you go to apply for a job or apply for a loan or apartment, they can come back to haunt you. You also run the risk of being arrested if you have an outstanding warrant, incurring more fees from bail to fines. You may also face jail time until a judge is ready to hear your case.
• Drug Crimes
  Drug offenses are treated very seriously by the Massachusetts legislature and criminal courts. Convictions of drug charges may carry penalties, which can include jail time, probation and loss of your driver’s license. Some drug charges also carry mandatory minimum penalties.
• Assault
  Section 13A. (a) Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 21/2 years in a house of correction or by a fine of not more than $1,000.
• Murder
  Commonwealth v. Rivera the Supreme Judicial Court stated that “the defendant’s false statements to the police and refusal to cooperate... did not constitute the ‘aid’ or ‘assistance’ required to find him guilty as an accessory after the fact to murder under” the Massachusetts statute.   The basic facts of the case are as follow:  After socializing with friends, the defendant “was returning home with Hector Soto and Josue Santos in a motor vehicle driven by Santos. They stopped at a convenience store.... Soto began arguing in the parking lot with” the victim and the two exchanged punches. “The defendant then stepped outside the vehicle and joined the fight to assist Soto. During the course of the fight, Soto stabbed the victim. Soto and the defendant then returned to the vehicle, and Santos quickly drove away.... The victim later died from his stab wound.” A week later, two police detectives (Mitchell and Walsh) interviewed the defendant about the incident. “The defendant told the detectives that he had seen the news on television and knew that a young man had been killed.... When Mitchell asked the defendant where he was at the time of the incident, he said he was at ‘Rashad’s grandmother’s house’ in... Hyde Park... with some of his friends. He said that he had driven there alone, returned home alone, and did not stop anywhere on his way home.... When Mitchell asked whom he was with in Hyde Park,” the defendant “responded that he usually spends time with Joel, Paul, and Pat. Recognizing that ‘Joel’ was a reference to Soto, the detectives pressed the defendant for more information about Joel.... When Walsh asked the defendant if he had” Joel’s telephone number, the defendant said that he did, but he declined to provide the number because “it feels like the way you’re doing it is,... whoever I give you, that’s who you’re going to go after, no matter what.... I’m not into just involving other people... and this is serious.’ Walsh replied, ‘If you don’t want to give it to us, that’s fine. That’s up to you.” At the joint trial of Soto and the defendant, Soto was convicted of second-degree murder and the defendant was convicted as an accessory after the fact to murder.  The Accessory After th Fact statute provides that “whoever, after the commission of a felony, harbors, conceals, maintains or assists the principal felon... or gives such offender any other aid, knowing that he has committed a felony... with intent that he shall avoid or escape detention, arrest, trial or punishment, shall be an accessory after the fact.” On appeal, the defendant argued that the evidence was insufficient to support his conviction.
• Juvenile Crimes
  It may surprise you to hear this, but a criminal arrest or conviction can seriously affect the direction of your adult life. As a result, it is important that you immediately contact a qualified and experienced juvenile crimes attorney if you are under the age of 18 and accused of any crime.
• Probation Violation
  Our lead attorney has more than a decade of experience as a trial attorney and has defended clients accused of a variety of probation violations. He can meet with you, discuss your situation, and devise a strategy designed to limit or eliminate the consequences of your alleged failure.
• Homicide
  Vehicular homicide is a serious charge that requires the help of a serious litigator.  We take a team approach that includes, as appropriate, the assistance of investigators, accident reconstruction experts, and toxicologists.
• Shoplifting
• Restraining Order
  For instance, federal law prohibits convicted felons from owning or carrying guns. Likewise, illegal immigrants, minors and persons convicted of domestic assault or subject to restraining orders are prohibited from gun possession.
• Forgery
  The skilled Massachusetts Forgery Defense lawyers at the Law Office of Michael J. Brothers can handle all types of counterfeiting and forgery charges, including those involving...
• Kidnapping
  Kidnapping – This is defined as forcibly, secretly, or by threat abducting, imprisoning, or confining another against his or her will and without legal authority.
• Manslaughter
  Whoever commits manslaughter shall, except as hereinafter provided, be punished by imprisonment in the state prison for not more than twenty years or by a fine of not more than one thousand dollars and imprisonment in jail or a house of correction for not more than two and one half years. Whoever commits manslaughter while violating the provisions of sections 102 to 102C, inclusive, of chapter 266 shall be imprisoned in the state prison for life or for any term of years.
• Internet Crimes
  Internet crimes. Charges relating to the creation, possession, distribution and purchase of Internet child pornography are on the rise, as are cases of solicitation of a minor and indecent exposure that occur in Internet chat rooms. If you are under investigation or have been arrested for an online crime, we will represent you.

Property Law

• Property Damage