Lawyer Monthly Magazine - June 2019 Edition

Criminal Law How Common Is False Accusation in Criminal Law? In 2004, Brian Kelley began with the public defender’s office defending some of the most vul-nerable people in low-income communities and learning how to zealously guard each of their rights. In that position, he handled all manner of serious offenses, and was privileged to represent a defendant on a First Degree Murder in 2010 in Brockton. He was able to gain a favorable verdict for that defendant of involuntary manslaughter. In 2012, he left the public defenders office to start his own practice. Since that time, he has handled first-degreemurder cases in Brockton, Suffolk and Middlesex Counties. Brian says: “Every client and every case brings a new challenge in which I strive to continue to bring that zealous representation that I learned as a public defender.” Below, he speaks about sensitive cases that revolve around rape and murder, and how he deals with them. Being accused of a crime you did not commit can be a terrifying ordeal; what do you advise clients to do once they have hired you (or an attorney)? First of all, clients have to understand that these cases can be a long process. Getting the right result may take time, particularly in cases with more serious allegations. I also always advise the client not to speak to anyone outside the firm about the allegations, as obvious as that advice might sound. Finally, while no lawyer worth their salt will promise a result, I can assure them I will do everything possible to exonerate them. When you are defending a client in a sensitive case, such as rape, what three things must you remember to consider? First, allegations such as these can be jarring for the client and their families to hear, so it’s good to prepare them for hearing such details in court prior to their first date in court. Second, the I would say murder cases are the toughest. The stakes are the highest. The quality of the investigation and prosecution from beginning to end is usually better than any other type of criminal case. Brian Kelley, Attorney At Law 80 SUPER LAWYERS JUN 2019 www. lawyer-monthly .com