Lawyer Monthly Magazine - June 2019 Edition

Commonwealth does not need forensic or physical evidence to proceed against someone in a case like a rape case. In fact, many times the Commonwealth doesn’t have such evidence and will proceed on just the word of the alleged victim. Lastly, the sex offender registry is a big consideration in any sex-related crime. It’s an issue that must be considered by any client con-sidering their options prior to trial, and, in many cases, it is a non-starter for any plea negotia-tion. In your state, how common is it for people to be falsely accused of crimes? It happens more often than people would think or expect. In my career, I estimate that 30- 40% of the cases I’ve handled were either false accusations or cases that were over-charged (for in-stance, where a person is charged with possession with intent to distribute on a clear personal use or possession charge). In your opinion, what should be done to reduce this? The American Bar Association rules on professional responsibility with respect to prosecutors state that: “A prosecutor has the responsibility of a minister of justice and not simply that of an advocate.”, (see Commentary to rule 3.8). Too many prosecutors believe that they are an advo-cate for the State, seeking a conviction at all costs. Prosecutors who are wedded to a police investigation, rather than independently reviewing the facts to make a determination of where the evidence leads, are doing a disservice to justice. Similarly, overcharging a defendant simply to gain an advantage in plea bargaining, which happens all too often in this system, is also a dis-service to justice. With an array of experience, can you share which area of criminal law is most challenging, and why? I would say murder cases are the toughest. The stakes are the highest; the defendant is facing a life sentence. The quality of the investigation and prosecution from beginning to end is usually better than any other type of criminal case. Trials are lengthy and involve all types of witnesses. In addition, there are usually multiple types of forensic evidence and challenging evidentiary issues that arise in these cases, such as DNA evidence, cause of death, identification, ballistics, self-defense. The attorney has to be both well-versed in the science behind these types of evi-dence, and able to work with necessary experts in these areas, but also knowledgeable about the state of the law on these issues. LM Contact Brian Kelley 161 Granite Avenue Boston, MA. 02124 617-720-0019 brian@bakelleylaw.com Brian Kelley Whether you are accused of a misdemeanor, felony or even an administrative offense, having a quality and experienced counsel is necessary to give you peace of mind that you will achieve the best result possible. In the more than 10 years that I have been handling criminal cases throughout the courts of Massachusetts, I have zealously guarded my clients’ rights and have fought tirelessly for the best result possible. I will do the same for you. 81 SUPER LAWYERS JUN 2019 www. lawyer-monthly .com