Criminal Defense

“Throughout the ages, man’s inhumanity to man has been manifested in false charges brought against the innocent.”

Lloyd Paul Striker, The Art of Advocacy

OLOTU LAW focuses on protecting their clients’ rights and fighting hard for their clients who have been accused of criminal activity.  If you have been arrested or summoned to court for an arraignment, start preparing to fight back by contact olotu law offices at 781-353-3113. We will make sure that that you receive  the full advocacy that you deserve in the court of law.

Arrest

Arrest is an actual or constructive seizure or detention of a person, usually by police officers, with the intent to effect an arrest. Once arrested, a citizen has a number of rights afforded to him, such as the right to be advised of his rights, the right to make a telephone call, and the right to a lawyer. Determining the actual moment of arrest can, therefore, be critical in defending the accused. A person is not necessarily under arrest because he voluntarily accompanies the police to the police station or submits to police interrogation.

The police officers or detectives interrogating a suspect will often postpone an arrest in an effort to thwart the individual’s exercise of his rights. Arrest is the most common form of bringing persons accused of crimes to court. Under Massachusetts law, the police are empowered to make warrantless arrests for misdemeanors occurring in their presence, certain misdemeanors occurring outside their presence, and felonies.

Arraignment

With few exceptions, arraignments are formal in-court proceedings. At arraignment, the clerk will read the charges pending against the accused. While the practice can vary from court to court, most clerks automatically enter a plea of not guilty to the charges on behalf of the accused. The prosecutor can ask the court to set bail (see below) or to hold the defendant without bail. Additionally, a prosecutor can file a motion asking the court to hold a person as a “dangerous person.”

Bail and Recognizance

“Bail” refers to the means for procuring the release of one formally charged with an offense. More simply put, the court, usually at the prosecutor’s request, sets bail at a certain monetary figure to ensure that the accused returns to court to answer to the criminal charges. The accused, who enjoys the presumption of innocence, cannot be released until he – or someone on his behalf – posts his bail with the clerk. Those incapable of raising their bail can petition the Superior Court for review of the bail. At such a hearing, the Superior Court judge can eliminate the bail, lower the bail, or raise the bail. Those individuals who cannot make bail are confined to the county jail until their case is resolved. Some unfortunates, because of jail overcrowding, will be transferred to the House of Correction.

A court can revoke a person’s bail if he commits another criminal offense while released on bail, violates a provision of his release (such as a stay away order) or fails to appear at court on his next scheduled court date. The bail, if not forfeited, will be returned to the defendant or the person who posted the bail at the conclusion of the case.

Pre-Trial Conferences

Following arraignment, the case is normally scheduled within a month or two for a pre-trial conference. At the pre-trial conference, defense lawyers and prosecutors may enter into discovery agreements, complete a pre-trial conference report, begin and/or finalize plea negotiations, and exchange discovery. The Defense lawyer may file and argue non-evidentiary motions, such as discovery motions. At the conclusion of the pre-trial conference, the defense lawyer and prosecutor may set the case down for a “status” date, set a date for an evidentiary hearing on a motion, or for trial. Normally, neither alleged victims, witnesses nor police officers are usually present at a pre-trial conference.

Evidentiary Hearings

At an evidentiary hearing, usually on a motion to suppress filed by a defense lawyer, a prosecutor conducts direct examination of witnesses – usually police officers or detectives – whose testimony he anticipates will demonstrate to the court that the motion should be denied. The defense lawyer is given an opportunity to cross-examine the witness. While the goal of the defense lawyer filing such a motion is win the motion, the hearing provides the defense lawyer with, more than likely, the only pre-trial opportunity he will have to cross-examine these witnesses. If the defense lawyer skillfully exploits this potential gold mine of evidence favorable to the defendant, the transcripts of the hearing will prove in invaluable cross-examination tool at trial.

Juvenile Law

Successfully Defending Juveniles

Being prosecuted in juvenile court is frightening for any juvenile.  The formality of the proceedings alone can be incomprehensible to those accused of delinquency. In most cases, juveniles at least grasp that the conduct for which they stand accused was unacceptable, or even illegal – such as possession of alcohol or even assault & battery.  But, unfortunately, there is an alarming trend among law enforcement to charge juveniles for conduct that, until recently, was correctly dismissed as the result of simple immaturity, better dealt with by parents than probation officers.

To properly represent a juvenile charged with a crime, a criminal defense lawyer must develop a rapport with not just the client, but his parents.  To schedule a  meeting with Olotu Law  regarding your child,  do not hesitate to contact us at 781-353-3113.

The Juvenile Justice System

The criminal justice system has long purported to recognize the difference between the “delinquency” of children and the “criminality” of adult offenders. The United States Supreme Court has chimed in, noting that “the State has a ‘parens patriae interest in preserving and promoting the welfare of the child’ [making] a juvenile proceeding fundamentally different from an adult criminal trial.” Schall vs. Martin, 467 U.S. 253, 263 (1984).

In Massachusetts, G.L. c. 119, §53, states unequivocally that the delinquency code (G.L. c. 119, §52 thru §63) “shall be liberally construed so that the care, custody, and discipline of the children brought before the court shall be approximate as nearly as possible that which they should receive from their parents, and that, as far as practicable, they shall be treated, not as criminals, but as children in need of aid, encouragement and guidance.”

Reality: A Criminal Proceeding

Although the juvenile court may have been created to foster the positive development of wayward youths in need of care, reassurance and guidance, in every important aspect, the juvenile court is, today, a criminal, rather than a rehabilitative, court. The benevolent intentions, if any, of those who created the court have been supplanted by institutional underpinnings and goals of the adult criminal court; that is, to hold accountable and to punish. Andrew Walkover, The Infancy Defense in the New Juvenile Court, 31U.C.L.A. LAW REVIEW 502 (1984). Even the Massachusetts Supreme Judicial Court admitted as much in Commonwealth vs. Rodriquez, 376 Mass. 632 (1978), noting that despite legislation declaring juvenile delinquency proceedings non-criminal, “the delinquency process has assumed a kind of criminal character. . . .” A juvenile accused of a crime, therefore, needs a criminal defense attorney to safeguard his rights, especially if his liberty is in jeopardy.

As in adult criminal court, the accused in juvenile court is:

• prosecuted by the county’s District Attorney’s Office;
• arraigned before a judge;
• subject to pre-trial detention;
• subject to being detained on bail;
• subject to pre-trial release conditions;
• subject to pre-trial detention for violation of release conditions;
• tried before a judge or a jury;
• subject, if found guilty/delinquent, to a lengthy term of incarceration

OLOTU & OLOTU, P.C. (OLOTU LAW) attorneys work in partnership with  individuals and businesses to determine the best possible solutions for a client’s personal and business immigration needs. As immigration laws change rapidly, OLOTU LAW maintains a strong commitment to remaining on the forefront of all new legal developments. Attorneys often reach solutions though creative thinking and consistently striving to protect clients’ legal rights. OLOTU LAW has an intense commitment to public interest service, reflecting the firm’s strong sense of its place serving all immigrant communities.

Immigration Law: An Overview

There are five (5) Major Immigration Status/ Visa Categories

1. Non-Immigrant Visas – temporary visitors (work, student, visitor, etc.)
2. Immigrant Visas – lawful permanent residents (green card holders)
3. Asylees and other special groups – Asylum, refugee, and TPS status holders
4. Citizens
5. Undocumented – illegal immigrants

1. Non-Immigrant Visas

There are several types of non-immigrant  visas.  Non-immigrant visas are usually designated by letters. Below are the most common ones:

• B-1/B-2 Visas – Available to Short term visitors for pleasure or business
• H-1B Visas – Available to people in “specialty occupations”
• F-1 Visas – Available to Students
• J-1 Visas – Exchange Visitors
• Visas – People with extraordinary ability in  the sciences, arts, crafts, education,
• business, athletics or any field of “creative endeavor”
• L Visas – Intra-company Transfers
• E Visas – E-2 Treaty Investors and E-1 Treaty Traders
• R Visas – Religious Workers
• TN Visas – NAFTA Visas for Canadians and Mexicans
• E-3 Visas for Australians

2. Immigrant Visas (“Green Card”)

There are four (4) basic categories of immigrant visas:

• Family sponsored immigrants
• Employment based immigrants
• Diversity immigrants
• Refugees and Asylees
• DV Visas – Green Card Lottery
• Employment-Based Green Cards
• EB-1-1 – Persons of Extraordinary ability in  the sciences, arts, education, business or
• Athletics
• EB-1-2 – Outstanding Professors and Researchers
• EB-1-3 – Multinational Executives and Managers
• EB-2 – Members of the Professions Holding Advance Degrees or People With
• Exceptional Ability
• EB-3 – Skilled Workers, Professionals and Other Workers
• EB-4 – Special Immigrants – Religious Worker
• EB-5 – Investor Employment Creation Visa

Immigration Law Highlights

The Dream Act

Disclaimer: External links are provided on this site as helpful websites for the benefit of the viewers. Olotu Law Firm is not responsible for the contents of these sites,. Olotu Law Law Firm and its Lawyers are not responsible for reliance by the reader on the information at this site as each individual situation may be unique and different. The readers are advised to seek legal counsel from a qualified immigration attorney. The information stated here is subject to change.

Personal Injury

Choosing a personal injury lawyer who actively investigates and preserves your claim and rights is essential in obtaining the compensation for which you’re entitled. So, how do you choose the right one? Here are five tips that can help:

1. Experience.

Never underestimate the value of an attorney’s experience when it comes to assessing and investigating a claim. Hire an attorney who knows what to look for, where to look for it – and understands what it means to your case – can make all the difference.

2. Focus.

The focus of an attorney’s practice can make a huge difference in the outcome of your case. A personal injury lawyer has unique skills when it comes to determining issues of liability such as negligence and causation – and is probably better equipped when it comes to accurately valuing the compensation for which you are entitled.

Approximately 95% of personal injury lawsuits settle before trial, so knowing how to negotiate a fair and reasonable settlement is important as many factors are involved. This is definitely not the time to use your Uncle Paul the real estate lawyer – no matter how nice he might be.

3. Reputation.

An attorney’s reputation can go a long way when it comes to resolving your case quickly and fairly due to their previous dealings with insurance companies and other lawyers in the area and in the court system(s) in which  they practice.

An attorney’s reputation provides that added value as it will precede him or her – not only from a plaintiff’s perspective, but from the defendant’s perspective and the court’s perspective for handling cases and doing things the right way. It puts a client in the best situation to recover as much as they deserve as a result of what happened to them.

4. Objectivity.

Objectivity cannot be understated when it comes to being compensated for your injuries. Make sure your attorney is objective and isn’t looking to settle your case too quickly in order to move on to the next client.

5. Personality.

Often the most overlooked factor in hiring an attorney is personality. While you may not be discussing your case together over dinner every night, when you’ve been injured the last thing you need is an attorney who is not going to be there for you to ask questions, give you a status on your case or return your calls in a reasonable time.

At OLOTU & OLOTU, P.C., our attorneys have expertise derived from  experience to deal with the complexities of plaintiff’s personal injury law and resulting civil litigation.

Our attorneys are committed to aggressively pursuing legal remedies for your personal injury accident. While insurance companies do their best to downplay the extent of your injuries and reduce claims they pay you, our lawyers work just as hard to maximize your settlement. Although many plaintiff’s personal injury claims are settled without litigation, if your case cannot be resolved out of court, we are always prepared to go to trial to obtain the compensation you deserve.

When someone else’s negligence causes you serious injury or results in the death of a loved one, please call our office at 781-353-3113 to learn how we can help. There is no charge to have an attorney evaluate your personal injury case.

We also can give you expert advice and represent to to the fullest exten of the law if you have needs in any of the following areas:

• Real Estate
• Child Custody/Family Law
• Landlord/Tenant
• Wills
• Mental Health Litigation
• Guardianship