Specializing in Criminal Law
Protecting the Rights of the Accused
Attorney Michael T. Dwyer defends and represents clients in a full range of felony and misdemeanor crimes, Attorney Dwyer can offer proven trial representation to clients charged with, or under investigation for, the following criminal offenses including:
DUI / Drunk Driving
I have been successfully handling drunk driving (DUI/OUI/DWI) cases for eighteen years. There are three elements of a DUI or OUI charge that must be proven beyond a reasonable doubt: (1) operation of a motor vehicle; (2) intoxication; and (3) public way. An experienced criminal defense attorney may file a motion to dismiss, or a motion to suppress evidence, to ensure that the DUI case never gets to a trial. If you must take the case to trial in order to evade punishment, however, I have successfully tried hundreds of DUI or OUI cases. Attorney Dwyer provides top-quality representation for his clients.
Domestic Violence
If you have been arrested for domestic violence but have reconciled with the alleged victim, you may still face a criminal prosecution. Unless you are married to the alleged victim, the prosecutor may force him or her to testify against you. In many domestic violence cases, there are parallel divorce proceedings where emotions are highly charged, custody of children is at issue, and restraining orders are being sought. If you have been charged with family violence or spousal abuse during a divorce case, you need an experienced lawyer who has successfully resolved hundreds of these cases. If there is no divorce pending, you will need an attorney who is an effective cross-examiner and a persuasive oral advocate. Having handled hundreds of these cases, Attorney Dwyer stands ready to protect your rights and fight for your acquittal at trial.
Violent Crimes
Conviction for a violent crime can involve a prison sentence, fines, and a permanent criminal record. Attorney Yannetti possesses the investigative resources needed to challenge the integrity of the evidence collected and the thoroughness of an investigation. Attorney Dwyer will prepare the most solid defense possible for every client.
Restraining Order Violations
Attorney Dwyer represents people who have had a restraining order taken out against them. Attorney Dwyer can also defend clients against alleged violations of a restraining order, with astute legal strategies.
Drug Charges
There are many degrees of seriousness for drug charges. Possession of a small amount of marijuana can sometimes be resolved without a client sentenced to serve a term of imprisonment. However, possession of heroin, cocaine, methamphetamines, or perception of prescription drug fraud are more serious crimes and are prosecuted more aggressively. Drug distribution can result in prison time with mandatory minimum sentences. Mandatory minimum sentences mean that the judge has no discretion in sentencing. In drug trafficking cases, the accused could be facing mandatory minimum sentences of several years. Attorney Dwyer provides top-notch trial representation for clients who have been charged with a drug crime in Massachusetts.
Felonies
If you are under investigation for a felony, it is critical that you receive a lawyer's advice as soon as possible. If consulted at an early juncture, an experienced and skillful felony defense lawyer may be able to unearth exculpatory witnesses or evidence. A thorough defense investigation may persuade prosecutors not to charge you - or to charge you with a less serious offense. Proper early investigation might also prove to be critical if the case ultimately proceeds to trial.
Misdemeanors
While a misdemeanor conviction typically subjects a person to less jail time than felony convictions, it can still have a devastating effect on your future. A misdemeanor conviction gives you a criminal record, which can affect your reputation in the community, since any district court case is a public record and might be printed in your hometown newspaper or on the Internet. Attorney Dwyer has helped hundreds of clients facing misdemeanor charges avoid a criminal record.
Juvenile Offenses
Attorney Dwyer's main concern for juvenile offenders is their future. Juvenile clients are just starting out in life, with bright futures ahead of them and the last thing they need is to be convicted of a crime. Attorney Dwyer regularly represents young men and women in juvenile court to make sure that does not happen. Attorney Dwyer also represents so-called "Youthful Offenders" - juveniles who have been indicted for more serious crimes. Whatever the charge, it is imperative to hire an attorney who is experienced in handling juvenile criminal cases.
Motor Vehicle Offenses
Many vehicular crimes can carry jail or house of correction sentences while also resulting in a suspension of your Massachusetts driver's license. Attorney Dwyer has successfully handled countless motor vehicle matters and has appeared on behalf of clients both in court and at the Registry of Motor Vehicles. On occasion, an attorney can prevent charges from issuing in the first place by successfully representing a client at a "show cause" or "clerk magistrate's hearing." Any individual facing motor vehicle offenses should hire an attorney at the earliest juncture possible.
Weapons Charges
Massachusetts is a state with stringent gun and weapons laws. For example, the charge of unlawful possession of a firearm in Massachusetts carries a mandatory minimum eighteen-month prison sentence, with harsher penalties for repeat offenders. Additionally, the Massachusetts weapons statute is quite broad giving rise to significant interpretation. An experienced criminal defense attorney will know how to attack the Commonwealth's case at trial and will prepare the most vigorous defense.
Theft Crimes
There are many different types of theft crimes, e.g., larceny, armed robbery, conversion, embezzlement, receiving stolen property and shoplifting. Any theft conviction can have a negative impact on your future, especially if handled incorrectly by an inexperienced lawyer. Attorney Dwyer has handled hundreds of theft cases and has successfully helped many clients avoid a criminal record.
Armed Robbery
There are many possible defenses to an armed robbery charge. For example, many armed robbery cases are identification cases. The main evidence comes from an alleged victim or a witness viewing a photo array or a lineup and identifying the accused. In eyewitness identification cases, there are certain procedural safeguards that have been put in place both by the U.S. Supreme Court and the Supreme Judicial Court of Massachusetts to make sure the identification is not unnecessarily suggestive and that the defendant receives due process to protect his or her rights. To effectively defend a client against an armed robbery charge, a criminal defense attorney must be well versed in the law of joint venture. An attorney must, in short, be both experienced and up-to-date. Attorney Dwyer has eighteen years of experience preparing the best legal representation obtainable anywhere, right here in Boston.
Murder / Homicide
Attorney Dwyer is well versed in how the police put a murder case together. As a former prosecutor, he has been called to murder scenes in the middle of the night and has personally witnessed how the police preserve evidence, how murder investigations unfold, and what techniques the police use. That experience has been invaluable as Attorney Dwyer now represents clients on trial for their lives. Very few attorneys have tried eleven murder cases, as Attorney Dwyer has, and very few have succeeded in the face of overwhelming pressure. Attorney Dwyer is, in short, battle-tested and ready to provide unparalled representation to those charged with the most serious crime of all.
Sex Offenses
Merely being accused of a sex crime is devastating. In addition to a potentially long prison sentence, you face the prospect of lifetime registration with the Massachusetts Sex Offender Registry. Your picture could be placed on a police sex offender website, so everyone in your neighborhood would know that you are a sex offender. A sex-crime conviction is the modern-day equivalent of the Scarlet Letter. Attorney Dwyer has successfully handled charges of rape, assault with intent to rape, indecent assault and battery, and other sex crimes. Attorney Dwyer has helped many clients to avoid the horrific consequences of a sex-crime conviction.
White-Collar and Federal Crimes Defense
White-collar crimes are often known as "paper" cases because state and federal prosecutors often use overwhelming documentation to back up their charges. A criminal defense attorney must file crucial discovery motions to put his client in the best possible position to defeat white-collar charges such as fraud or embezzlement. In Federal cases, recent case law has changed the sentencing guidelines from mandatory to advisory and an experienced defense attorney working on your behalf now has more power to successfully resolve a case by appealing directly to a judge.
Probation Violations
Individuals who have violated the terms of probation could be faced with going back to prison. It is crucial to retain counsel to obtain the best result possible. Attorney Dwyer has successfully represented his clients in court during both initial and final probation surrender hearings. Attorney Dwyer's office has been very effective in helping clients find an alternative to returning to jail by working with the court to explore other, less severe sentencing options.
Clerk's Hearings
A Clerk Magistrate's Hearing is a terrific opportunity for a client to end a criminal case before it begins. The stakes in a clerk's hearing are high: Either a complaint will issue against you (and therefore, sully your criminal record), or it will not (and your record will, therefore, remain clean). Too many clients have waited to retain counsel until after they attend the clerk's hearings without counsel -- and those hearings go badly. If you have been summonsed for a clerk's hearing, you should not make the same mistake. You should hire an experienced and competent attorney who has handled dozens of clerk's hearings.
Motions to Seal
If you have been convicted for a misdemeanor or felony, it may be possible to seal your criminal records. Depending on the circumstances of your case, Attorney Dwyer can advise you regarding the feasibility and desirability of having your criminal record sealed.
Criminal Appeals
Attorney Dwyer has successfully handled appeals and other post-conviction matters in Massachusetts, including motions for new trial, motions to revise and revoke sentences, and motions to expunge criminal records. If you have been convicted, as an experienced lawyer, Attorney Dwyer can use many different methods to attempt to reverse your conviction. When hiring an attorney to appeal your conviction, you should make sure that the attorney has had extensive appellate experience. Ask if the attorney has argued orally before the Supreme Judicial Court - and ask him or her whether you can view a video of the oral argument in which he or she participated. Feel free to call Attorney Dwyer to discuss your rights and options for appeal.