Against this backdrop, some studies have suggested that a relationship exists between some facts others have suggested otherwise. For example, at least one researcher article has suggested a relationship between the following facts and sexual reoffense: psychopathy, deviant arousal, cognitive distortions, truancy, a prior (known) sex offense, blaming the victim, and use of threat/force. Righthand, Sue and Welch, Carlann, Juveniles Who Have Sexually Offended: A review of the Professional Literature; Office of U.S. Department of Justice, Office of Justice Programs, Juvenile Justice and Delinquency Prevention, Washington, D.C. March 2001 citing Weinrott, M. (1998) Empirically-based treatment interventions for juvenile sex offenders. Presentation sponsored by the Child Abuse Action Network and the State Forensic Service, Augusta, ME, August 1998.
Attorney Erickson has prosecuted and defended in the range of fifty civil and criminal appeals. Examples of successful appeals include the following...
DUI/DWI
The defendant was tried for her fourth lifetime OUI. The Commonwealth proved and the defendant admitted that she stopped in front of a police drunk driving "road block," fled on foot from the police, made numerous profane statements, and stated that she could not be arrested for drunk driving. A defense was raised. The jury returned with questions requesting a further definition of operating under the influence and reasonable doubt. These points had been argued in the closing. The jury acquitted the defendant.
Traffic Violations
Evidence of negligence. There are an unlimited number of possibilities of negligent situations. The most basic would be when someone speeds. Speeding in itself would be what is referred to as some evidence of negligence. There is of course a difference between going 10 miles over the speed limit in the daytime on an empty interstate and going 10 miles over the speed limit in bad weather without stopping past people in a crosswalk. In the first situation although the speed is some evidence of negligence it is likely not enough to prove negligent operation. In the second situation the speed is some evidence of negligence and combined with the other factors arguably is enough to prove negligence and have endangered the lives and safety of the public.
Sex Crimes
One of the most serious aspects of a conviction for a sex crime is a requirement to register as a sex offender. Ideally this consequence should be considered prior to the disposition of the charge for which the individual has to register. Unfortunately, many lawyers do not understand or grasp the seriousness of having to register as a sex offender, Attorney Erickson does.
Robbery
Misdemeanors
Any person operating a motor vehicle including a car, motorcycle, truck, or other vehicle must operate the vehicle with a duty of care that the person owes the public at large. There are two motor vehicle crimes related to a breach of this duty. One Is the misdemeanor crime of negligent operation of a motor vehicle and the other is reckless operation of a motor vehicle.
Drug Crimes
Assault
Client B Represented by other counsel Client B convicted of indecent assault and battery on a nine year old was determined to be a level two offender. Attorney Erickson’s successfully appealed this classification and had the case remanded to the Sex Offender Registry Board where Attorney Erickson obtained the client a level one designation.
Murder
The defendant who had plead guilty to the manslaughter of his brother was charged (by his wife) with assault, threats to commit murder, and a subsequent violation of a restraining order. The defense in the matter consisted in the use of witnesses who would testify to as to motive to lie and fabricate, the creditability of the complaining witness, and other issues. Following trial, the defendant was acquitted.
Homicide
Motor vehicle homicide is one of the most serious crimes which the average person can be charged with committing in Massachusetts. In addition to being an extremely serious criminal offense the charge carries an extended loss of license on conviction that will cause serious hardship on any individual convicted. There are generally two types of motor vehicle homicide each is discussed below.
Restraining Order
The defense raised a lack of criminal responsibility defense on the grounds that a preexisting mental disease was exacerbated by the recent activities of the defendant's wife. The jury returned NGI verdicts on restraining order violations, a not guilty verdict on the negligent operation during flight, and a guilty verdict on the assault and battery on the police officer charge. Given the mitigating evidence raised, the defendant was not sentenced to jail. An appeal was filed since the judge refused to charge on excessive force. Testimony was elicited on cross-examination that the defendant was cooperative, the police officer "shoved" the defendant down some stairs prior any assault, and that the police officer was the first to make contact.
Attorney Erickson can review the facts and circumstances of you case and the law in the area to develop a method of prosecuting or defending your case. After review Attorney Erickson can determine the best course for handling the matter which could include immediately attempting to resolve or settle the matter, serving discovery which would include written questions or interrogatories and requests for documents, taking depositions where a party or witnesses is put under oath and the testimony is recorded, or preparing for trial.
A slip and fall is a type for a claim where the injured person falls down and is injured do to the negligence of another party. These claims are common, however, they also are among the hardest personal-injury claims to prosecute. This is because they're defended on the mistaken belief that people fall down accidentally, because of the injured parties inattention, or for no reason at all. The opposite is actually true --- falls occur for a specific reason. Therefore, the attorney must determine the exact cause if the case is to be successful, liabilities is to be shown, and compensation recovered.
Auto Accidents
Dog Bites
Dog bites are particularly traumatic because during the bite the dog is out of control. Often the dog can leave a scar on the leg or other part of the body when it bites. It is particularly serious where the dog bites and scars the face of an individual.