Specialized Programs
Specialized Programs
Some cases are especially complex and require in-depth expertise and resources.
The Committee for Public Counsel Services proudly provides legal counsel through the following program
GPS Monitoring Program
What We DoÂ
Two decisions from the state’s highest court, the Massachusetts Supreme Judicial Court, have ruled that GPS monitoring cannot be imposed without a proper hearing in front of a judge.
You have a right to a lawyer to determine whether an adequate hearing was held in your case and to challenge the continuation of your GPS monitoring. If you cannot afford an attorney, one will be assigned to represent you. If the challenge is successful, a judge will vacate that condition of probation and the device must be removed.
REach out
If you’re currently wearing a GPS device as a condition of your probation in Massachusetts, our program may be able to assist you in removing the device.
Fill out the below form or call our confidential message line at (617) 910-5850. Please note that while the message line is not staffed, voicemails are checked daily.Â
When leaving a voicemail, please share the following in your message:Â
- Your name (please spell first and last name)
- Your phone number, email address, and mailing address
- The court where your case was resolved
- The case number (if you have it)
- The name of the attorney who represented you previously
Drug Lab Litigation Unit
What We DoÂ
While the unit no longer exists, we remain committed to assisting individuals with Annie Dookkhan and Sonja Farak cases.
REach out
To file an inquiry related to the original scope of the Massachusetts Drug Lab scandals, call 1-888-999-2881 or fill out the inquiry form.
Innocence Program
What We DoÂ
We identify and fight to overturn wrongful convictions across the state. Our attorneys represent indigent state defendants who have been convicted and punished for crimes they did not commit. We are part of CPCS’ Private Counsel Division.
As a member of the Innocence Network, we accept both DNA and non-DNA based innocence claims, with special attention to cases involving eyewitness identification, flawed or invalidated forensic science, and false confessions.
Breathalyzer Cases
POTENTIAL RELIEF IN MASSACHUSETTS BREATHALYZER CASES
If you wer convicted iin Massachusetts for operating under the influence of alcohol (OUI) in a case where there was a breath test done on a breathalyzer machine that was certified between June 2011 and April 17, 2019, you may be able to get a new trial or vacate (undo) your plea.
Challenging Your Conviction:
You have the right to challenge your OUI conviction if your breath test was done on a Draeger 9510 breathalyzer machine that was calibrated and certified between June of 2011 and April 17, 2019.
In deciding whether it makes sense to challenge the conviction, it will be important to consider if there was other evidence of driving under the influence of alcohol that the government could use against you even if there were no breath test results (accident, driving violations, open containers, failing field sobriety test, etc.)
If you succeed in undoing your conviction and recieve a new trial:
As a result of a series of court decisions and agreements, breath test results from the Draeger 9510 breathalyzer machines that were produced by a device calibrated and certified between June 2011 and April 17, 2019 are deemed presumptively excluded from a re-trial. For most OUI cases, the District Attorney’s Offices have agreed not to attempt to use as evidence the breath test results from this period.
However, in cases alleging motor vehicle homicide by operation under the influence, in violation of G.L. c. 90, §24G; operating under the influence causing serious bodily injury in violation of G.L. c. 90, §24L and operating under the influence of liquor as a 5th or greater offense, in violation of G.L. c. 90, §24(1)(a)(1) a prosecutor may seek to establish the reliability of the Draeger 9510 breath tests from the June 2011 to April 17, 2019 time frame and move to admit those results at trial.
Legal Advice:
You may want to consult with a lawyer to determine whether it makes sense for you to try to get a new trial or undo your plea.
If you hired a lawyer privately to represent you in your OUI case, please contact that lawyer.
If you cannot afford a lawyer and qualify for appointed counsel, a lawyer will be assigned to represent you at no charge.
If you were appointed a lawyer by the Court in your OUI case, please complete and submit the form below or leave the same information on our confidential recorded intake line at 617-910-5856. Please note you may only leave a message; you will NOT be able to speak with anyone. Please be prepared to provide the following information.
- Defendant Name (and contact person’s name if different)
- Defendant Date of Birth
- Defendant/Caller’s Phone Number
- Defendant/Caller’s Mailing Address
- Defendant/Caller’s Email Address
- Courthouse (where the case occurred)
If you currently qualify for appointed counsel, then a lawyer will be assigned to contact and consult with you.
Due to the large number of anticipated inquiries, a lawyer may not contact you for a number of days or weeks. We appreciate your patience.
If your income is currently too high to qualify for an appointed lawyer, you may wish to hire a lawyer.
You may be able to find a lawyer by contacting the Massachusetts Bar Association, the Boston Bar Association, or other bar association lawyer referral services.
Important Notice from the District Court Regarding the Hearings for Motions to Vacate Convictions Due to the Use of the Alcotest 9510 Breathalyzer Machine Between June 2011 and April 18, 2019.
At present, the District Court is operating under District Court Standing Order 12-20, which, due to the safety risks posed by COVID-19, limits the matters that Courts must hear. Motions for new trials or to vacate pleas or admissions are not among the limited matters that courts must hear at present. Thus, while Standing Order 12-20 remains in effect, Courts will accept such motions for filing but are not required to schedule the matter for a hearing until court operations return to their normal course and Courts have the ability and resources to conduct such hearings.
It has come to our attention that some notices were sent to incorrect addresses and, unfortunately, to defendants who are now deceased. Please accept our apology for these errors. The Commonwealth tried in earnest to create a comprehensive and accurate list of all those people who had cases affected by the breathalyzer. We appreciate knowing about incorrect addresses so we can attempt to notify all defendants. Please do let us know if you received the letter in error by leaving a message on our message intake line at (617) 910-5856.