Practice Areas
Criminal Defense
Being charged with any crime is a serious matter.
We vigorously defend all criminal cases, from misdemeanors to lifetime felonies, whether in the trial court or on appeal.
Our attorneys have extensive trial experience and exceptional writing skills. We actively investigate each case, often sending the trial attorney out with our investigator to conduct interviews and gain first-hand contact with the witnesses at an early date. We aggressively litigate pretrial issues, maximizing our right to discovery and seizing opportunities to suppress evidence or dismiss the case.
We also know the forensic experts necessary to properly analyze the evidence. In the era of CSI, cases can be won or lost on an attorney’s ability to understand the forensic evidence against the client. We are constantly challenging forensic results, assuring that our clients are not convicted based on faulty or non-existent scientific methods.
If you are being investigated, have been charged or arrested, you need to speak with a lawyer immediately. Call us for a consultation.
Civil Litigation
We have successfully represented plaintiffs in a broad range of civil lawsuits: police misconduct, employment discrimination, personal injury, and medical malpractice. We have obtained favorable settlements and million-dollar jury verdicts.
Our approach is aggressive. We use discovery to our advantage and are never intimidated by the other side. We are creative, often utilizing novel approaches and causes of actions to maximize our clients’ opportunities to be fully compensated.
Not only do we represent plaintiffs, but we have successfully defended individuals in civil lawsuits, as well. Our litigation savvy, coupled with our extensive criminal practice, gives us the experience we need to help defend all manner of civil lawsuits.
Defending against prosecution in federal court requires a specialized base of knowledge and particular skillset. The federal government typically prosecutes only the most serious offenses, and does so with what can seem to be a crushing investigation and avalanche of evidence. Their resources are vast, and mounting a defense can often feel daunting. Our familiarity with the federal system allows us to maximize resources, focusing on defense strategies aimed at obtaining results.
Where possible, our advocacy begins before indictment. We have been successful in helping clients avoid prosecution or negotiate lesser charges. We litigate motions to dismiss or to suppress evidence and counsel clients as they evaluate whether it is time to make a deal or time to fight. When a decision is made to fight, we bring superior trial skills to the battle. In cases where the decision is made to plead guilty, we help our clients avoid mandatory and/or lengthy sentences and conduct our own thorough pre-sentence investigations utilizing experts, if necessary, to prepare our own sentencing memorandum. We have considerable success in convincing judges to depart from guideline sentences and show leniency to our clients.
Although facing the federal government without a skillful attorney is daunting, our experience and knowledge levels the playing field.
Federal
Prosecutions
Administrative
Hearings
At Swomley & Associates, we have experience appearing on behalf of clients before numerous administrative agencies. Our approach is diligent preparation and zealous representation. We have represented clients before Professional Licensing Boards, the Massachusetts Commission Against Discrimination (“MCAD”), Division of Administrative Law Appeals (DALA), Registry of Motor Vehicles (“RMV”), the Sex Offender Registry Board (“SORB”), and more.
Administrative appeals require a detailed understanding of the unique evidentiary and procedural rules involved. Litigating and appealing administrative decisions is a nuanced process that we know well.
Sex Offenses
Today, persons accused of sex offenses are often considered guilty by the public—and potential jurors—before any evidence has been taken. Understanding the situations and circumstances that lead to sex offense charges is key in helping develop successful trial strategies. Knowing how to talk to witnesses and jurors about the issues requires particularized skill.
For persons found guilty of a sex offense, experienced advocacy at sentencing is essential. Convincing a judge that someone poses no real risk to reoffend is the single most important factor in assuring a lenient sentence and favorable probation conditions. We have often been retained to represent clients, just at the sentencing phase, because of our expertise in addressing these issues.
Persons convicted of sex offenses face a gauntlet of obstacles: intensive probation supervision, prohibition on travel, GPS monitoring, forced sex offender counseling, polygraph examinations, registration, possible involuntary civil commitment, and more. Lawyers unfamiliar with all of the consequences facing someone convicted of a sex offense are not capable of providing adequate advice and representation. Thankfully, our knowledge of each of these areas helps us help our clients safely navigate their reintegration into society.
We also advocate on behalf of sensible legal and policy issues. For more on our advocacy, click here.
Appeals
If you have been convicted of a crime or have a judgment against you in a civil case, your only avenue of relief is on appeal. But most appeals are unsuccessful. That is why you need an attorney who can maximize your odds of success.
Our attorneys have extensive experience in state and federal appellate courts. We have successfully argued a variety of cases, both criminal and civil. Appeals require immense attention to detail, sharp writing, and forceful oral advocacy. We provide all that to our clients.
To read about some of our notable cases, click here.