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Emergency Line
24 Hours a Day
(978) 995-1122
Lowell Office
Nine Middlesex Street
Lowell, MA. 01852
Tel. (978) 452-7100
Fax (978) 452-3278
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November 2008, Massachusetts
Client accused of receiving stolen property, a custom made Harley Davidson Motorcylce with a value of approximaley $60,000.00. The Massachusetts State Police task force investigating stolen motorcylces alleged that they observed a dismanted motorcycle in the back of client's pickup truck in a mall parking lot. State police claim they stopped client's pickup truck because they observed the vehicle identification number (VIN) partially pealed of the bike frame. Defendant was arrested and charged with receiving stolen property over $250.00, a felony in Massachusetts. Defense counsel files a Motion to Suppress arguing that the stop of the client's motor vehicle was improper and not based upon probable cause and that the State Police could not have seen that the VIN number was partially peeled off without first improperly stoping the client's pickup truck. Motion to Suppress evidence ALLOWED.
November 2008, New Hampshire
Thirty-five year-old man is upset with his neighbor for honking the car horn and waking up his child and without provocation punches the man twice in the head knocking him to the ground. The man is arrested and charged with Assault and Battery and faces jail time. Through the discovery process Attorney Bratton discovers the alleged victim has a two page criminal record for violence. Through negotiations with the prosecutor, Attorney Bratton has the case dismissed.
October 2008, New Hampshire
Forty-six year-old woman crashes and rolls her SUV with 14 year-old child inside who sustains head injuries requiring 20 stitches. Police arrive at scene and detect a heavy odor of alcohol on woman’s breath and she fails several field sobriety tests. She is arrested and transported to the police station where she blows a reading of .16, twice the legal limit. Attorney Bratton with expert chemist successfully excludes the breathalyzer reading from being used as evidence at trial. As a result the state agrees to dismiss the DWI charge and the client reaches a plea bargain on reckless driving avoiding jail time, alcohol education program and three year loss of license. Instead client pays a small fine and loses her license for only sixty days.
September 2008, New Hampshire
Client indicted in the Superior Court of New Hampshire for Operating Under the Influence of Liqour Subsequent Offense and Aggravated Driving While Under the Influence of Alcohol with a Blood Alcohol Count of .25, three times over the legal limit in the State of New Hampshire, resulting in death of a bicyclist. Defense counsel filed a Motion to Dismiss with the Superior Court of New Hampshire aguing that the defendant's Due Process Rights guaranteed by the United States Constitution were violated. CASE DISMISSED
August 2008, Massachusetts
Forty-seven year old man is stopped by Andover Police and charged with three counts of possession with intent to distribute and two counts of possession of class A and D, after being found in the vicinity of marijuana plants. The defendant faced a maximum of 10 years in jail and a $10,000.00 fine. Criminal charges are transferred to the Lowell District Court after the Dracut Police Department executes a search warrant on the defendant’s residence. Attorney Bratton files a Motion to Suppress Evidence, and argues the police did not have sufficient probable cause to search the defendant’s residence. Attorney Bratton wins the Motion to Suppress and the entire case is dismissed.
May 2008, Massachusetts
Thirty-five year old man operating a pick-up truck sideswipes another vehicle in traffic and leaves the scene. He is stopped a few minutes later by the police, has a heavy odor of alcohol is unsteady on his feet with bloodshot eyes and slurred speech. He admits to being under the influence of alcohol and fails several field sobriety tests. He is then charged with 3rd offense drunk driving which carries a minimum of six months in jail, and a five year loss of license. On the date of trial Attorney Bratton challenges the validity of the District Attorney’s prior conviction documents and is able to negotiate a plea to a first offense drunk driving charge with no jail time and fines with first offender program.
May 2008, Massachusetts
Twenty-seven year old construction manager for a Boston company is stopped by the police for a broken headlight. According to the police he failed the field sobriety test and then registered a breathalyzer reading of .11, which is three points over the legal limit of .08. He is charged with 2nd offense OUI/drunk driving which carries 14-day inpatient program, after care, including AA meetings, two year loss of license and over $2,500.00 in fines and court costs. Attorney Bratton retains the services of JoAnn Samson, Ph.D., an expert in breathalyzer analysis and body chemistry. On the trial date using the experts information Attorney Bratton negotiates a dismissal of the drunk-driving 2nd offense charge. Client pleads guilty to negligent operation of his car and receives only a $250.00 fine.
March 2008, Massachusetts
Motorcyclist is wrongfully charged with carrying a dangerous weapon and the case is dismissed in court. Under the new CORI law the man’s arrest appears on his record despite all charges being dismissed, causing him problems with employment. Attorney Buxton petitions the court to seal the entire record and the court assents, making the record a private document so not to cause him any difficulties in the future.
February 2008, Massachusetts
Forty-six year old school custodian charged with indecently assaulting female co-worker in the workplace. Client maintains his innocence throughout the case and Attorney Bratton represents him at three-day jury trial. Bratton attacks credibility of so-called and shoddy police investigation. The jury entered a verdict of Not Guilty.
September 2007, Massachusetts
Client was accused of Failing to Stop for a Police Officer. Officer reported that he activated his lights and pulled the defendant’s motor vehicle over. As the officer was attempting investigate the registration of the motor vehicle and issue a citation for speeding, the client drove off and did not stop for the officer who was in pursuit was his blue lights activated and siren until the client reached her house. The client was issued a summons for Failing to Stop for a Police Officer.
After a hearing, the case dismissed with no fines or penalties imposed by the Court.
August 2007, Massachusetts
Client was charged with Leaving the Scene of Personal Injury. The client was accused of striking a disabled pedestrian who was standing in the client’s assigned parking space. The victim testified she was disabled, had a prosthetic leg, and was standing in the defendant’s parking spot at an apartment complex. The victim reported the defendant told her to get out of his parking spot; however, she was unable to move due to her disability. The victim accused the defendant of backing up his car and striking the victim with the rear of his car causing the victim to fall to the ground causing her to sustain personal injuries. An ambulance transported the victim to the hospital for treatment. The defendant was arrested and charged with Leaving the Scene of Personal Injury, a felony.
After trial, the defendant was found not guilty.
July 2007, Massachusetts
Client was accused of Operating Under the Influence of Liquor, 2nd Offense, in Dracut, Massachusetts. The client was involved in a serious motor vehicle collision when the client’s motor vehicle crossed the road and collided into a tree. The motor vehicle was completely totaled. When the police arrived at the scene of the accident and questioned the client, the police reported that the client stated he was drunk and had a bunch of beers at his sister’s house. The police further reported that the client was unsteady on his feet, had a strong odor of alcohol emanating from his breath and had glassy red eyes and was fumbling through his wallet to retrieve his driver’s license.
At trial, the defendant was found not guilty by a jury of six.
June 2007, Massachusetts
Client was arrested and charged with Operating Under the Influence, 2nd Offense. The defendant was accused ot operating his motor vehicle in a reckless manner upon exiting a business in Tyngsboro, Massachusetts. The police reported that as the defendant was exiting the parking lot of a local business he nearly collided with a police cruiser and drove away at a high rate of speed. The police gave chase and pulled the defendant over. The officers testified that the defendant denied almost striking a police cruiser. The officer also accused the defendant of slurred speech, glassy eyes, strong odor of alcohol and an odor of marijuana emanating from the defendant. The police searched the automobile and found marijuana.
At trial in Lowell District Court, the defendant was found not guilty after a jury of six deliberated for less than 20 minutes.
May 2007, New Hampshire
General contractor accused in New Hampshire of criminal wetlands violations and other environmental violations. One felony charge carried three and half to seven years in the State Prison. Two misdemeanor charges carried up to one year. New Hampshire Attorney General's Office attempted to force contractor to submit to felony plea bargain which contractor rejected and insisted on trial. After a four-day trial, with Attorney Bratton as lead defense counsel, jury acquits contractor on serious felony charge and convicts only on minor misdemeanor charges.
May 2007, Massachusetts
Client charged with leaving the scene of an accident and operating under the influence. Attorney Al-Marayati obtains dismissal of both charges at a Magistrate’s Hearing.
March 2007, New Hampshire
Defendant was arrested for supplying two co-defendants with forged prescriptions for narcotics that were passed at a pharmacy in New Hampshire. Defendant was charged with two counts of Accomplice to Uttering a Forged Prescription in the Superior Court, each count carrying a possible maximum sentence of seven years in the state prison and a $25,000.00 fine. Attorney Bratton negotiated with the County Attorney’s office for the Defendant to serve no time in prison, and to pay a small fine.
February 2007, Massachusetts
Two men traveling in a car on Route 1 in Saugus were stopped by the State Police for crossing the white line. The police issued the driver a warning for Marked Lanes Violation, but then ordered both men out of the car, searched the vehicle, and found a fully loaded 9mm semiautomatic handgun and a second fully loaded 380 semiautomatic handgun. Attorney Bratton filed a motion to suppress the evidence based on illegal search and seizure and after a hearing, the judge agreed with Attorney Bratton and suppressed the guns on illegal search and seizure grounds resulting in the dismissal of the case against both men. Each man was facing a potential minimum eighteen months in the House of Corrections.
January 2007, Massachusetts
Driver stopped for illegal left turn. Officer determines that defendant is operating after suspension for OUI (carrying a mandatory 60 days incarceration) and arrests driver. Case continued for dismissal without a finding for six months. Driver's license restored.
December 2006, Massachusetts
Five members of a motorcycle club were arrested at gunpoint and charged with possession of illegal substances. After a hearing in Lawrence District Court the judge found the police had no probable cause to search the individuals and dismissed the case against all five members.
December 2006, New Hampshire
Motorcycle observed by police officer weaving, speeding, and accelerating away from officer. Driver stopped on suspicion of DWI. Officer notes strong odor of alcohol, slow speech, and bloodshot eyes. Driver admits to having consumed alcohol. Driver refuses field sobriety tests and breath test. Driver is arrested and charged with DWI, third offense. Not Guilty.
October 2006, New Hampshire
Member of motorcycle club denied concealed weapons permit by local police chief, based solely upon membership in club. Denial appealed to district court. District court found that membership in organization was protected by First Amendment to United States Constitution and that police chief’s denial of permit on that basis was improper and violated constitutional rights of club member. Ordered: police chief must issue concealed weapons permit.
Articles & Press
Lowell lawyer: Gun ruling affirmed client’s rights
LOWELL – Call it a case of missed opportunity, but Lowell attorney P. Scott Bratton says he doesn’t mind the prestige lost – or the anxiety spared – when the U.S. Supreme Court decided not to hear his case... Read More
Woman innocent in infant’s death
CAMBRIDGE – Middlesex Superior Court Judge Robert A. Barton today found Danielle R. Caron innocent of manslaughter in the shaking death of 7-month-old Laura Cashin of Dracut... Read More
Lowell man innocent of attempted murder
CAMBRIDGE – A Middlesex Superior Court jury yesterday found Lorum Lam innocent of attempted murder, the most serious charge lodged against the Lowell man in the July 1990 beating of an ice cream vendor in the South Common... Read More
Ida Karp Murder Trial
LOWELL – On the eve of his murder trial, 19-year-old Steven Erickson had to make a choice – knowing the wrong one could cost him his freedom forever... Read More
Lawyer for alleged molester calls computer eavesdropping illegal
A lawyer for an accused child molester charged with using an interactive computer bulletin board to lure young boys into illicit sex contends that the state eavesdropped illegally on his client’s conversations... Read More
COMPUTER ENTRIES - Judge may bar diaries from Rex trial evidence
CAMBRIDGE – The prosecution may be barred from using computer diaries it says were written by a child-rape suspect who allegedly admits carrying on a sexual relationship with a minor... Read More
Lowell man pleads innocent in rape
LOWELL – A 36-year-old father of four pleaded innocent yesterday in Lowell Superior Court to charges he repeatedly raped his neighbor, tied up her family, and robbed them of jewelry... Read More
Teen Won't Face Manslaughter Trial in Teacher's Death
LOWELL – A manslaughter charges against a 14-year-old boy accused in the death of Lowell teacher David “Jake” McHugh is expected to be dropped, after a second medical examiner ruled McHugh could have died from a previously undetected heart condition, the boy’s attorney said... Read More
Student Acquitted of Riot in PSC ‘Spring Fling’ Case
HAVERHILL – A former Plymouth State College student charged with the most serious crimes stemming from a May 1 melee was acquitted on all charges yesterday by a Grafton County jury... Read More
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