O'Donald Law Office of is located in Holyoke, Massachusetts. We primarily operate in the General Practice Law. Our organization has been operating for approximately 19 years.We believe in representing every client to our fullest ability. Your case is not treated differently based on how much is spent. Each case taken by our firm will be fought with due diligence.
A defense that may be applicable to this type of charge is that the accuser called the police in a fraudulent attempt to gain an advantage in a child custody matter or another family law dispute. In other circumstances, a defendant may be able to argue that the accuser actually had consented to the conduct on which the charges were based. Sometimes the alleged assault also may be a response to the accuser’s use of force, in which case a theory of self-defense may be appropriate. Knowledgeable guidance from a legal professional can help you understand which arguments may be most relevant to your specific situation.
Guardianship
She also focuses on guardianships and conservatorships, representing families to ensure proper decisions are made for their loved ones and fiduciaries are appointed when necessary.
Being charged with a crime in the state of Massachusetts is a deeply unsettling experience. You are most likely feeling scared, anxious, and unsure of what you should do next. You need the best criminal defense attorney.
DUI/DWI
While you may have heard people refer to a “drunk driving” charge as DUI, DWI, or OUI, they all refer to the same criminal offense. In Massachusetts, the official charge is Operating Under the Influence, or OUI. This charge applies to operating under the influence of alcohol and/or illegal drugs.
Sex Crimes
The consequences for defendants who are convicted of a sex offense in Massachusetts can be significant. In addition to a jail sentence and other criminal penalties, they may face the requirement of registering as a sex offender. This classification can adversely affect a person’s ability to find education, employment, or housing opportunities well into the future.
Theft
Misdemeanors
Larceny is defined generally as the taking of the property of another without their consent and with the intent to permanently deprive them of it. In Massachusetts, there are several types of theft crimes that fall under the definition of larceny. Typically, if the value of the property is under $250, it is charged as as a misdemeanor offense, which can carry a maximum penalty of one year in prison and a $300 fine. Theft of property valued over $250 is a felony charge, punishable by a five-year maximum prison sentence and up to a $25,000 fine, although crimes involving motor vehicles or certain types of victims or perpetrators may result in more severe penalties. Defenses to these crimes may include lack of intent to steal or consent by the property owner, among others.
Drug Crimes
It is illegal to unlawfully possess, distribute, or manufacture controlled substances in Massachusetts, including marijuana, heroin, cocaine, and other street drugs, as well as any unauthorized prescription drugs. Depending on the drug and the circumstances of the charge, penalties can include fines, mandatory treatment programs, jail sentences, suspension of driver’s license, and probation. For example, although simple possession of marijuana of one ounce or less is subject to a $100 fine and forfeiture of the drug, an additional charge for intent to distribute any amount of marijuana can result in fines of up to $5,000 and incarceration for up to two years. Penalties may be increased for repeat offenders or in certain other situations.
Assault
There is a broad range of conduct classified as sex crimes, ranging from rape and date rape to indecent assault and battery. To prove a charge of indecent assault and battery, the prosecution must show that the defendant committed an assault and battery involving indecent touching of the victim’s body without the victim’s consent, and that the victim was at least 14 years old. People convicted of this crime may be punished by up to two and a half years in the House of Corrections or up to five years in state prison. However, there are often many defenses that may be available to individuals accused of indecent assault and battery or other sex offenses. For example, they may argue that the accuser consented to the behavior, that someone else actually perpetrated the unlawful behavior, or that the accuser is bringing false allegations. Many of these cases hinge on the credibility of the defendant and other witnesses, so it is critical to enlist an attorney who can properly prepare your case.
Restraining Order
Massachusetts law imposes substantial penalties on a wide spectrum of conduct that involves physical harm or the threat or attempt of physical harm between members of the same household. These are defined not only as people who have blood or marriage ties but also as people who are living together, have had children together, or have merely dated at some time. Domestic assault and battery is usually charged as a misdemeanor, which can be punished by up to 30 months in jail and up to $1,000 in fines. The penalties may be more significant if the alleged perpetrator was under a restraining order at the time.
Whether it is a single family home, investment rental property, an industrial warehouse, or a professional office complex, O’Donald Law Offices can assist in successfully navigating real estate closings, zoning compliance, environmental issues, municipal law, and title conflicts throughout Western Massachusetts. From Westfield to Chicopee and everywhere in between, our attorneys and staff bring the same focus and detailed attention to every real estate transaction we manage – large or small.
Land Use and Zoning
Condominium Law
Whether it is a single family home, investment rental property, an industrial warehouse, condominium development or a professional office complex, we can assist you in successfully navigating real estate closings, zoning compliance, environmental issues, municipal law, and title conflicts.
Our elder law attorneys provide counseling for MassHealth eligibility and preparation of applications for community and facility-based programs. We also assist trial attorneys across the state with estate planning for injured clients who receive jury awards and personal injury settlements. This service includes drafting special needs trusts, assisting with selection of trustees, as well as filing petitions for conservatorships and guardianships.
Medical Malpractice
Medical malpractice occurs when a patient is injured by a medical professional while undergoing treatment. Massachusetts malpractice law explains what constitutes a legitimate medical malpractice claim in the state. It also establishes rules regarding medical malpractice cases, including the time limit for filing a claim and limits on how much a court can award a patient who has been injured.
Medicaid Planning
Alison’s practice includes estate planning, which consists of drafting estate plans with a view towards passing assets according to clients’ wishes, eliminating estate taxes, avoiding probate, and protecting assets from the cost of long term care, i.e. Medicaid planning and asset protection.
O’Donald Law Offices’ estate planning practice is tailored to serve individuals in all circumstances and stages of life, including young families, elders and those caring for aging parents.
Wills
Last will and testament expresses what you want to happen to your property and minor children if you die. A living will expresses what you want to happen to your person regarding medical treatment while you are still alive.
Trusts
The probate administration process is time-consuming, public, and usually expensive. The goal of an estate plan is to avoid probate administration by using either a revocable trust or an irrevocable trust and funding the trust before death.
Power of Attorney
Health care proxy is a document that names someone you trust as your proxy, or agent, to express your wishes and make health care decisions for you if you are unable to speak for yourself. A health care proxy may also be called a durable medical power of attorney or an appointment of a health care agent or health care surrogate. Naming a proxy can help ensure that you get the health care you prefer in the event that you cannot communicate your wishes.
Estate planning to reduce estate and gift taxes. The federal gift and estate tax exemptions now exceed $5,000,000 for and individuals and $10,000,000 for married couples. Massachusetts has a $1,000,000 estate tax exemption and no gift tax. If your estate exceeds these amounts, you may need to plan to avoid having your survivors pay transfer tax at your death. Tax planning may also be necessary if you have remarried or if you have special assets such as a closely-held business, a family vacation home, or property in another state or country. A trust that maximizes the property that can pass tax free and incorporates deductions such as the marital or charitable deductions can eliminate or minimize these taxes. A trust can also make provisions for your specific family and business concerns. The trusts we might recommend to reduce taxes and provide the maximum benefit to your loved ones include Revocable Living Trusts, Marital Deduction Trusts, Irrevocable Life Insurance Trusts, Grantor Retained Annuity Trusts, Qualified Personal Residence Trusts, Special Needs Trusts, and Pet Trusts.