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Michael Howard Erlich
Avvo
Pro

Michael Erlich’s Legal Cases

16 total


  • Commonwealth v. Holly

    Practice Area:
    Criminal Defense
    Date:
    Nov 19, 2008
    Outcome:
    Jury Verdict Not Guilty
    Description:
    Case was first to apply criminally the Social Host Law were the Commonwealth attempted to show that my client allowed alcohol to be consumed on his premise by minors, ultimatley resulting in the death of a person who left my client's house.
  • OUI (2nd Offense) .16 Breath Test, Operating to Endanger

    Practice Area:
    DUI & DWI
    Date:
    Jun 06, 2012
    Outcome:
    Not Guilty both counts
    Description:
    My client was stopped for crossing marked lanes on Route 122 in Barre. The officer testified at a jury trial that my client almost fell out of his vehicle and staggered to the rear of it where a state trooper requested he perform field sobriety tests. Both officers determined he failed and placed him under arrest after observing numerous indications of impairment. My client elected to take the breathalyzer and his reading was .16, twice the legal limit. In addition approximately ½ hour before performing the test he threw up in the booking room. The jury deliberated for approximately 3 hours. My client had a CDL license and this verdict essentially saved his business.
  • Assault & Battery, Assault & Battery With A Dangerous Weapon.

    Practice Area:
    Criminal Defense
    Date:
    May 01, 2012
    Outcome:
    Dismissed
    Description:
    My client was charged in an altercation with a group of people. It was alleged that my client punched and struck the victim with a metal pipe causing a serious laceration. Upon reviewing the case and a statement from another witness, I determined that the victim was as much at fault as my client. I filed a private complaint on behalf of my client against the victim with the hope of ultimately putting some pressure on him to dismiss the charges against my client. I obtained the victim’s probation history and saw that he had been to court on various charges and certainly would not want to face the charges we applied for. The case continued for a little over 4 months with numerous court hearings and ultimately ended with the prosecutor dismissing the charges.
  • Restraining Order Hearing

    Practice Area:
    Domestic Violence
    Date:
    May 03, 2012
    Outcome:
    Order Vacated
    Description:
    The initial restraining order was issued for 1 year against my client who is a Massachusetts State Trooper. The plaintiff appeared with her attorney and requested the court issue a permanent restraining order. Following a hearing in which no evidence of any misconduct was presented and a lot of evidence tried to be introduced through the plaintiffs’ lawyer, I objected to on relevance and hearsay ground. The judge sustained my motion to exclude this evidence. I asked the order be vacated based upon restraining orders not being automatic renewals. The judge agreed and the order was vacated.
  • Operating To Endanger

    Practice Area:
    Criminal Defense
    Date:
    May 17, 2012
    Outcome:
    Dismissed
    Description:
    My client was charged following an accident that occurred on route 9 in Shrewsbury. While heading north she veered into the opposite lane of travel and struck a motorist causing damage and minor personal injuries. In addition to the criminal charge she was cited for two additional civil offenses.
  • Probation Violation

    Practice Area:
    Criminal Defense
    Date:
    May 24, 2012
    Outcome:
    Probation Continued
    Description:
    My client was placed on probation for possession of heroin. Within a couple of months he violated the terms of his probation and tested positive on 2 separate occasions. I set up a 30-day residential program at the Webster House in New Hampshire but he used again while at the facility. His probation was violated again and after speaking to his counselor it was recommended that he enter a more structured 30-day program at Farnum Treatment center. The court agreed and he successfully completed the program. At the final probation hearing, the court continued his probation without sentencing him and ordered he compete a 6-month residential program.
  • Drug Offense-Possession Class B

    Practice Area:
    Criminal Defense
    Date:
    May 21, 2012
    Outcome:
    Dismissed
    Description:
    Having almost completed probation on a first offense OUI, my client was arrested when member of the Sutton police department executed a search warrant at a friend’s house. My client was found to be in possession of oxycodone. Prior the probation violation hearing, I spoke to his probation officer and was informed that he had, for the most part, completed everything that was required of him during the 1 year except for the new charge. I had him take a drug test in anticipation of the pre trial hearing on his new offense. The prosecutor recommended he be placed on probation for 1 year. I argued that it should only be 6 months since he had already completed 1 year. The judge dismissed the reprobation violation upon payment of court costs and placed him on unsupervised probation for 6 months with the case being dismissed if he successfully finished probation.
  • Breaking & Entering

    Practice Area:
    Juvenile
    Date:
    May 24, 2012
    Outcome:
    Dismissed
    Description:
    This case falls under one of the most unusual cases I have been involved with. My client who is presently 45 years old had been found delinquent in juvenile court in 1984 for the above-charges. He was adamant about his innocence but his attorney at the time coerced him into pleading guilty and even though the individual who was responsible for the crime was never arrested. Two months after my client was placed on probation the individual who was responsible for the above charges murdered my client’s mother. My client works in the security field and needs special clearances and needed to hire an attorney who could reopen the 27-year-old case since it was beginning to cause him problems when CORI checks were done, Once that was accomplished the cases had to be dismissed. I filed a motion for new trial and once that was allowed, the prosecutor entered the dismissal effectively ending his 27-year ordeal of having to deal with this case.
  • OUI (3rd offense)

    Practice Area:
    DUI & DWI
    Date:
    May 16, 2012
    Outcome:
    Amended to 2nd offense
    Description:
    My client was charged with her third offense following an accident. When she was brought to the police station she was offered a breath test and blew a .19, almost 2.5 times the legal limit. In Uxbridge, the first court, I had obtained an agreement to reduce the charge to a second offense but the judge would not accept the reduction. I then transferred the case to Worcester to schedule a trial assignment date. I offered the same recommendation to the court and the disposition was allowed. My client avoided serving a mandatory 6-month jail sentence.
  • OUI (4th offense), Operating to Endanger

    Practice Area:
    DUI & DWI
    Date:
    Jun 25, 2012
    Outcome:
    Not Guilty both counts.
    Description:
    Following an accident, Dudley police investigated a suspect. Since this was a 4th offense we opted for a jury trial. My client attended a Patriots game and on his way home he was involved in a motor vehicle accident. Following an investigation, the officer testified that he observed a strong odor of alcohol on my client’s breath, slurred speech and bloodshot eyes. My client had admitted to drinking at the game. The jury deliberated for approximately 25 minutes and found my client not guilty. Result: Not Guilty Both Counts.