NEWS
SUPREME JUDICIAL COURT

July 2021
The SJC issued an opinion in an interlocutory appeal briefed and argued by Attorney Menken on behalf of a juvenile defendant. In its unanimous decision, the state’s highest court agreed with Attorney Menken that G. L. c. 233, § 20, Fourth prohibits prosecutors from calling parents to testify against their children, but allows juveniles to call their parents to testify for the defense. The Court observed that “[t]he plain language of [the statutory provision], its neighboring provisions, and its purpose all support the juvenile’s interpretation.”

NEWS
CONCORD DISTRICT COURT

July 2021
At a hearing on a criminal complaint charging Attorney Menken’s client with numerous motor vehicle offenses, the Court granted a motion to dismiss the complaint prior to arraignment.

NEWS
SUPREME JUDICIAL COURT

May 2021
Attorney Menken attended her first in-person oral argument before the SJC since the start of the pandemic. The argument concerned the meaning of G. L. c. 233, § 20, Fourth, which restricts parental testimony against a child. At the beginning of the prosecutor’s oral argument, Justice Georges remarked that Attorney Menken’s brief offered a “compelling” interpretation of the statute.

NEWS
US DISTRICT COURT

February 2021
After hard-fought litigation spanning much of the COVID-19 pandemic, Attorney Menken convinced a Federal District Court Judge to grant her client’s motion for compassionate release. Her client, who was less than half way through a 15-year prison term for conspiracy to distribute marijuana and related money laundering charges, was released to home confinement. This highly-susceptible individual was thus spared the constant threat of exposure to the virus. At the hearing in which the motion was granted, the Judge remarked that Attorney Menken’s client had been very well represented by counsel.

NEWS
SUPREME JUDICIAL COURT

January 2021
In a case briefed and argued by Attorney Menken, the SJC issued an opinion ruling that all minor misdemeanor charges arising out of a single episode of conduct must be dismissed against juveniles with no prior record, pursuant to G. L. c. 119, § 52. The Court also agreed with Attorney Menken’s argument that there was no probable cause to support a felony charge for incitement against her client where the charge was premised on allegations that her client had verbally challenged a police officer. The Court further echoed Attorney Menken’s concerns that charges for incitement under G. L. c. 264, § 11 may run afoul of the First Amendment.

NEWS
REGISTRY OF MOTOR VEHICLES

November 2020
After a client’s driver’s license was automatically suspended due to an unpaid speeding ticket in another state, Attorney Stroud quickly resolved the matter with the RMV. Despite restrictive pandemic conditions, Attorney Stroud was able to obtain a telephonic hearing with an RMV hearing officer and resolve the license suspension in short order, without the need for the client to appear.

NEWS
SUPREME JUDICIAL COURT

November 2020
Attorney Menken had her first “zoom” oral argument before the SJC. The argument concerned the enforceability of Massachusetts’ “Promotion of Anarchy” statute as applied to a confrontation between police and high school students.

WELCOME

September 2020
The Law Office of Michelle Menken is proud to welcome Attorney Diana Stroud. Attorney Stroud joined the office as an associate. She previously clerked at the Massachusetts Supreme Judicial Court twice with the Honorable Scott L. Kafker. She also clerked at the United States District Court for the District of Massachusetts with the Honorable Judith G. Dein. Attorney Stroud received her J.D. from Boston University School of Law in 2017, where she graduated cum laude. While in law school, Stroud was a member of the Boston University Law Review and vice president of the Native American Law Student Association. She received her B.A. in political science from Wellesley College where she also graduated cum laude.

Attorney Stroud is admitted to practice law in Massachusetts and the United States District Court for the District of Massachusetts.

NEWS
REGISTRY OF MOTOR VEHICLES

July 2020
Attorney Menken quickly worked to lift the suspension of a client’s driver’s license after the client was notified that his license had been suspended due to an out-of-state violation. Attorney Menken contacted the RMV, requested a hearing, and resolved the issue within a matter of days, without the need for the client to appear.

NEWS
SUPREME JUDICIAL COURT

July 2020
The SJC issued an opinion in an important juvenile case briefed and argued by Attorney Menken. The Court clarified procedural questions regarding Juvenile Court transfer hearings and agreed with Menken’s position that the Juvenile Court has the authority to resolve a motion to dismiss grounded in prosecutorial delay.

NEWS
US DISTRICT COURT

March 2020 
As the COVID-19 pandemic began to shut down the state, including the workplace of Attorney Menken’s client, Menken quickly persuaded the Court to lift a restriction on where the client was allowed to live during his Supervised Release term. The client was able to move from a crowded rooming house to a family home where he could be safer from the virus and not worry about making rent.

NEWS
BOSTON MUNICIPAL COURT – CENTRAL DIVISION

January 2020 
At a clerk-magistrate’s hearing on an application for a criminal complaint charging Attorney Menken’s client with threats of bodily harm, the prosecuting detective chose to withdraw the application. Attorney Menken had gathered and presented her client’s family, educational, and mental health history to the detective before the hearing, proving that a criminal prosecution would not be in the interests of justice.

NEWS
SUPREME JUDICIAL COURT

January 2020 – Shout Out
During an oral argument, Justice Frank Gaziano commended Attorney Michelle Menken for the use of hyperlinks in her brief, stating: “I just want to thank you, for the people listening, for the hyperlinks in your brief. They were incredibly helpful … hint!” Justice Gaziano’s statement was featured as a Quote of the Week on Mass Lawyers Weekly. Attorney Menken regularly advises other attorneys on best practices for electronic filing and is a frequently sought after speaker in this area.

NEWS
TAUNTON JUVENILE COURT

January 2020 
Attorney Menken successfully got her client’s rape charge dismissed for want of prosecution. After her own investigation, Attorney Menken presented the prosecution with a mountain of exculpatory evidence, which the prosecutor was obliged to present to the grand jury. In light of exculpatory evidence and the lack of evidence to support the witness’s accusation, the grand jury failed to indict and court dismissed the charge for want of prosecution.

NEWS
SOMERVILLE DISTRICT COURT

January 2020 
At a complaint hearing to determine whether Attorney Menken’s client should be criminally charged for assault and battery and interfering with a police officer, Attorney Menken presented evidence of her client’s mental health conditions and ongoing treatment. The court was persuaded that no complaint should issue.

NEWS
SUPREME JUDICIAL COURT

January 2020 – Amicus Brief
Drawing upon the arguments made in Attorney Menken’s amicus brief, submitted on behalf of the Youth Advocacy Division of the Committee for Public Counsel Services and the Massachusetts Association of Criminal Defense Lawyers, the Court in Commonwealth v. Preston P., SJC-12706 , for the first time clarified the difference between pretrial probation and pretrial conditions of release. Significantly, the court resolved the standard of proof for ending pretrial probation based on a new offense or based on a noncriminal violation. The Court also held that due process requires that the juvenile receive written notice of the violation prior to the hearing.

NEWS
COMMITTEE FOR PUBLIC COUNSEL SERVICES

December 2019 – Speaking Engagement
Attorney Menken presented at the Committee for Public Counsel Services’ first Juvenile Appeals Certification Training. Attorney Menken delivered a workshop on Drafting a Persuasive Appellate Brief, where she provided practical tips for writing persuasive briefs based on her years of experience in this arena. She emphasized strategies to tell the client’s story and argue novel issues, among other best practices.

NEWS
COMMITTEE FOR PUBLIC COUNSEL SERVICES

October 2019 – Youth Advocacy Division, Juvenile Appeals Unit
Attorney Menken became a mentor for attorneys new to the Juvenile Appeals Unit of the Youth Advocacy Division of CPCS. Private attorneys certified represent indigent juveniles in post-adjudication matters arising out of delinquency or youthful offender proceedings, as well as post-conviction matters for juvenile homicide offenders.

Boston Municipal Court – Roxbury Division

May 2019 
After vacating two of her client’s guilty pleas on the grounds that they were unconstitutionally entered, Attorney Menken convinced the supervising assistant district attorney not to re- prosecute. Getting those cases closed cleared the way for the client, who was a federal prisoner, to seek pre-release to a halfway house and take key steps towards rehabilitation.

COMMITTEE FOR PUBLIC COUNSEL SERVICES

March 2019 – Murder List Certification
Attorney Menken has been certified by the Committee for Public Counsel Services to accept  first and second degree murder appellate and post-conviction cases for the public defender agency. Attorneys accepted to this list demonstrate significant experience with complex evidentiary and procedural issues.

COMMITTEE FOR PUBLIC COUNSEL SERVICES

February 2019  – Speaking Engagement
Attorney Menken led a three-hour interactive workshop at the Committee for Public Counsel Services which provided participants with various computer techniques for drafting electronically-filed briefs in accordance with the new appellate rules.

MASSACHUSETTS APPEALS COURT

January 2019
On appeal, the court agreed with Attorney Menken’s argument that her client’s guilty plea was defective because there were insufficient facts to support the charge of discharging a firearm within 500 feet of a building. The conviction was vacated.

SUFFOLK COUNTY DISTRICT ATTORNEY

January 2019
Attorney Menken is proud to have been selected by the newly-elected District Attorney, Rachael Rollins, as a member of the Transition Team.

SUFFOLK SUPERIOR COURT

October 2018
After winning a new trial motion in her client’s armed home invasion case, Attorney Menken and co-counsel successfully negotiated a plea whereby the armed home invasion charge was dropped. Originally sentenced to 30-35 years, the client received a sentence of time-served and was immediately released.

MARLBORO DISTRICT COURT

December 2018
After her client’s out-of-state license was suspended due to a criminal charge, Massachusetts imposed a reciprocal suspension on his in-state license. Without a valid license, our client could not renew his vehicle registration. Police in Massachusetts tried to charge him criminally for operating a motor vehicle without a license or registration. Attorney Menken stepped in and got the application for a criminal complaint dismissed. She then got the client’s out-of-state license reinstated, allowing him to renew his Massachusetts license and registration.

SUPREME JUDICIAL COURT

September 2018 – Amicus Brief
Attorney Menken co-authored an amicus brief on behalf of the Youth Advocacy Division of the Committee for Public Counsel Services in the case of a juvenile who had been sentenced on armed assault convictions to a longer term of prison than he would have received had he committed murder. The Court agreed that the sentence was disproportionate and unconstitutional, so it vacated the sentence and sent the case back to the sentencing judge with an instruction to reduce the term.  

MASSACHUSETTS APPEALS COURT

April 2018
On appeal in a masked armed robbery case, Attorney Menken demonstrated that the evidence at trial (including DNA and surveillance video) was insufficient to establish her client’s identity as the perpetrator. The court reversed the conviction and ordered a judgment in favor of Menken’s client.

Suffolk Superior Court

March 2018
Together with co-counsel, Attorney Menken successfully litigated a Rule 30 Motion for New Trial in an armed home invasion case. Her client’s conviction and 30/35-year prison term were vacated because the prosecution failed to disclose exculpatory evidence.

MACDL

March 2018 – Speaking Engagement
At the Massachusetts Association of Criminal Defense Lawyers’ annual Advanced Post-Conviction Litigation Seminar, Attorney Menken delivered a presentation on tips and tricks for electronic briefing in the digital age. Her materials are available to members on the MACDL web site.

Woburn District Court

December 2017 – Motion to Vacate
Attorney Menken persuaded a district court judge to vacate a Harassment Prevention Order that had been issued against her client under G.L. c. 258E, thereby clearing the client’s record.

Department of Criminal Justice Information Services

October 2017 – Formal Legal Correspondence
Attorney Menken successfully demonstrated to DCJIS that her client’s murder conviction should be classified as a juvenile adjudication, rather than an adult adjudication, so the offense will no longer appear  on the client’s Criminal Offender Record Information (CORI)

Dorchester District Court

July 2017 – Motion to Revise or Revoke Sentence
Attorney Menken persuaded a district court judge to change her client’s sentence from a term of incarceration to a term of probation, resulting in the client’s immediate release from custody

Attorney Menken prides herself on being engaged, accessible, and efficient. She is dedicated to providing her clients with practical results in an effective and responsive manner. Contact Attorney Menken at 617-795-0459 for more information on how she can address your legal needs.