Attorney Barbara Connolly, law homework help

make sure please you add the case here to both orders. This morning the Lorette family from Rutland, Vermont contacted your law office and requested that you represent their son Francis. Over the weekend Francis was arrested by the Springfield Police Department and he is due to appear in Hampden County Superior Court this week where he will face a number of charges.They tell you the following facts.Francis is a 21-year-old undergraduate student at Springfield State University (“SSU”). He majors in biology and is just weeks away from graduating as his class’ valedictorian. After graduation Francis plans to attend medical school in California and fulfill his life-long dream of becoming a doctor.Last Saturday Francis and his girlfriend, Ellen Lavallee, went on a date. Ellen, who’s also a student at SSU but lives at home, picked up Francis outside his campus dormitory. They drove to Enfield, CT to see a movie and stopped at a restaurant after the film to have a snack and get a couple drinks.They stayed at the restaurant much longer than they intended and Ellen got too drunk to drive home. Francis had only two beers and thought it might be best if he drove them back to Ellen’s house, even though he did not have a driver’s license.On the drive home they began to argue over Francis’s plans to move to the west coast after college. Ellen wanted him to remain nearby and attend medical school in Massachusetts.The argument escalated quickly and Ellen insisted that Francis pull the car over and let her out. By this time it was nearly midnight and they were only a few miles from Ellen’s house. So Francis refused to let Ellen get out of the car.They reached the Lavallee’s home and Francis pulled the car into the driveway. He turned off the engine and gave the keys back to Ellen. They remained seated in the car and continued to fight. Ellen was yelling so loudly that one of the Lavallee’s neighbors, Mrs. Hannah Doherty, decided to call the cops.Ellen opened the car door, slapped Francis across the face and then turned to get out. At that point, Francis pushed Ellen out of the car using his right hand. Ellen, being inebriated, fell to the ground. She bruised her knee and scraped both her hands on the driveway.Seconds later a police car pulled into the driveway. Officer Edward Beglane got out of the patrol car, saw Ellen lying on the ground and yelled at Francis to put his hands on the steering wheel. Francis complied with the order. Officer Beglane then pulled Francis from the car and placed him in handcuffs.Ellen ran into the house and Francis was lead to the front of the police car where Beglane asked him what was going on. Francis refused to answer questions and told officer Beglane “I want a lawyer.”Francis also refused to take a breathalyzer or field sobriety test.Officer Beglane locked Francis inside his cruiser and began a brief investigation. He spoke to Ellen who was visibly intoxicated. She made the following statement.“Francis and I went on a date. I had too much to drink and Francis drove me home. He only had a beer or two. I can’t remember. We fought on the way home and he wouldn’t let me out of the car.”When Beglane asked about the scrapes on her hands, Ellen responded “I fell to the ground getting out of the car. Francis might have pushed me. I don’t know. I’m a little drunk. Please don’t arrest Francis.”Officer Beglane then questioned Mrs. Doherty. She told Beglane that she heard the couple yelling around midnight. She wasn’t sure what they were saying and didn’t bother to get out of bed and observe the situation. Instead, she simply called the police from the phone on her nightstand and went back to sleep.Ellen’s parents had slept through the whole ordeal.Francis was brought to the police station for processing and released the next morning. He’s now awaiting his first appearance in court.(Ellen has refused to cooperate further with the police and she would like you to make whatever arguments are necessary to keep her from testifying if the matter goes to trial.)The case has been assigned to Hampden County’s newest prosecutor, Barbara Connolly. Attorney Connolly graduated from law school last year and was hired by the district attorney’s office just a few months ago. She is determined to earn a reputation as the toughest prosecutor in the county and is willing to take almost any case to trial.Connolly intends to charge Francis with the following crimesM.G.L. c. 265 § 26 – Kidnapping, a felony punishable by up to ten years imprisonmentM.G.L. c. 265 § 13A – Assault or assault and battery, in this case a misdemeanor punishable by a $1,000 fine or a jail sentence up to 2 ½ years.M.G.L. c. 90 § 24 – Driving while under the influence of intoxicating liquor, a misdemeanor punishable by a fine of $500 to $2,000 or a jail sentence up to 2 ½ years.M.G.L. c. 90 § 10 – Operating a motor vehicle without a license, a misdemeanor punishable by a fine up to $500 or imprisonment for up to ten days in jail.M.G.L. c. 272 § 53 – Disturbing the peace, a misdemeanor punishable by a $150 fine.Connolly has also threatened to subpoena Ellen into court and force her to testify pursuant to Massachusetts Rule of Criminal Procedure 17(a). If Ellen refuses, then Attorney Connolly will seek to have her charged with contempt of court.A felony conviction will disqualify Francis from medical school and ruin any chances he has of becoming a doctor. His family has hired you to represent him and get the best deal possible for their son.Assignment:Write a four-page letter to Attorney Connolly on your letterhead. Point out the weakness of the state’s evidence against your client. Use the language from relevant case law to make your arguments. Finally, offer Connolly some type of plea bargain that you believe your client would be willing to accept.You will be graded on the following criteria:Your ability to act as an advocate for your client.The clarity and persuasiveness of your letter.Your use of statutes and case law in making your arguments.The professionalism of the letter itself—its formatting, letterhead design, etc.Additional InformationYour office address – 1215 Wilbraham Road, Springfield, MA 01119Prosecutor’s office address – 1000 North Main Street, Springfield, MA 01103 View as Page Download Toggle Fullscreen Send to Binder Download

 
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