Specialized Programs
Specialized Programs
Some cases are especially complex and require in-depth expertise and resources.
The Committee for Public Counsel Services proudly provides legal counsel through the following programs:
- Special Projects Cases
Innocence Program
What We Do
We identify and fight to overturn wrongful convictions across the state. Our attorneys represent indigent state defendants who have been convicted and punished for crimes they did not commit. We are part of CPCS’ Private Counsel Division.
As a member of the Innocence Network, we accept both DNA and non-DNA based innocence claims, with special attention to cases involving eyewitness identification, flawed or invalidated forensic science, and false confessions.
Mandatory GPS Monitoring in Sex Offense Cases
What We Do
Two decisions from the state’s highest court, the Massachusetts Supreme Judicial Court, have ruled that GPS monitoring cannot be imposed without a proper hearing in front of a judge.
You have a right to a lawyer to determine whether an adequate hearing was held in your case and to challenge the continuation of your GPS monitoring. If you cannot afford an attorney, one will be assigned to represent you. If the challenge is successful, a judge will vacate that condition of probation and the device must be removed.
REach out
If you’re currently wearing a GPS device as a condition of your probation in Massachusetts, our program may be able to assist you in removing the device.
Fill out the below form or call our confidential message line at (617) 910-5850. Please note that while the message line is not staffed, voicemails are checked daily.
When leaving a voicemail, please share the following in your message:
- Your name (please spell first and last name)
- Your phone number, email address, and mailing address
- The court where your case was resolved
- The case number (if you have it)
- The name of the attorney who represented you previously
Hinton and Amherst Drug Lab Cases
To request assistance please fill out the inquiry form below. Providing your docket number and current contact information is very helpful. If you do not have your docket number, please indicate in which court you were convicted. If possible, please indicate in the Concerns/Notes section if you or the person you are requesting information on behalf of is currently incarcerated, is facing deportation or removal as a result of a Massachusetts drug case, or is serving a federal sentence or facing a federal or state charge where a Massachusetts drug case is being used as a sentencing enhancement.
Please be aware that a response may take a few weeks, depending on the number of inquiries we receive. If you would rather leave a phone message with this information, please call 1-888-999-2881.
Refunds of Fines and Fees: If your case was vacated prior to May 19, 2020, please see the notice below the inquiry form regarding the class action lawsuit. If you submit an inquiry about the class action lawsuit to us we will not respond as we cannot help you.
If your case was vacated after May 19, 2020, a form Motion for Refund After Invalidated Conviction can be found here.
Drug Lab Case Inquiry Form
Inquiries about compensation or the class action lawsuit:
Individuals whose state conviction for a drug offense was vacated and dismissed due to the misconduct of either of the former chemists Annie Dookhan or Sonja Farak were eligible to participate in the class action lawsuit if the dismissal occurred on or prior to May 19, 2020. Such individuals were automatically included in the class action settlement, and became “members” of the class. They could not opt out of the settlement unless they filed a motion for individual relief before the court approved the settlement agreement on October 14, 2022.
Checks and an informational notice were distributed to class members in 2023. The notice stated, “the check must be cashed within one year or it will become void”. Class members were also instructed how to file claim forms for select issues (for example, regarding estate claims, class membership, refunds, etc.) and advised they had one year to do so.
The one-year period was extended for several months and now the administrators are no longer handling any claims or maintaining a hotline or website. Thus, the class members who have not received compensation or wish to inquire about the amount received can no longer receive assistance from the administrator. Since this is a civil and not a criminal matter, CPCS is unable to provide any legal advice regarding the class action settlement or any potential refunds. However, we have some suggestions.
If you were a class member but did not receive a check:
If a check was issued to you that you never received and it was never cashed, you may be able to claim it through the Massachusetts Unclaimed Property website at https://www.findmassmoney.gov/. We cannot guarantee that you will be able to do so.
If you were a class member, did not receive a check and could not find the funds on the unclaimed property website, or, if you did not receive notice about the class action and could not find the funds on the unclaimed property website:
You may seek a refund for money paid in your vacated and dismissed case by filing an individual motion in court. These motions are available at clerk’s offices or from the mass.gov website here. Please note the form allows you to submit documentation, including “other papers showing what [you] paid.” We strongly recommend that you describe your specific circumstances, for example, you never received notice or payment from the class action settlement, and that you have nothing listed on the Unclaimed Property website (if applicable).
If your case was vacated and dismissed after May 19, 2020
If your case was dismissed after May 19, 2020, then you are NOT a member of the class and you should file the form motion available here.
As noted above, CPCS cannot appoint an attorney for these cases and we cannot aid you in drafting, filing, or litigating the motions. If the motion is denied and you think that was an error, we cannot appoint an attorney to appeal the denial.
Breathalyzer Cases
POTENTIAL RELIEF IN MASSACHUSETTS BREATHALYZER CASES
If you were convicted in Massachusetts for operating under the influence of alcohol (OUI) in a case where there was a breath test done on a breathalyzer machine that was certified between June 2011 and April 17, 2019, you may be able to get a new trial or vacate (undo) your plea.
Challenging Your Conviction:
You have the right to challenge your OUI conviction if your breath test was done on a Draeger 9510 breathalyzer machine that was calibrated and certified between June of 2011 and April 17, 2019.
In deciding whether it makes sense to challenge the conviction, it will be important to consider if there was other evidence of driving under the influence of alcohol that the government could use against you even if there were no breath test results (accident, driving violations, open containers, failing field sobriety test, etc.)
If you succeed in undoing your conviction and recieve a new trial:
As a result of a series of court decisions and agreements, breath test results from the Draeger 9510 breathalyzer machines that were produced by a device calibrated and certified between June 2011 and April 17, 2019 are deemed presumptively excluded from a re-trial. For most OUI cases, the District Attorney’s Offices have agreed not to attempt to use as evidence the breath test results from this period.
However, in cases alleging motor vehicle homicide by operation under the influence, in violation of G.L. c. 90, §24G; operating under the influence causing serious bodily injury in violation of G.L. c. 90, §24L and operating under the influence of liquor as a 5th or greater offense, in violation of G.L. c. 90, §24(1)(a)(1) a prosecutor may seek to establish the reliability of the Draeger 9510 breath tests from the June 2011 to April 17, 2019 time frame and move to admit those results at trial.
Legal Advice:
Attorneys please note: Attorney inquiries should be sent to [email protected]
You may want to consult with a lawyer to determine whether it makes sense for you to try to get a new trial or undo your plea.
If you hired a lawyer privately to represent you in your OUI case, please contact that lawyer.
If you cannot afford a lawyer and qualify for appointed counsel, a lawyer will be assigned to represent you at no charge.
If you were appointed a lawyer by the Court in your OUI case, please complete and submit the form below or leave the same information on our confidential recorded intake line at 617-910-5856. Please note you may only leave a message; you will NOT be able to speak with anyone. Please be prepared to provide the following information.
- Defendant Name (and contact person’s name if different)
- Defendant Date of Birth
- Defendant/Caller’s Phone Number
- Defendant/Caller’s Mailing Address
- Defendant/Caller’s Email Address
- Courthouse (where the case occurred)
If you currently qualify for appointed counsel, then a lawyer will be assigned to contact and consult with you.
Due to the large number of anticipated inquiries, a lawyer may not contact you for a number of days or weeks. We appreciate your patience.
If your income is currently too high to qualify for an appointed lawyer, you may wish to hire a lawyer.
You may be able to find a lawyer by contacting the Massachusetts Bar Association, the Boston Bar Association, or other bar association lawyer referral services.
Important Notice from the District Court Regarding the Hearings for Motions to Vacate Convictions Due to the Use of the Alcotest 9510 Breathalyzer Machine Between June 2011 and April 18, 2019.
At present, the District Court is operating under District Court Standing Order 12-20, which, due to the safety risks posed by COVID-19, limits the matters that Courts must hear. Motions for new trials or to vacate pleas or admissions are not among the limited matters that courts must hear at present. Thus, while Standing Order 12-20 remains in effect, Courts will accept such motions for filing but are not required to schedule the matter for a hearing until court operations return to their normal course and Courts have the ability and resources to conduct such hearings.
It has come to our attention that some notices were sent to incorrect addresses and, unfortunately, to defendants who are now deceased. Please accept our apology for these errors. The Commonwealth tried in earnest to create a comprehensive and accurate list of all those people who had cases affected by the breathalyzer. We appreciate knowing about incorrect addresses so we can attempt to notify all defendants. Please do let us know if you received the letter in error by leaving a message on our message intake line at (617) 910-5856.
Attorney Richard M. Doyle Jr. Cases
POTENTIAL RELIEF FOR DEFENDANTS REPRESENTED BY ATTORNEY RICHARD M. DOYLE JR. BBO# 552133
The Committee for Public Counsel Services has learned that Attorney Richard M. Doyle Jr., who represented defendants as a court-appointed attorney from 1991 until 2017, publicly posted on Facebook various racist, bigoted, and intolerant statements against individuals who were black, Hispanic, Muslim, transgender, and undocumented immigrants while he was representing clients. Additionally, Attorney Doyle made public posts denigrating criminal defendants generally as well as his own clients.
If you were represented by Attorney Richard M. Doyle Jr you may be entitled to a new trial or to vacate (undo) your guilty plea. Please note that there is no guarantee at this time that you will be entitled to vacate your conviction simply because you were represented by Attorney Doyle. If you are indigent(unable to afford a lawyer), you are entitled to have an attorney appointed at no cost to you to screen your case to determine if there are grounds for moving for a new trial or to vacate a guilty plea.
Legal Advice:
Attorneys please note: Attorney inquiries should be sent to [email protected]
You may want to consult with a lawyer to determine whether it makes sense for you to try to get a new trial or undo your plea.
If Attorney Doyle was appointed to represent you on a case and represented you through a guilty plea or a conviction after trial, please complete and submit the form below or leave the same information on our confidential recorded intake line at 617-910-5895. Please note you may only leave a message; you will NOT be able to speak with anyone. Please be prepared to provide the following information.
- Defendant Name (and contact person’s name if different)
- Defendant Date of Birth
- Defendant/Caller’s Phone Number
- Defendant/Caller’s Mailing Address
- Defendant/Caller’s Email Address
- Courthouse (where the case occurred)
Due to the large number of anticipated inquiries, a lawyer may not contact you for a number of days or weeks whether you call or use the inquiry form. We appreciate your patience.
Springfield Police Misconduct Cases
If you were convicted in a case that was investigated by the Springfield Police Department at any point since 2013, you may be able to get a new trial or vacate (undo) your plea. Please fill out the inquiry form below for more information. If you are an attorney seeking information, please click here.
Due to the large number of anticipated inquiries, you may not be contacted for a number of days or weeks. We appreciate your patience.
If you currently qualify for appointed counsel, then once your inquiry is submitted and processed a lawyer will be assigned as soon as possible and will then contact and consult with you. Please note that there are only a limited number of attorneys available for post-conviction cases and it could take an extended period of time (perhaps months) for an attorney to be assigned to represent you.
If you cannot complete the inquiry form, please call and leave the same information on our confidential recorded intake line at 617-910-5858. Please note you may only leave a message; you will NOT be able to speak with anyone. Please be prepared to provide the following information.
- Defendant Name (please spell first and last name)
- Defendant Date of Birth
- Contact Phone Number
- Contact Mailing Address
- Contact Email Address
- Courthouse (where the case occurred)
Defendant questions
Can I get more information about what the Springfield Police department did?
More information regarding the misconduct committed by certain members of the Springfield Police Department can be found in the DOJ report.
I lost the notice I received in the mail, can I get another copy?
We cannot provide you with your individualized notice, however you can get a standard copy of the notice with all the relevant general information here.
How long will it take to get an attorney?
First, a court must determine whether you qualify for appointed counsel. Once you submit that paperwork, it can take the court weeks to make that determination. If you qualify for appointed counsel, your case will be placed on a list of post-conviction cases awaiting an attorney. This process can also often take weeks or months given the number of individuals seeking an attorney. We appreciate your patience.
What if I don’t qualify for an appointed lawyer?
If your income is currently too high to qualify for an appointed lawyer, you may wish to hire a lawyer.
You may be able to find a lawyer by contacting the Massachusetts Bar Association at (617) 654-0400, the Boston Bar Association at (617) 742-0625, or other bar association lawyer referral services.
Attorney Questions
Where do I get the discovery for these cases?
In order to access the discovery provided by the Springfield Police Department and the Hampden County District Attorney’s Office, you must first sign this protective order.
Once you have signed and submitted the protective order, we will give you information on how to begin searching the discovery. There are thousands of pages, so an e-discovery tool is necessary to make it usable.
Where can I get more information while waiting for the protective order and e-discovery access?
The Department of Justice report on the Springfield Police Department can be found here.
The Graham decision (493 Mass. 348) can be found here.
If you have any other questions, you can reach the Special Projects Unit at [email protected].