Criminal Defense

Criminal Defense Lawyer in Boston, Cambridge and Throughout Massachusetts

Your legal rights are never more important than when you have been accused of a crime. If you or someone you know, adult or juvenile, is charged with a crime, we have the knowledge and experience to make sure you receive justice.

Our goal is to make sure that our clients are given the benefit of the full and equal protection afforded them under the laws, and that any possible conviction will have the least amount of impact upon their future. We handle the following types of criminal matters:

OUI / Drunk Driving Defense

Breathalyzers, Field Sobriety Tests, RMV Suspensions, License reinstatements, Hardship licenses, RMV Appeals.

Domestic Violence / Restraining Orders

Assault and Battery (209A), Violation of restraining orders, harassment orders; Vacating orders.

Motor Vehicle Offenses

Vehicular homicide, Reckless endangerment, Negligent operation, Unlicensed operation, Operating after suspension.

Drug Offenses

Possession, Distribution, Trafficking, Manufacturing, Cultivating, School Zone.

Guns and Weapons Charges

Guns, rifles and other firearms, Ammunition, Knifes, Machetes, Brass knuckles, Licenses, FID.

Theft Crimes

Breaking and entering crimes, Larceny, Shoplifting.

Violent Crimes

Murder, Attempted murder, Assault with intent to kill, Assault and battery by means of a dangerous weapon, All other assault and battery crimes, Robbery, Carjacking.

Sex Crimes

Rape, Attempted rape, Indecent assault and battery, Dissemination of harmful materials, Gross and lewd, Prostitution, Internet sex crimes.

Probation Violations

Surrender hearings.

College Students Defense

Criminal defense, College/University disciplinary hearings.

Clerk’s Hearings

Dismissal of the charges prior to issuance of a criminal complaint, Diversion programs.

Motions to Seal Criminal Records.

If someone you care about has been arrested and is in police custody, it is important that you take these steps to make sure that their rights are protected:

Get the basics. Ask where they are being held and what the charges are but do not talk about what happened. Your conversation may be recorded and may be used against the accused.
Tell them to remain silent and not to take any tests.
Write everything down. Document who you spoke to, what you talked about and when.
Call a lawyer. Find someone who is experienced in criminal law.
If you can’t find a lawyer right away, then try to get the person released on bail.
Keep looking for a qualified criminal defense lawyer.

Boston-area criminal defense attorney Myong J. Joun has successfully defended clients charged with drug crimes, OUI, violent crimes, assault and battery crimes, sex crimes, theft crimes, and firearms and other weapons charges. He has not only won numerous jury trials and bench trials, but has also been very successful in getting cases dismissed, evidence suppressed, and negotiating favorable dispositions. It is no wonder why many lawyers refer their clients to criminal defense attorney Myong Joun. Representative cases in which Attorney Joun has handled include:

Carrying a loaded firearm and ammunition without a license in the Central Division of the Boston Municipal Court’s “Gun Court.”
Attempted murder, assault with the intent to murder, malicious destruction of property and assault and battery with a dangerous weapon in Norfolk Superior Court.
Indecent assault and battery on a person over fourteen in South Boston District Court.
Domestic assault and battery (209A) in West Roxbury District Court.
Operating Under the Influence (OUI), Intimidation of a witness in Brighton District Court.
Negligent operation of a motor vehicle, malicious destruction of property (State Police Cruiser) in East Boston District Court.
Larceny of government property against a soldier in Westborough District Court.
Possession with intent to distribute crack cocaine within a school zone in Charlestown District Court.
Assault and battery on a police officer, assault, disorderly conduct, disturbing the peace, resisting arrest in Roxbury District Court.
Breaking and entering in the nighttime to commit a felony, receiving stolen property, burning a motor vehicle in Waltham District Court.
Rape, attempted rape, indecent assault and battery on a person over fourteen in Plymouth Superior Court.
Reckless endangerment of a child in Natick District Court.
Cultivating marijuana in Cambridge District Court.

College Students

Lawyer for Boston-Area College Students

Over the years, Attorney Joun has developed a specialty in representing the unique complexities of representing college students. There are collateral consequences that college students should be aware of when charged with a crime. You may lose your financial aid. Your F-1 or M-1 student visa could be affected. Simultaneous with your criminal case, you may also face disciplinary proceedings at your school and license suspension hearings at the RMV. Attorney Joun has helped students protect their future by preserving their clean criminal record, easing school penalties and restoring their driving privileges.

Representative schools in which Attorney Joun has represented students in include:

Berkley College of Music,
Boston University,
Boston College,
Brandeis University,
Emmanuel College,
Harvard University,
Massachusetts Institute of Technology (M.I.T.),
Northeastern University,
Simmons College,
Suffolk University,
Tufts University,
UMass-Boston,
UMass-Amherst,
Wellesley College,
Wheelock College.

Police Misconduct

Massachusetts Police Misconduct Attorney

As a Boston criminal defense lawyer, Attorney Joun has handled many cases involving police misconduct such as:

False arrests;
Falsified or manufactured evidence;
Coerced confessions;
Malicious prosecutions;
Illegal strip searches;
Illegal searches and seizures of homes, cars and persons;
Use of excessive and unreasonable force;
Police brutality;
Retaliation for the exercise of First Amendment rights; and
Other acts of police and government misconduct.

As a Massachusetts civil rights lawyer, Attorney Joun has brought civil lawsuits in the Federal District Courts and State Superior Courts on behalf of victims of police abuse. Many criminal defense lawyers refer their clients to Attorney Joun. Representative cases that Attorney Joun has worked on include:

Nuon v. City of Lowell,___ F.Supp.2d___, 2011 WL 781532 (D.Mass. 2011) (Granting summary judgment on liability for plaintiff on his §1983 Fourth Amendment claim of false arrest, Massachusetts Civil Rights Act and state tort of false imprisonment).
Limone v. United States,___ F.Supp.2d___ (D.Mass. 2007) (Bench verdict of more than $101 million); 336 F. Supp. 2d 18 (D.Mass. 2004) (Denying federal government’s motion to dismiss case for claims that the FBI framed four innocent men for a murder they did not commit which resulted in their wrongful convictions).
Howes v. Chesley, 20 Mass.L.Rptr. 350 (Suffolk Superior Ct. 2005) (Denying summary judgment for defendants who conducted suspicionless strip search of arrestee).
Nilsen v. York County, 382 F.Supp.2d 206 (D.Me. 2005) and 400 F.Supp.2d 265 (D.Me. 2005) (Approving $3.3 million settlement for a class of approximately 3,600 people who were unlawfully strip searched); 400 F.Supp.2d 266 (D.Me. 2005) (Awarding attorneys’ fees).
Shedlock v. Department of Correction, 442 Mass. 844 (2004) (Reversing award of summary judgment to defendants on plaintiff’s claim that defendants failed to provide reasonable accommodation for his disability in violation of the Americans with Disabilities Act, the Rehabilitation Act and Article 114 of the Massachusetts Constitution).
Miller v. City of Boston, 297 F.Supp.2d 361 (D.Mass. 2003) (Denying defendants’ motion to dismiss case brought by a man who served more than 10 years in prison for a rape he did not commit.) The case settled for more than $3 million.
Norris v. Murphy, 2003 WL 21488640 (D.Mass. 2003) (Granting motion in limine to preclude testimony at trial of the defense expert for failure to comply with Rule 26(a)(2)(B)); 287 F.Supp.2d 111 (D. Mass. 2003) (Awarding attorney’s fees after a nominal damages verdict in a false arrest in retaliation of First Amendment case).
Ford v. Suffolk County, 154 F. Supp. 2d 131 (D.Mass. 2001) (Granting summary judgment on declaratory relief and liability for women who were strip searched while being held pre-arraignment at a jail); Mack v. Suffolk County, 191 F.R.D. 16 (D.Mass. 2000) (Certifying a class under F.R.Civ.P. 23(b)(2) and (3) for women who were strip searched at the Suffolk County jail based on a blanket strip search policy). The case settled for $10 million with the City of Boston and Suffolk County paying $5 million each.

Criminal defense lawyers frequently consult with Attorney Joun regarding issues that arise at the intersection of an open criminal case with a potential police misconduct civil rights lawsuit such as:

Whether and when a citizen’s complaint should be filed to initiate an internal investigation by a police department;
How to obtain an arresting officer’s history of violence to effectively build a self-defense claim in cases where a client has been charged with assault and battery on a police officer and resisting arrest;
How to document evidence in a criminal case that could be used in a later civil lawsuit;
Whether a criminal defendant should agree to a waiver of civil suit in exchange for a criminal disposition.

Employee Rights

Massachusetts Employee Rights Lawyer

Attorney Joun has represented individuals as well as class of people in the following types of employment cases:

Wage and hour claims, overtime violations;
Discrimination on the basis of age, sex, race, national origin and/or disability;
Sexual harassment; and
Wrongful termination.

Representative cases that Attorney Joun has worked on include:

Lin et al v. Chinatown Restaurant Corp. et al,,___ F.Supp.2d___, 2011 WL 1059530 (D.Mass. 2011) (In an issue of first impression, federal court judge holds that courts have no discretion but to award damages for unpaid wages to undocumented alien employees under the Fair Labors Standards Act regardless of any conflicts with the Immigration Reform and Control Act).
A wage and hour case on behalf of eight drivers against a travel agency and bus companies in Suffolk Superior Court, bringing claims of unpaid wages, overtime violations and illegal deductions from tips.
Poore v. Town of Harwich, 2006 WL 1388759 (MCAD) (Affirming award plus statutory interest of 12% and awarding attorneys’ fees); 2004 WL 2997699, 26 MDLR 270, MCAD Docket No. 98-BEM-1091 (Nov. 12, 2004) (Awarding $100,000 for emotional damages to a female high school coach for sex discrimination).