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You have been charged with a crime. What should you do?
The first thing that you should do when you have been charged with a crime is to consult with an attorney. An arrest or indictment can be the most frightening and traumatic experience of your life. The decisions that you make may affect your freedom, your family, and your financial well-being. Our team of experienced Massachusetts criminal attorneys can properly protect your rights, advise you, and assist you during this difficult time.

As criminal defense attorneys, the lawyers at Martin Hochberg & Cianflone, PLLP are dedicated to providing effective and experienced representation in criminal law matters to clients throughout Western Massachusetts. We successfully represent clients accused of both misdemeanors and felonies.

Preparation, strategy, and communication are the hallmarks of a successful defense in every case. The team at Martin Hochberg & Cianflone, PLLP will take a hands-on approach to your case, and work with you through each and every step.

Attorneys at Martin Hochberg & Cianflone, PLLP pride themselves on their aggressive and zealous defense of individuals accused of crimes. Through the use of discovery motions, motions to suppress evidence, identification procedures and statements, motions to dismiss, and trial, they have successfully resolved hundreds of cases for their clients.

Operating Under the Influence
The attorneys at Martin Hochberg & Cianflone, PLLP are dedicated to providing high quality legal representation throughout the course of OUI, DUI, and DWI criminal proceedings. If you have been accused of any crime or other violation of the law in Berkshire County or nearby towns, our office is poised to assist you with your unique legal needs. The lawyers of Martin Hochberg & Cianflone, PLLP are experienced specialists in providing aggressive representation in all of the following Operating Under the Influence (OUI/DUI) cases:
  • Operating Under the Influence of Liquor
  • Operating Under the Influence of Liquor, Subsequent Offenses
  • Operating Under the Influence of Drugs
  • Child Endangerment while Operating Under the Influence

In Massachusetts, in order to be convicted of operating under the influence of alcohol or drugs, the prosecution must prove 3 elements beyond a reasonable doubt: (1) you operated a motor vehicle, (2) on a public way, (3) while under the influence of alcohol or drugs.

This charge is often known as "drunk driving" or Driving Under the Influence, but in Massachusetts the criminal statute uses the term Operating Under the Influence. In order to be convicted of an OUI, the prosecution needs to convince a jury that you consumed enough alcohol or drugs that your ability to operate a motor vehicle was safely impaired. There are
many ways to present a defense to this charge against the Commonwealth’s case, which generally consists of police officer field observations.

OUI cases give rise to many legal issues. The first step in any OUI case is to thoroughly analyze all police reports to determine that your rights were not violated. If we determine that the police violated the Constitution by stopping you or demanding that you exit your car, we will file motions to exclude any evidence obtained from the violation. In many cases, this exclusion can mean that your case is dismissed prior to trial.

It is common for people charged with OUI to attempt to resolve their case as quickly and painlessly as possible, rather than taking it to trial or pursuing motions to suppress or dismiss. While we can certainly help make that process as easy as possible, the worst thing you can do is plead guilty without first being fully advised of all of your options. There are usually better options than a guilty plea, especially in the case of a first offense. We can minimize the time in which your license will be suspended by the Registry of Motor Vehicles.

Attorney Josh Hochberg is the only practicing attorney in Berkshire County that has been approved by the Massachusetts public defender agency, the Committee for Public Counsel Services, to receive appointments for the most complex and fact intensive criminal cases in the Commonwealth, Murder in the First Degree. These cases involve hundreds of witnesses, including many expert witnesses, as well as difficult legal hurdles and theories. Attorney Hochberg has the experience you need when facing the most severe consequences.

Other Criminal Cases
Martin Hochberg & Cianflone, PLLP attorneys have represented defendants charged with all types of crimes, including:
● Driver Offenses
  • Operating Under the Influence (OUI/DUI)
  • Serious Bodily Injury caused by Operating Under the Influence
  • Vehicular Homicide
  • Manslaughter while Operating a Motor vehicle
  • Leave the Scene
  • Child Endangerment while Operating Under the Influence

● Drug Offenses
  • Possession of Controlled Substance
  • Possession with Intent to Distribute/Distribution
  • School/Park Zone Violation
  • Trafficking

●  Assaultive Crime
  • Assault and Battery (A&B) Related Offenses
  • Assault and Battery with a Dangerous Weapon
  • Kidnapping
  • Robbery
  • Rape and Statutory Rape

●  Firearm and Weapon Crimes
  • Carrying a Dangerous Weapon
  • Armed Career Criminal
  • Illegal Possession of a Firearm

●  Larceny and Crimes Against Property
  • Larceny Crimes
  • Breaking and Entering
  • Destruction of Property
  • Arson

Attorneys at Martin Hochberg & Cianflone, PLLP are qualified to handle every stage of the criminal process:
  • Criminal Trials
  • Criminal Motion Hearings
  • Plea Bargains
  • Violations of Probation
  • Restraining Orders
  • Harassment Orders
  • Show Cause Hearings
  • Removal of a Warrant
  • Sealing of a Criminal Record
  • Traffic Tickets


Contact us today to learn more about how Martin Hochberg & Cianflone, PLLP can serve your legal needs.