Legal Question in Criminal Law in Massachusetts

Re: Odell motion

It should be clear to you that your approach fails in some respects. The correct approach, assuming that the court will even act, is to submit a motion to vacate or dismiss the indictment. There is case law on the role of the indictment in the criminal process. And even if you succeed, there is nothing the stops the Commonwealth from seeking a subsequent indictment, assuming the statute of limitation has not lapsed.

You should have a lawyer in this process. A false or misleading statement as a basis for dismissal is, unfortunatelytely, something that requires case law research, and the guiding help of an attorney. If you have an attorney, you should or must seek their input. If your attorney has given you an opinion about your motion, I would like you to share it, so that I can get a better handle. If you do not have an attorney, you should get one. Superior court criminal matters are very serious. Walking through the process as you may be alone is simply like doing surgery without the training.

You can certainly contact me, and I will offer you an initial free consultation. But the very nature of your question raises concern for what you are doing. Please contact me in my office either by email, or preferably by phone at 978.749.3606. before you do anything that may expose your strategy and hurt you in the long run.