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Answer & Explanation: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,
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