Jay
Markell
Senior Attorney
Director, Criminal Practice Group
Jay Markell is a Senior Attorney with FAMILYLEGAL. With a focus in the areas of criminal law and family law, Attorney Markell began his long career initially as a solo practitioner, assisting clients in New Hampshire and Massachusetts with a variety of legal matters. However, believing in the core fundamentals that comprise FAMILYLEGAL, Attorney Markell was one of the first Attorneys to become affiliated with the Firm upon its conception and he has been instrumental in the Firm’s development and reputation as an industry leader.
CRIMINAL LAW
As a tireless champion of the rights of the accused, Attorney Markell understands how intimidating a criminal charge can be.
STATE LAW
Attorney Markell honed his criminal defense skills with the outstanding trial training gained from his years as a member of the Essex County Bar Advocates Program, successfully defending a wide variety of criminal charges from misdemeanors to felonies.
A criminal conviction can affect one’s reputation, one’s job, and standing in the community. Some types of criminal convictions have collateral consequences so severe that the collateral consequences of a criminal conviction can outweigh the actual criminal penalties themselves. For example, consider that a conviction for operating under the influence of alcohol (OUI/DWI), can even affect one’s ability to visit certain countries or even result in removal from the United States if you are not an American citizen.
Consider the following. You come out of a restaurant one night, and your girlfriend points out some scratches on the passenger side of your car. It was dark, and you didn’t see them earlier. You speak little English, have lived in the USA for many years, you conduct has been above reproach, you hold a steady job, but you are not an American citizen. You have no criminal record. Your girlfriend used your car earlier in the day, didn’t tell you, and she also didn’t tell you that she hit another car and drove off in another state. The other driver got the license plate. You go to the local police station with her, you make out an accident report, and the police find out that your car was reported as being in a hit and run earlier in a different state. The local police arrest you for filing a false report; a crime of moral turpitude, because it involves dishonesty. Your girlfriend turns on you and denies ever using the car. The crime itself carries little or no jail time, but since it involves dishonesty, you can be removed from the United States and never allowed back in. This was an actual case. However, Attorney Markell’s aggressive defense brought the truth out, and the criminal case against the client was dismissed with prejudice.
In today’s world, you should not drink and drive. But imagine that one night after work, you are out having a couple of drinks with some co-workers. You feel ok. You are driving home, and then it happens. You look in your rear view mirror and you see the flashing lights of a police cruiser. At first you say to yourself, it can’t be me they want. That police car must be after someone else. Then, as you pull over to let the cruiser go by, you realize that it is you they want. After some questions from a police officer, a very brief examination at the roadside, and you suddenly find yourself under arrest, in handcuffs, and in the back seat of a police cruiser
At the station, the police ask you to take a chemical (breath) test. Should you take it? What happens if you do? Should you refuse? What happens if you don’t? Do you have other options? Breath test machines of the type used in Massachusetts and New Hampshire can, and do make mistakes; under certain circumstances, they can give false readings that can change the course of your life. If you are arrested, your first call should be to Attorney Markell.
FEDERAL CRIMINAL LAW
As a member of the Criminal Justice Panels of the United States District Court in New Hampshire and the Criminal Justice Panel of the United States Court of Appeals for the First Circuit (which encompasses Maine, Massachusetts, New Hampshire, and Rhode Island), Attorney Markell has dealt with serious federal crimes including drug offenses, money laundering, conspiracy, obscenity, internet crimes, bank robbery, and others.
As Attorney Markell explains, “very few things in life are more stressful than receiving a “target letter” from the United States Department of Justice. A target letter, simply put, means that the federal government is considering having you indicted for a crime and would like to talk with you. The criminal penalties under federal laws are often very severe, and can result in lengthy periods of incarceration.
One of our clients received just such a letter. The allegations were ugly. Criminal sexual abuse; it could have ruined the client’s life forever, not to mention the lengthy prison sentence, and collateral consequences, such as being forced to register as a sex offender that would have gone with it. However, with some well thought out strategies, I was able to help this client successfully resolve this matter and entirely avoid a criminal proceeding.”
FAMILY LAW AND CIVIL LITIGATION
Family Law requires a different set of skills and experience, and frequently some types of issues surface in family law. One of the more unfortunate and all too present issues is domestic violence. Domestic violence breaks up families, scars children, and has far reaching affects that can ripple through families for years.
Coupled with many years of non lawyer experience, Attorney Markell brings a world of experience to the family law practice area. He explains, “Clients are more than just papers filed with a court, and more than just faces. Clients must know that there is hope in light of their current situation and that their Attorney understands their needs and will effectively work to appropriately resolve their outstanding issues.”
Your choice of an attorney is a very personal decision when it involves virtually any legal matter. For an effective attorney-client relationship, there must be a good attorney client “fit.” This means the attorney should understand the client’s needs, with real world experience and exposure to real world and life issues. This is a great aid to the client’s case. It also greatly aids in the successful resolution of the case.
Before devoting his attention to law full time, Attorney Markell started and ran a successful division of a consumer packaged goods division of a well known paper company. Attorney Markell’s successful business career included service in various senior positions, including Vice President of Sales of a toy and stationery company where superior negotiating skills help deliver results. It is this kind of real world experience that helps bring real solutions to real problems, and delivers successful results for the client.
Areas of Practice:
Criminal Law and Criminal Appeals
Family Law
Civil Litigation
Bar Admissions:
Massachusetts Bar Association
Massachusetts Federal Bar Association
New Hampshire Bar Association
New Hampshire Federal Bar Association
Education:
Attorney Markell earned his B.A. from the State University of New York in Plattsburgh, New York. And, he earned his Law Degree from the Massachusetts School of Law in Andover, Massachusetts. Attorney Markell is a member of the Criminal Justice Panel and the United States Court of Appeal, First Circuit. He is also a member of the United States District Court in New Hampshire as well as a former member of the Essex County Bar Advocates, Inc., in Essex County, Massachusetts. Fluent in Spanish, Attorney Markell is co-editor of the Employment Severance Answer Book, 1999 Supplement, and the Employment Severance Answer Book, 2000 Supplement, Panel Publishers, div. Aspen Publishing.