2015 Cases Jan – Apr

 

February 27, 2015
Westborough District Court
Operating After Suspension
My client called me one day prior to his pretrial hearing. He then hired me immediately by giving me a credit card number and then I proceeded to fax my appearance and request to continue his case to the clerk’s office and obtained a continuance for two weeks. I had him obtain his out-of-court documents showing his license in Pennsylvania was in the process of being reinstated. Provided that information to the prosecutor and she proceeded to dismiss the case in court costs.
RESULT: Dismissed.

February 27, 2015
Westboro District Court
Operating An Unregistered/Uninsured Vehicle.
My client was operating a friend’s vehicle which unknown to her was unregistered and uninsured. The client was then given a citation in his arraignment was ultimately scheduled. I obtained all of his friends’ registration and insurance documents and realized that citation was given in error. I then provided the prosecutor information and she proceeded to dismiss his matter prior to arraignment so there would not be any entry in his criminal history.
RESULT: Dismissed.

February 26, 2015
Dudley District Court
Operating Under The Influence Of Alcohol.
My client was summonsed into court following an accident which the police investigated. When the police arrived they observed the client to heaven out of alcohol on his breath, bloodshot and glassy eyes and some unsteadiness. Based on the officer’s observations as well as under other indications of impairment was given a citation on OUI.  Because my client was an Army combat veteran, he qualified under the valor act. This act was signed into law enabling servicemen both past and present to obtain favorable results in criminal cases when a multitude of factors are present. I was able to get the prosecutor’s office to agree to dismiss this case in six months as long as my client follows acceptable course of treatment.

RESULT: Dismissed.
February 25, 2015
Worcester District Court
Operating Under The Influence Of Alcohol (2nd Offense)
My client was arrested following a stop at the Westborough Police Department. He failed all of his field sobriety tests as well as exhibited many occasions of impairment. Once at the police station you registered a .14 on the breathalyzer test. We attempted to get a breathalyzer test suppressed but were unsuccessful. I was unable to negotiate the disposition that involved amending the second defense to a first offense. That saved two years on his license loss as well as one year of probation. His license loss ended up only being 45 days he would be eligible for hardship in only five days.
RESULT: Continued Without A Finding To Be Dismissed.

February 24, 2015
Palmer District Court
Assault And Battery on a Police Officer, Disorderly Conduct, Disturbing the Peace.
My client was arrested following a stop of her friends’ motor vehicle. She had attempted to walk home which was a great distance but she was prohibited from doing so by the officer who determined her to be under the influence. The above charges were based on a struggle she had with the officer she was subsequently placed under arrest.  I suggested that she and her friend complete an alcohol counseling program which she proceeded to do immediately.  Based on that action, the prosecutor converted the assault and battery on a police officer to a civil offense and dismissed the other two charges. The result was that she walked out of court with the case completed.
RESULT: Dismissed.

February 24, 2015
Palmer District Court
Domestic Assault And Battery, Violation of Probation.
My client was arrested following a 911 call that was placed to his residence. As a result of the subsequent police investigation a client was placed under arrest and the above charges were brought. He had been on probation for a similar offense and was facing a violation of probation and was exposed to serving 2 1/2 years in jail. I was able to negotiate the prosecutor to continue his criminal case 90 days without making plea and was also able to get the probation department to withdraw particular reasons that will was violation of probation. The subsequent result in 90 days become a client’s case will be dismissed and he will be discharged from court supervision as long as he remains alcohol free for that timeframe. RESULT: Dismissed in 90 Days.

February 23, 2015
Worcester Juvenile District Court
Dissemination of Pornographic Material, Possession of Pornographic Material.
My client was at a house party when he videotaped with his iPhone to people having intercourse. You can download that image snapshot. The individuals became aware through the dissemination of that video and the police got involved. It was then summonsed to court the above charges. The client has been accepted into the Air Force as well as work security positions an intern at a local fire department. I highlighted seller academic career in high school and was able to get the prosecutor to dismiss the more serious felony of dissemination. In addition because he was due to ship out to boot camp in July I was able to get the prosecutor continued his case for only four months.
RESULT: Continued Without A Finding For Four Months.

February 13, 2015
Worcester District Court
Warrant, Larceny Over $250
My client hired me to remove a warrant that had issued for larceny over $250.  I called the prosecutors office and informed them that I would be bringing my client into court to address the warrant.  The prosecutor to agree to release him on his own promise to appear (personal recognizance) and a pretrial hearing was set in about a month’s time.
RESULT: Released.

February 12, 2015
Worcester Superior Court
Bail Review Hearing
My client had been in custody prior to my first meeting with his family. His initial bail was $50,000, which made it impossible for him to get released. I told his family I would do everything in my power to get the bill reduced to a figure his family could pay.  I scheduled this bail hearing in Superior Court and was able to get the judge to reduce the bail from the original amount. Within a week, his  family was able to post bail and to get my client out of custody.
RESULT: Released.

February 11, 2015
Worcester District Court
Domestic Assault And Battery
My client was arrested following a domestic disturbance that the police responded to. When I met my clients’ family, facts that were dictated to me were significantly different than what was written in the report. I then told the family that I anticipated filing a cross-complaint against his girlfriend for assault and battery and malicious destruction of property. That would give us some leverage in his criminal case. From the complaint issued against his girlfriend I was approached by his girlfriend’s lawyer and asked whether we would be acceptable to dismissing both matters. The case ended exactly as I had outlined during our first meeting.
RESULT: Dismissed.

February 9, 2015
Westborough District Court
Operating Under The Influence Of Alcohol.
My client was placed on probation following the first offense for OUI. He completed all the requirements during his probation and we asked his probation officer whether or not she would object terminating his probation 90 days early. I was told that she would as long as a balance of his probation fees was paid. I filed a motion to terminate probation early and it was accepted by the judge.
RESULT: Probation Terminated 90 Days Early.

January 28, 2015
Worcester District Court
Failure to Register as a Sex Offender.
My client was arrested following his failure to register for a crime committed approximately 4 years earlier. He registered immediately following his arrest and I was able to use this quick response to his advantage and got the prosecutor to dismiss this case on $100 in court costs.
RESULT: Dismissed on $100 Court Costs.

January 27, 2015
East Brookfield District Court
Larceny Over $200, Receiving Stolen Property.
My client had a significant opiate addiction that had resulted in cases in three different courts throughout Massachusetts. The case in East Brookfield involved him and his friend stealing money and items from his friend’s mother. I was able to negotiate the case being dismissed because his friend had not been arrested. For some reason the police chose not to arrest the victim’s son and I used this fact when negotiating the outcome. The same two defendants had other matters in a different court and my client accepted responsibility for that case.
RESULT: Dismissed.

January 26, 2015
East Brookfield District Court
Domestic Assault And Battery.
My client had altercation with their partner at their marital residence. The case continued on for over one year while I attempted to get as many character references as possible from my client’s friends and professional acquaintances. In two separate occasions the case was scheduled for trial the cause was not reached. On the third trial date after repeated attempts to not subject my client’s child to the rigors of a jury trial especially since the family had made significant inroads in counseling, I attempted to get the prosecutor to dismiss the case.  This time, the prosecutor agreed that a trial would have adverse consequences on the development of my client’s daughter and she elected to dismiss the matter
RESULT: Dismissed.

January 22, 2015
Worcester District Court
Possession of Class B, Operating An Unregistered Uninsured Motor Vehicle.
My client was arrested following information the police received from a confidential informant. As a result of a search of the client’s vehicle a small amount of cocaine was found as well as the police determining that the vehicle was uninsured. Because I filed a motion to suppress based upon illegal search I was able to get the Commonwealth to agree to dismiss the case for a small amount of court costs.
RESULT: Dismissed on $100 Court Costs.

January 14, 2015
Fitchburg District Court
Assault & Battery
My client, as well as a cross complaint defendant, was summonsed into Fitchburg District Court for a clerk magistrate hearing on the above offense.  I spoke to the other individual’s lawyer and we agreed to mutually dismiss the matters at the clerk’s level. The benefit from my client’s perspective was that he was on probation for attempted murder in Superior Court and was facing a lengthy GL sentence if the complaint Fitchburg issued.
RESULT: Dismissed.

January 14, 2015
Dudley District Court
Operating Negligently so as to Endanger
My client was involved in a major motor vehicle accident which resulted from him traveling the wrong way on Route 395. The injuries to the other motorist were minor however my client suffered significant injuries. I was able to resolving case with a continuance without finding for six months which enabled my client to have no further license loss issues
RESULT: Continued Without A Finding For Six Months.

January 13, 2015
Westboro District Court
Possession of Class A. Possession of Class B. Possession of Class E. Possession of Alcohol as a Minor, Possession of an Altered RMV Document.
Police investigated a suspicious vehicle in the parking lot at approximately 2 AM on a Saturday evening. The client was a minor who was inside the vehicle and all the occupants was subsequently searched. The above items and documents were found on my client. The client is a local college student no prior record and I was able to get most of the five charges dismissed immediately. One of the charges was continued without a finding six months to be dismissed as well.
RESULT: 4/5 Charges Dismissed. One Charge Continued Without A Finding For Six Months.

January 12, 2015
Worcester District Court
Operating To Endanger
My client was cited for backing down in off-ramp on route 290 in Worcester.  The trooper indicated in his report that it was the worst driving pattern he had ever seen.   A clerk magistrate issued the complainant and a subsequent arraignment was scheduled. I was able to speak to the lieutenant in the troopers barracks and informed him that my client had completed not one but two driving schools. Based on that, the prosecutor moved to dismiss the case at his arraignment.
RESULT: Dismissed.

January 11, 2015
Dudley District Court
Speeding
My client was cited for traveling 85 miles an hour on the Massachusetts Turnpike. Because my client was out of state I suggested she do an online driver retraining course I told her that I would represent her interest in court without her presence.  The clerk magistrate found my client not responsible.
RESULT: Not Responsible.

January 9, 2015
Clinton District Court
Lewd & Lascivious Conduct, disturbing the peace, opening gross Lewdness.
My client was summonsed into a clerk magistrate hearing for the above charges. I had letters drafted from various friends as well as documents which tended to negate the above charges were just a misunderstanding as to what was taking place inside my client’s vehicle. The allegation was that my client was masturbating inside his vehicle. The location of the observation, we showed, was quite unlikely the witness could see without obstruction what was taking place. There were numerous items in my client’s car and that was corroborated by one of the police officers. With the witness being many feet away the witness may have seen something and interpreted it incorrectly.
RESULT: COMPLAINT DID NOT ISSUE.

January 8, 2015
Worcester District Court
Operating Under the Influence Of Alcohol, Operating To Endanger.
Jury-Waived Trial
My client was arrested following an accident on route to 290 in Worcester. When police arrived it was determined that my client was under the influence of alcohol based on his performance on field sobriety tests as well as the trooper’s observations of my client’s person. I cross-examined the trooper on all of those issues successfully and the court found my client not guilty on both counts.
RESULT: Not Guilty Of Both Counts.

January 8, 2015
Worcester District Court
Petition To Seal
I was able to obtain a dismissal on a case involving some misinformation given regarding my client’s criminal case to the Auburn Police Department. Based on this dismissal I filed a petition to seal my client’s criminal record which was vital since she was a teacher in a public school system. Prosecutor did not object in the court allowed my petition.
RESULT: PETITION SEALED.

January 7, 2015
Dudley District Court
Operating Under the Influence
My client elected a jury waived trial. During the trial I was able to effectively elicit from the police officer who arrested my client given the weather conditions that my client did fairly well on his field sobriety tests. In addition I was able to elicit numerous areas in which the client showed reasonable safe operation of his motor vehicle. The judge agreed with my assessment involving my client and found him not guilty.
RESULT: Not Guilty.

January 6, 2015
Dudley District Court
Criminal Harassment, Violating A Restraining Order.
Jury-Waived Trial
My client and his neighbor had effectively been feuding for over 20 years. The latest incident involved the above charges.  We elected to seek a jury waived trial.  I did not believe the Commonwealth had enough evidence on either offense prove my client guilty. There were various reasons of the cause I believed and I focused on those when cross-examining his next-door neighbor. The judge agreed the Commonwealth failed to prove beyond a reasonable doubt two above charges and found my client not guilty.
RESULT: Not Guilty