2015 Cases Sep-Dec


October 30, 2015
Dudley District Court
Clerk’s Hearing
Criminal Harassment, Malicious Destruction of Property.
My client was alleged to have broken and ornamental lawn statute on his neighbor’s property. As a result, the neighbor filed a complaint with the Charlton police department and a clerk magistrate hearing was scheduled. The video presented by the alleged victim was of horrible quality and I had an expert review the images contained therein. The clerk, after seeing my presentation, found there was no probable cause to issue either complaint.
RESULT: Dismissed.

October 29, 2015
Dudley District Court
Jury-Waived Trial
Operating Under The Influence Of Drugs.
The State Trooper observed my client operating what he testified to be erratically. He then pulled my client over and made observations that include a strong odor of marijuana coming from his breath, bloodshot eyes, glassy eyes and slurred speech. The Trooper had my client exit his vehicle and perform field sobriety tests that were failed. Because the Trooper was not qualified as a drug recognition expert (DRE) and could not tie in his performance on field sobriety tests like he could if this was a stop based on alcohol impairment, the judge found my client not guilty.
RESULT: Not Guilty.

October 29, 2015
Dudley District Court
Possession with Intent to Distribute Class D. Possession of Drug Paraphernalia
.
A Massachusetts State Trooper stopped my client for not shutting off his high beams. When the officer approached my clients vehicle, my client made no indications of any type of impairment yet based on the odor of marijuana he had my client exit the vehicle. The exit order resulted in a search of his person and car, which led to his arrest on the aforementioned charges. This case benefited from a recent Supreme Court decision that held that the odor of marijuana does not give police the right to stop a motor vehicle or, as I argued in my case, order the exit of an operator of a motor vehicle. The judge allowed motion to suppress and the case was dismissed.
RESULT: Motion To Suppress Allowed. Dismissed.

October 29, 2015
Dudley District Court

Indecent Assault And Battery.

My client was charged based on an allegation that, without consent, he touched the breast of a female patron in a bar. There was videotape evidence that supported these allegations. The prosecutor and victim wanted my client to register as a sex offender with a conviction for the above charge. I was able to argue the court to continue this case without finding and without having to register as a sex offender.
RESULT: CWOF 1 year to be dismissed.

October 28, 2015
Concord District Court
Motion to Suppress
Operating Under The Influence.
A State Trooper arrested my client following a motor vehicle accident which he came upon. He observed that there were indications of the presence of alcohol. Because of her injuries, my client walked to the local hospital where she ended up having blood drawn without her consent. They had filed a motion to suppress the stop as well as the introduction of the blood evidence.  The Trooper ended up being injured and missed prior motion dates. Finally on the third day the prosecutor still tried to continue the motion for the future hearing but I argued that given he had absented to prior motions to continue that the case was in the position to be dismissed. The judge agreed and dismissed the case.
RESULT: Dismissed.

October 27, 2015
Newbury Port District Court
Jury Trial

Operating Under The Influence Of Alcohol.
My client was arrested following a stop in which a police officer testified that he observed what he thought was a broken tail light. Once he made the stop, he made typical observations of alcohol impairment regarding the odor of alcohol, bloodshot, glassy eyes and slurred speech. He did testify however that my clients passed the one leg stand test and did fairly well on the nine step walk test. The jury deliberated for approximately 45 minutes before rendering a not guilty finding.
RESULT: Not Guilty.

October 26, 2015
Dudley District Court
Jury-Waived Trial
Operating Under The Influence Of Alcohol.
My client was involved in serious motor vehicle accident resulting in her arrest. Two civilian motorists came to her aid and helped her out of her vehicle before the police arrived. They testified quite opposite of what the police officer testified regarding her levels of impairment.  I cross-examined those involved who admitted they smelled no alcohol, had no difficulty understanding her speech, and did not seem to be under the influence of anything. The judge found my client not guilty.
RESULT: Not Guilty.


October 23, 2015
Worcester District Court

Armed Robbery, Larceny, Assault And Battery with a Dangerous Weapon.
An investigation revealed that my client was involved in the theft of a laptop computer of a local college student. Police uncovered evidence leading to my client’s arrest as well as a codefendant. Through numerous negotiations with the prosecutor and trying to get the result that kept my client from being indicted, I was able to obtain a result in which my client was placed on probation in the armed robbery charge was dismissed.
RESULT: Probation 1 Year.  Armed Robbery Dismissed.

October 23, 2015
Worcester District Court

Operating Under the Influence of Alcohol, Operating To Endanger, Possession of a Class C Substance.
An Auburn Police Officer stopped my client after observing erratic operation. The client stopped and was arrested following the failure of field sobriety tests. Because of my clients position in the company it was imperative that she not be convicted of the drug case or the OUI.  A special prosecutor was appointed because of conflict with the prosecutor’s office and I was able to get the prosecutor to agree to dismiss the operating to endanger, the drug charge, as well as allowing her to be found not responsible on two civil motor vehicle infractions. Her case was continued without a finding for a period of one year and she ended up getting a hardship license within 3 to 5 days.
RESULT: CWOF 1 Year.October 22, 2015
Worcester District Court
Assault And Battery, Assault And Battery With A Dangerous Weapon.My client was involved in a bar fight which resulted in a patron being injured by glass bottle. The evidence against the client was strong and it was important to attempt and get the felony charge dismissed. I was able to get the prosecutor to agree to dismiss the felony charge in lieu of continuing the case without a finding for a year.
RESULT: CWOF 1 Year.

October 22, 2015
Worcester District Court
Breaking And Entering Intent To Commit A Felony, Criminal Harassment, Threatening And Assault
.
I utilized the Massachusetts valor act that provides for favorable dispositions for members of our armed forces that may be diagnosed with PTSD. I scheduled and set up appointments through the Veterans Administration for my client and provided a report to the prosecutor. In addition, I helped clarify the facts as were reported in the police report as well as getting a Statement from the alleged victim in this case to help my clients’ position. The prosecutor agreed to continue the case without any plea or finding.
RESULT: Continued Without A Plea For Finding Forth Six Months.

October 21, 2015
Worcester Juvenile Court
Clerk’s Hearing

Minor In Possession Of Alcohol, Trespassing.
My client was arrested following a report that there was a large party at a local cemetery.  Police responded and arrested approximately 10 individuals. I contacted the head of the juvenile division and suggested an appropriate outcome might be for this case to be diverted so that my client ends up with a clean record. He agreed as long as my client were to perform 50 hours of community service as well as do the teen ride along program.
RESULT: Case Diverted. No Arraignment.

October 20, 2015
Worcester District Court
Jury Trial
Operating Under The Influence, Operating To Endanger.
My client was seen leaving a local my club by a State Trooper. The Trooper made various observations of my clients’ operation that led to his arrest on the above charge.  The Trooper failed to appear at two prior court dates and the court allowed the prosecutor’s motions to continue.  On the third trial date I received a call from the prosecutor the evening prior informing me that the Trooper was in training. I told the DA that I would not agree to the continuance and asked the court dismissed the case in the morning. The court agreed with my position and dismissed the case.
RESULT: Dismissed.

October 8, 2015
Dudley District Court
Violation of Probation
.
My client had been in default for approximately 12 years and as a result, a warrant had been issued.  I turned my client in approximately 3 weeks earlier and the judge released him even though the probation department was asking my client to be held in jail. When we returned on the above date the probation department was asking for six months committed and I was asking reentry into the second offender program which required a two-week inpatient alcohol hospital stay. The judge agreed with my position and placed him back on probation.
RESULT: Client Placed back on Probation.

October 6, 2015
Westboro District Court

Domestic Assault and Battery, Assault and Battery with A Dangerous Weapon.
My client was arrested following an altercation with her boyfriend. She had a significant prior record there were some injuries that accompanied the facts of this case. We were able to convey that the likelihood of the prosecutor dismissing the case was slight so we might have to push the case to trial.  The prosecutor had difficulty in communicating with the alleged victim and based upon that lack of communication when the alleged victim failed to show on the trial date, the judge dismissed the case.
RESULT: Dismissed.October 6, 2015
Westboro District Court
Judge Appeal
92 Miles an Hour On the Mass Pike.
My client was stopped for the above speed and cited. I had her complete an eight hour registry of motor vehicle safety course and presented that information along with other personal information that was going on at the time to the judge.  The judge found my client not responsible.
RESULT: Not responsible.October 2, 2015
Dudley District Court
Violation Of Probation
After being placed on probation for approximately one month, my client violated his probation by testing positive for marijuana. My client was initially charged on the initial case of trafficking in heroin but was able to negotiate the charge down to straight possession of heroin. Our initial fear was that the judge would look at the significant break my client received by placing him on probation and take it out on him during the violation hearing. My client had a medical marijuana card and the judge in the above case took these cases on a case-by-case basis involving medical marijuana. The judge did not find him in violation and re-probated him to the original end date.
RESULT: Client Re-probated.
October 1, 2015
Worcester District Court
Clerk-Magistrate Hearing
Violation of A Junior Operator Permit, Unsafe Lane Change.My client had been operating a car for only three months when she was stopped for the above offenses, and since she is only 17 years old, being found responsible of the above charges would have significant negative effect on her license. I was able to get the clerk magistrate to find her not responsible.
RESULT: Not Responsible.

September 30, 2015
Worcester District Court
Motion To Suppress Hearing

Operating Under The Influence Of Alcohol.
My client was stopped by a Massachusetts State Trooper for a license plate light being out. My client realized this issue when he left the court the next morning prior to my representation. He took photographs within six minutes all of his vehicle being released from the tow yard. During the hearing, the Trooper testified he believed my client right light was out. He went on to testify about some far-fetched other reason why he felt it was appropriate to pull my client’s vehicle.  I argued that the reason for the stop was that he was watching the client leave a gentlemen’s club and pulled my client over on the pretext that it was his plate light that was out.  The judge agreed with my argument writing that she felt strained to credit any of the Troopers’ testimony.
RESULT: To Suppress Allowed. Dismissed.September 29, 2015
Milford District Court
Violation of A Restraining Order.My client had his bail revoked since this was the second violation he was charged with on the same restraining order. I was able to get the prosecutor to agree to a 60-day sentence which was about the same time that he had spent in jail already. Typically these cases resolved with the batterers program which is a significant condition of probation. He did not have to do that program when he was released.
RESULT: Time Served.

September 28, 2015
Taunton District Court

Violation Of Probation
My client violated his terms of his probation when he left a drug rehabilitation program and after-care early. I provided documentation that the only reason he left early was his mass health insurance had expired and could no longer afford the specific program he was in.  The court allowed my client to be re-probated in continuing his probation to his original date
RESULT: Re-Probated.September 24, 2015
Worcester District Court
Operating After Suspension, Subsequent OffenseMy client had a history of the above type charges but I was still confident that if he could get his license back prior to his pretrial hearing I would be able to get the prosecutor to dismiss the charge upon a small amount of court costs. I was able to get the DA to agree in the matter was dismissed.
RESULT: Dismissed

September 23, 2015
Dudley District Court

Petition To Seal Cori Record
My client was placed on pretrial probation for lewd and lascivious conduct. The petition he filed with the court highlighted significance of his work history, lack of prior criminal history, the requirements of the security clearances to visit his son in the military, as well as the medical and health history.
RESULT: Petition Allowed.

September 21, 2015
Dudley District Court
Larceny Over $250, Larceny By Single Scheme
My client had been in default for over three years on a case involving the theft of close to $80,000 from his grandmother.   I was able to take care of the warrant, and required my client to get treatment for his opiate addition. We were able to resolve this matter without having to pay any restitution.
RESULT: Probation One Year.September 21, 2015
Dudley District Court

Operating Under The Influence Of Alcohol
This was the continuation of the Valor Act disposition which was allowed by the court 6 months earlier.  We provided proof that he completed his counseling through the Veterans Administration as is required under the statute  The court dismiss the case.
RESULT: Case Dismissed.