2016 Cases April – June


Date: June 30, 2016
Charge(s): Operating to Endanger
Court: Dudley District Court
Event: Plea Hearing
My client was involved in a serious motor vehicle accident where the car he struck ended up rolling over and causing significant injuries. As a result, prosecutor recommended to the judge that my client convicted and placed on probation for one year. This would entail a 60-day license loss. I spoke to the victim’s family lawyer and had been informed that my client’s insurance policy paid the entire amount of the policy. The prosecutors client wished to put the case behind them. That as well as my client’s lack of criminal history and work history enabled me to get the judge to continue the case without a finding. The case would be dismissed in six months and my client would not lose his license.
RESULT: Continued Without a Finding for 6 Months to be Dismissed.

Date: June 23, 2016
Charge(s): Larceny >$250, Identity Fraud, Fraud in Obtaining, Electric, Telephone & Gas.
Court: Dudley District Court
Event: Plea Hearing
My client had been charged with a significant amount of complaints alleging that he had taken the identity of a family member and had obtained numerous utilities in the name of the stolen identity. Two of the charges were felonies so it was important to come up with a resolution to this that did not involve a conviction for us because he had a significant criminal record. I was able to obtain probation, which was to be administrative on just the misdemeanors.
RESULT: One Year Probation.

Date: June 21, 2016
Charge(s): Assault & Battery With A Dangerous Weapon, Assault And Battery On A Household Member
Court: Worcester District Court
Event: Plea Haring
My client had been arrested following an investigation into the stabbing of her boyfriend. My client has given a full audio and video statement which was not believed by the police and made winning the case in front of a jury ultimately very difficult. I quickly formulated a counseling plan that was formulated by DCF. She was not the only one who gave an inconsistent statement as her boyfriend also lied throughout his involvement with the police. Because this case involved a stabbing which was a felony there was a lot of risk in taking this case to trial. I was ultimately able to get the prosecutor to dismiss the case for a plea of two years of probation on the misdemeanor assault and battery.
RESULT: Two Years Probation. Felony Dismissed.

Date: June 20, 2016
Charge(s): Assault & Battery
Court: Worcester District Court
Event: Clerk-Magistrate Hearing
When my client came to see me I gave him, based on the situation, assurance that we would most likely be able to resolve the matter at a clerk magistrate hearing level. The benefit being that my client had no criminal history. The event that caused the complaint to be sought against my client involved the other party coming on to my client’s business property because of some faulty repair work. Both parties were heated and the police were called. Prior to the hearing, I reached out to the other party and was able to get their agreement, even though he had been struck in the shoulder, to not proceed with the hearing. In addition, I also obtained the approval of the liaison officer for the Worcester Police Department as long as both parties did not object.
RESULT: Complaints Not Issued.

Date: June 10, 2016
Charge(s): Operating After Suspension For OUI.
Court: Concord District Court
Event: Plea Hearing
In January, my client was placed on probation for operating under the influence of alcohol. With his plea he had her license was suspended for 45 days. Seven days into the suspension, she was stopped while operating the vehicle. This charge carries a minimum mandatory 60-day jail sentence. When she hired me, I instructed her to go beyond the alcohol program by increasing her AA attendance as well as seeking out individual help. I got a letter from her employer highlighting to the prosecutor that she was a junior at Framingham State College. We were able to resolve the matter without any jail.
RESULT: One Year Probation.

Date: June 9, 2016
Charge(s): Assault & Battery (Household Member)
Court: Worcester District Court
Event: Warrant/Bail Hearing
A warrant was issued for the arrest of my client for domestic assault and battery. In addition, my client had probation out of New Bedford District Court for violating the provisions of a restraining order. The prosecutor in Worcester requested $2,000 cash bail on the day he turned himself in. I asked the judge to set bail at $1,000 cash and allow him to appear in New Bedford the next morning. The judge informed me that he would set bail in the amount I had asked however, I needed to appear personally with him in New Bedford that afternoon. I immediately went to New Bedford with the probation officer who asked that the client to be held pending a full violation hearing. I requested the court not detain him for a variety of reasons and the judge agreed with my position.
RESULT: Client Released On Cash Bail.

Date: June 9, 2016
Charge(s): Violation of a Restraining Order
Court: New Bedford District Court
Event: Warrant
I accompanied my client to New Bedford District Court because of a violation of a restraining order. When we arrived at the courthouse I located this probation officer and was informed that they would be asking that my client to be detained pending a full hearing. When we finally got in front of the judge, I focused on what I believe were many inconsistencies in the new allegation that was just addressed in the Worcester District Court. I highlighted that my client’s employment history is education and the fact that the case that he was on probation for in Bedford was not one of violence but contact through a text message. The judge released my clients to appear later in July.
RESULT: Client Was Released.

Date: June 9, 2016
Charge(s): Extension of a Restraining Order
Court: Worcester District Court
Event: Restraining Order hearing
Following the initial 30-day order, I was able to uncover evidence that showed my client was placed under arrest after the plaintiff/wife exaggerated the events when she described the incident that occurred to police officers. In addition, I was able to uncover her prior arrest and submitted that report to the court. My client’s wife was questioned in a prior conversation she had with a friend’s wife and I believe that was what swayed the judge to not issue an extension of the restraining order
RESULT: Restraining Order vacated.

Date: June 7, 2016
Charge(s): Indecent Assault and Battery
Court: Uxbridge District Court
Event: Warrant/ Bail Hearing
I accompanied my client to the Uxbridge District when he became aware of a warrant that was lodged for the above charges. Before I turned him in went over the detailed educational, social. and family history. The prosecutor asked that the court set bail for $50,000. I asked that the client’s bail be set at $7,500 but the judge ultimately setting bail at $25,000. The client’s grandmother posted the bail and he was released.
RESULT: Client Was Released.

Date: June 7, 2016
Charge(s): Assault & Battery (Household Member)
Court: Uxbridge District Court
Event: Pre-Trial Hearing

My client was arrested on the above charge following an evening that her husband became drunk and belligerent. It was evident that he was the one who was more aggressive and physically abusive. My client called 911 first and for whatever reason my client was placed under arrest. Just prior to the next hearing date I met with both parties and reviewed our strategy to have the husband exercise his marital privilege. That means prosecutor cannot force testimony from the husband if he wishes not to go forward. That is exactly what happened and the prosecutor moved dismissed the case when the husband decided not to pursue the charges.
RESULT: Charges Dismissed.

Date: June 3, 2016
Charge(s): Leaving the Scene of an Accident
Court: Leominster District Court
Event: Arraignment
In March, my client was involved in a minor motor vehicle accident involving damage to the mailbox of a property owner. Rather than leave personal information, she left the scene, however, unknown to her at the time someone had taken her license plate number down and reported it to the police. Since she missed the 4-day window after receiving a citation in the mail to request a clerk magistrate hearing, the court summonsed her to court for an arraignment. I was able to contact the property owner, arrange for restitution to be paid, and then suggested to the prosecutor the case be dismissed prior to arraignment thereby keeping her record clean. The prosecutor agreed and the matter was dismissed.
RESULT: Dismissed Prior to Arraignment.

Date: June 3, 2016
Charge(s): Criminal Harassment
Court: Worcester District Court
Event: Clerk Magistrate Hearing
Following repeated harassment by a former girlfriend, my client asked the police to get involved. The clerk magistrate hearing was set up and although I typically represent defendants at these hearings, this was strong enough for my client who was the victim to have counsel present. The complaint was issued against his former girlfriend and she was summonsed into court for an arraignment.
RESULT: The Complaint Issued

Date: May 12, 2016
Charge(s): Possession of a Loaded Firearm
Court: Worcester Superior Court
Event: Motion to Seal CORI Record
I ultimately obtained a no cross, which is essentially a determination by the prosecution that they will not proceed with the indictment. However, this serious charge still shows on my client’s record should a prospective employer choose to have her record opened for employment purposes. Prior to petitioning the court to seal her record I obtained the agreement of the prosecutor that he would not object to sealing the record thereby making the likelihood success close to 100%.
RESULT: Clients Record Sealed.

Date: May 11, 2016
Charge(s): Speeding
Court: Framingham District Court
Event: Clerk-Magistrate Hearing
My client was stopped on the Massachusetts Turnpike for traveling in excess of 85 mph in a 65 mph zone. There is no magic that happens at these hearings, however being a bit proactive by having my client take a defensive driver training class is a huge help. This shows the clerk that your client takes the speeding offense seriously and makes resolving the case a more likely outcome. In addition, a complete background of my client’s family and work history were presented.
RESULT: Client Was Found Not Responsible.

Date: May 9, 2016
Charge(s): Reading under the Influence, Operating to Endanger
Court: East Brookfield District Court
Event: Jury-Waived Trial
My client was involved in a one-car motor vehicle accident resulting in minor injuries. When the police arrived, they began their investigation that resulted in my client’s arrest for the above charges. Once back at the police station my client elected take a breath test with a reading of .15. Since I was able to get this test suppressed the case became much stronger since it was no longer going to be allowed into evidence. We therefore opted for a bench trial and the Commonwealth failed to prove beyond a reasonable doubt the proof needed for both charges.
RESULT: Client Found Not Guilty of Both Charges.

Date: May 5, 2016
Charge(s): Threatening To Commit A Crime
Court: Dudley District Court
Event: Plea Hearing
This case involved a client who essentially had one bad day in his life. He was upset at a state agency that sent people to remove trees from his property. Although the people were on his property legally, this action sent my client to the point where he threatened a person as well as left a message on the agencies phone service. The victim in this case was very adamant about prosecuting so it was imperative that I reach out to the prosecutor in an attempt to fashion a resolution that saves the clients record and ends in a dismissal. I was able to accomplish this with my client entering into a non-conviction with a short period of probation.
RESULT: Client’s Case Was Continued Without A Finding.

Date: May 5, 2016
Charge(s): Assault And Battery On A Household Or Family Member
Court: Dudley District Court
Event: Dismissal
Following a night of drinking by both my client and his wife ended up getting arrested. My client was arrested for allegedly striking the wife on the shoulder. Police were at the scene relatively quickly and placed my client under arrest. When my client contacted my office I had both he and his wife in court appointments as quickly as possible. I informed them that, given my analysis of the case, we would be able to exercise his wife’s marital privilege on the next court date which resulted in the matter being dismissed.
RESULT: Case Dismissed

Date: May 4, 2016
Charge(s): Assault And Battery On A Household Or Family Member
Court: Worcester District Court
Event: Dismissal
My client contacted me the evening prior to arraignment for both her and her daughter. I informed her that I could represent her but because I would have a conflict with her daughter, I could not file an appearance. I suggested that the daughter represent herself for the time being because once I told the prosecutor my client’s partners request to exercise for marital privilege. since I believed the daughter’s case would have also been discussed. I met with the prosecutor prior to the court date that was set following the arraignment and highlighted the fact that my client had no record and had only been in this country for a period of one year. In addition, the daughter appeared to have tried to separate the parties and she became involved.
RESULT: Client’s Case As Well As Her Daughter’s Case Was Dismissed.

Date: May 4, 2016
Charge(s): Operating To Endanger
Court: Worcester/Westborough District Court
Event: Plea Hearing
My client was operating his vehicle when he became involved in a situation which he believed he was the victim of road rage. I reviewed the report and noticed that the other operator was an off-duty Massachusetts state trooper. Complicating matters was the fact that my client had two prior offenses of operating to endanger in which he was placed on probation. Although those cases were over 10 years ago they still would play a role in how the prosecutor looked at this case as well as what a judge would potentially do if he was found guilty. The prosecutor in Westborough wanted an admission, however, I did not want my client to admit to the charge and transfer the case to the Worcester District Court where the jury session was. Because we pushed the case to trial, I was able to secure a resolution that did not revolve an admission. My client was placed on pretrial probation for six months, which ultimately will result in the dismissal of this case.
RESULT: Client’s Case Continued Without An Admission To Be Dismissed In Six Months.

Date: May 3, 2016
Charge(s): Restraining Order Renewal
Court: East Brookfield District Court
Event: Plea Hearing
In this hearing, I actually represented a victim who was afraid that an out of control next-door neighbor would hire a lawyer to get the restraining order vacated. Typically, I represent defendants who are seeking get a restraining order vacated.
RESULT: Client(Victim’s) Restraining Order Successful Continued For One Year.

Date: May 2, 2016
Charge(s): Operating Under the Influence, (2nd) Operating to Endanger
Court: Worcester District Court
Event: Jury Waived Trial
My client got arrested after a witness observed her back into an ambulance that was parked at a gas station in Worcester. The witness followed my client approximately one third of a mile where she parked the vehicle in a parking lot. The police became involved after the witness returned to the gas station and spoke to the ambulance driver resulting in their dispatch responding to that lot. Upon arrival troopers investigated and interrogated my client required her to do field sobriety tests and answering written questions. The problem being, on the day of trial the only witness that could put my client behind the vehicle decided she had better things to do that day. The case was originally scheduled for a jury trial but since the only witness did not show up I opted for a jury-waived trial and my client was found not guilty of both counts.
RESULT: Not Guilty Of Both Counts.

Date: April 28, 2016
Charge(s): Operating Under the Influence, (1st) Operating to Endanger
Court: Framingham District Court
Event: Jury Waived Trial
At approximately 2 AM my client was attempting to get back on route 495 and in doing so made it illegal U-turn. A police officer observed this action and proceeded to pull my client over on an on-ramp. The whole event was captured on the police officer’s cruiser video but I believed that footage significantly help my client’s case. The field sobriety tests, as well as my client’s manner of speech, was clearly observed from the video. What struck me as unusual was that after the field sobriety tests, there was a 10-minute delay in the officer returning to question my client. I asked the trooper on cross-examination if he had some doubts in terms of his sobriety. No police officer has ever answered that in the affirmative on the stand. This officer looked at them and said, “well I went back and questioned him did I not?” Implicit in his question was that I was correct.
RESULT: Not Guilty Of Both Counts.

Date: April 25, 2016
Charge(s): Operating Under the Influence, (3rd) Operating to Endanger
Court: Attleboro District Court
Event: Jury Trial
Soon after leaving a restaurant around 1 AM, a local police officer began following my client. He followed him for approximately 1 mile and pulled him over just before my client’s residence. The typical OUI stop was conducted and before long, my client was placed under arrest. The police officer was not very forthcoming and I figured that testimony regarding the length of time my client had been followed. He made it appear that my client was pulled over almost immediately following his departure from the restaurant. However, I had introduced photographs as well as a Google map showing the numerous stop signs and turns my client had to make before he was pulled over. My gut feeling was that my client’s operation was fine, however, when the officer ran my clients registry history his two prior OUI’s showed up. The jury never hears about the prior offenses in what was described as a minor weaving within his lane turned into my client driving almost perfect in the 1 mile the officer was behind.
RESULT: Not Guilty Of Both Counts.

Date: April 22, 2016
Charge(s): Operating Under The Influence (Serious Bodily Injury)
Court: Board of Appeals
Event: Hardship License
My client was convicted of the above charges approximately two years ago. He still had a significant time left on his license suspension and asked me to try to get him a hardship license for work. One of the most important things at these hearings is to summarize not only a financial hardship, but also a hardship just getting to and from work. In addition, I highlighted his sober date as well as everything that he had been doing to stay sober throughout the last two years. I presented letters from his employer, which focused on his character as well as his importance of being able to get to, and from work in a timely manner. The board approved my client’s hardship license.
RESULT: Hardship License Granted.

Date: April 22, 2016
Charge(s): Speeding, Left Lane Violations
Court: Worcester District Court
Event: Clerk-Magistrate Hearing
My client was a truck driver from Indiana. He had received these violations while traveling through Worcester. We appealed the citations and, given the fact that he is a truck driver with a CDL license, it was imperative to dismiss at the least the left lane violation. I was able to have both offenses dismissed.
RESULT: Not Responsible Both Counts.

Date: April 12, 2016
Charge(s): Rape
Court: Worcester District Court
Event: Warrant/Arraignment
A warrant was issued for my client soon after a hearing at the local college concluded regarding allegations of sexual misconduct. I immediately stopped what I was doing it appeared at the local courthouse at approximately 3:30 PM with my client. I was able to secure a low cash bail and my client was released to go home to his parents.
RESULT: Client Released.

Date: April 20, 2016
Charge(s): Disorderly Conduct, Minor In Possession Of Alcohol
Court: Worcester District Court
Event: Arraignment
Prior to my client’s arraignment I contacted the head of the diversion program in Worcester to see whether or not I could get his case diverted by doing community service as well as an eight-hour class. He had attended a concert at the Palladium and had become a bit problematic to the staff and the police. The benefit of a diversion would be that my client would not have a CORI record if any future employer or school would look into his background.
RESULT: Case Diverted.

Date: April 20, 2016
Charge(s): Possession Of A Firearm
Court: Worcester Superior Court
Event: Petition to Seal
My client was indicted on the above charge and I was able to obtain a dismissal of that. Even though the case resulted in a dismissal, it would still show up on her CORI record. I petitioned the Superior Court and filed a motion essentially showing that good cause existed in sealing my clients record. My client had a young child and was a single parent so it was imperative when seeking employment, the charge did not appear. The judge allowed my motion
RESULT: Petition Allowed. Case Sealed.

Date: April 8, 2016
Charge(s): Leaving the Scene of Property Damage
Court: Worcester District Court
Event: Motion for a New Trial
My client thought he was entering into a great disposition when he represented himself alone. The prosecutor decriminalized the above charge but he was indeed found responsible. This caused an extremely difficult scenario with the RMV. The only way to undo the responsible finding was to request a new trial and get the prosecutor to dismiss the charge outright. I was able to accomplish this and his registry issues went away.
RESULT: Case Dismissed.

Date: April 7, 2016
Charge(s): Operating Under the Influence (1st)
Court: Worcester District Court
Event: Motion to Dismiss
This case might be the most unusual operating under the influence defense I have had in 10 years. My client was stopped after the officer felt as though his muffler was too loud at approximately 2 AM in an area in Worcester near most of the local bars. After making some observations of my client’s demeanor, manner of speech, and bloodshot eyes, the officer gave my client field sobriety tests that he performed fairly well. Rather than place my client under arrest, the officer decided to tow his vehicle. During the trail it was shown that there was a female at the scene who was argumentative with the police officer and it ultimately resulted my client’s arrest on the above charge. I filed the motion to dismiss because the statement of facts in which the clerk makes a decision to issue the complaint because it failed to show that the officer noted my client was impaired which is a critical element that was missing in this unusual case. The judge agreed and allowed the motion to dismiss.
RESULT: Case Dismissed.

Date: April 6, 2016
Charge(s): Leaving the Scene of Property Damage
Court: East Brookfield District Court
Event: Plea
This client came to see me after a difficult experience for the prior lawyer. The prior lawyer suggested he admitted to the above charge because of the witness that would testify against him at trial. I however noticed some significant inconsistencies and pointed those out the prosecutor. The prosecutor allowed my client’s case to be continued without any penalty for six months without having to make any admission.
RESULT: Case To Be Dismissed Without An Admission.

Date: April 5, 2016
Charge(s): Larceny over $250
Court: Dudley District Court
Event: Plea
My client worked as a home health nurse and made the horrible decision to take some money from one of her patients. The entire event was caught on camera. This case became one of trying to resolve this matter with the least effect on my client’s life as well as her nursing license. I arranged to have her get into counseling and provided the counselors report to the judge. I also reached out to the family’s lawyer and arranged to get them to agree to continue my clients matter without any clear finding for one year. That means she would not have to make an admission that would ultimately save her nursing license.
RESULT: Case To Be Dismissed In One Year Without Any Admission.

Date: April 1, 2016
Charge(s): Operating Under the Influence of Drugs/Immediate Threat
Court: Board of Appeals
Event: Restoration of License
I was able to win the above charge however; the court has no jurisdiction to address the hardship suspension that the trooper had placed on my client’s license. As a result, we had to go to the board of appeals and obtain relief from the RMV decision. The client had a serious head trauma many years ago and had a medical marijuana card issued as a result. The key for the board to feel comfortable in removing the immediate threat was to show to the board that when he is using marijuana in the future he would not operate a motor vehicle. This was the only blemish on my client’s criminal record and the board of appeals removed the immediate threat suspension and gave him his full license back.
RESULT: Full License Restored.

Date: April 1, 2016
Charge(s): Operating Under the Influence (2nd)
Court: Board of Appeals
Event: Hardship License
I was hired by a client to seek a hardship license resulting from a three-year refusal of the breath test suspension from the RMV. At the hearing, I was able to show a significant hardship, provide numerous work letters, as well as financial records detailing how expensive it was for my client to seek public transportation to and from work. Most importantly, my client’s sober date had been highlighted in her outstanding record of sobriety since the last criminal charge.
RESULT: Hardship License Granted.