2016 Cases Jan – Mar

 

Date: Mach 31, 2016
Charge(s): Indecent Assault & Battery $250
Court: Fitchburg District Court
Event: Plea Hearing.
This case should have been an easy resolution at a clerks hearing but prior to my client hiring me he had let a payment lapse on a Larceny > $250 charge and a warrant had subsequently been issued. Once we removed the warrant, I placed a call to the victim and all they really wanted was the money that was due them. My client arranged for the funds to be ready on the court date and the prosecutor dismissed the case based on restitution now having been paid in full.
RESULT: Dismissed.

Date: March 21, 2016
Charge(s): Assault and Battery with a Dangerous Weapon
Court: Worcester District Court
Event: Jury Trial
My client and another trucker got into a verbal confrontation on route 146 in Millbury. Ironically, the same two truckers were delivering goods to a local supermarket. The confrontation escalated with the other party leaving his truck and approached my client’s truck. My client exited his vehicle and a confrontation ensued with my client striking the other trucker in the neck area causing minimal injuries. I believe that the matter showed that my client was acting in self-defense. We transferred the case from Uxbridge District Court to a Worcester jury session and awaited our case to be sent out. In the interim, the trucker who was injured notified the prosecutor he did not intend to proceed and the case was dismissed.
RESULT: Dismissed.

Date: March 18, 2016
Charge(s): Speeding
Court: Dudley District Court
Event: Clerk-Magistrate Haring
My client was cited for traveling 86 mph on the Mass Pike. I had him complete the RMV Safety Serve driving classes and presented the certificate of completion to the clerk. The clerk appreciated that he took the offense serious and was proactive
RESULT: Not Responsible.

Date: March 17, 2016
Charge(s): Assault and Battery with a Dangerous Weapon
Court: Worcester Superior Court
Event: Plea Hearing
This case lasted incredibly almost 5 years. During the course of the case, my client was indicted federally for trafficking in marijuana. This situation complicated my case significantly. My client got into a fight at a local bar and felt threatened enough to use a knife to protect himself. Because he was sentenced to 8 years federally, a significant amount of risk was associated with fighting the case with a jury trial. Originally, the prosecutor recommended a two-year sentence added on and after the sentence my client was serving. That was not acceptable to me. In addition, my client did not want to plea to the felony. I was ultimately able to negotiate a disposition that did not involve any additional jail sentence that my client was already serving.
RESULT: Probation.

Date: March 17, 2016
Charge(s): Identity Fraud, Larceny over $250
Court: Worcester District Court
Event: Plea Hearing
My client was accused of stealing her brother’s identity and applying for a loan through a bank as well as getting utilities in his name. Over the course of the discovery process, I received a variety of documents that made it difficult to win the case at a trial. Therefore, it was imperative to negotiate a non-conviction resolution. I was able to accomplish this and my client’s case will be dismissed in 1 year.
RESULT: Continued Without a Finding for 1 Year.

Date: March 16, 2016
Charge(s): Armed Robbery
Court: Worcester Superior Court
Event: Probation Violation Hearing
My client had been released for the above serious charge and his probation involved a variety of conditions including being drug & alcohol free. He completed probation successfully for the first two years but following a serious accident, he became hooked on opiates. This is not an unusual scenario that I have seen many times over the years. His addiction was so bad that he had to be revived at least 3 times with NARCAN. I was able to get the probation officer to agree to a 6-month sentence even though initially they were asking for a lengthy state prison term.
RESULT: Probation.

Date: March 15, 2016
Charge(s): Assault With a Dangerous Weapon
Court: East Brookfield District Court
Event: Clerk-Magistrate Hearing
No love loss existed between my client and his family and his next door neighbor. A restraining order was issued against my client’s neighbor and this resulted in her alleging my client tried to run her over in his vehicle. The problem with the neighbor’s accusation was that we had video evidence that would show the story was fabricated. We presented what we believed was a retaliatory accusation at the clerk’s hearing and the clerk agreed.
RESULT: Complaint Not Issued.

Date: March 14, 2016
Charge(s): Operating Under the Influence of Liquor (1st)
Court: East Brookfield District Court
Event: Jury Trial
This was going to be a difficult trial because the case involved a breath test of .11. The legal limit in the state is .08. We opted for a jury trial and I cross-examined the officer on my client’s driving which I felt was adequate. In addition, the video of the booking, as well as there being no direct evidence as to what my client’s blood alcohol level was at the time he was operating, was sufficient for the jury to acquit my client.
RESULT: Not Guilty.

Date: March 11, 2016
Charge(s): Operating Under the Influence of Drugs
Court: Dudley District Court
Event: Probation Violation Hearing
My client was on probation for a second offense OUI. As a result, he was exposed to a serious sanction given the fact that he was arrested for a like offense. Given the difficulty of proving the new charge, I was able to negotiate with the probation officer and get him to agree to re-probate my client with an additional term as long as he stayed drug free.
RESULT: Probation Extended.

Date: March 4, 2016
Charge(s): Improper Storage Of A Firearm
Court: Leominster District Court
Event: Plea Hearing
My client had some mental health issues that resulted in an argument with his mother. As a result, he took his firearm, which he was licensed to carry, with him and began walking down the road. His mother called the police because of concern for her son’s health. As my client was walking, a cruiser was nearby and began to close in on my client. Thinking that having a gun would not be good idea, he threw it into the woods. The officer saw this and my client was placed under arrest. I had my client go through extensive counseling and also had him complete a basic firearms course in gun safety. The prosecutor agreed to continue the case without a plea that would allow his case to be dismissed without making any admission.
RESULT: Continued Without a Plea or a Finding.

Date: March 3, 2016
Charge(s): Assault & Battery
Court: Dudley District Court
Event: Motion Hearing
In this case I actually represented two brothers. I typically would have a conflict but this case was a bit unique. There were four total defendants and my thought would be that each one would have a 5th Amendment privilege so the case would result in a dismissal. In theory, this is correct but one of the four defendants had some mental health issues as well as a lengthy criminal history. In addition, his lawyer could not get his client to understand this theory and was quite difficult to deal with. My client had a video and it was clear the other two participants were the aggressors. I had an idea that I ran by the other lawyer and he agreed. He had lost a bit of control over his client and my theory was to have each defendant file motions to dismiss and have the judge toss the case out. The prosecutor certainly did not want to waste his time given 3 of the 4 defendants were in agreement. My theory worked and the court allowed each of the motions to dismiss.
RESULT: Cases Dismissed.

Date: March 3, 2016
Charge(s): Threatening to Commit a Crime
Court: Dudley District Court
Event: Plea Hearing
I believe that my client would agree that the day of his arrest was not his best day. He had been antagonized by a tree service who were legally on his property to cut down some trees. However, my client did not think they had the necessary paperwork to perform this duty. My client then threatened this individual and also called and left a message on the police departments 911 service as well. We didn’t have much of a case to win so I tried to get my client the best alternative possible given the fact that on two occasions the victim showed up and wanted to be heard. I was able to get the court to continue the case without a finding for six months. As a condition of his probation, my client was to have no contact with this individual. Probation was administrative with no other conditions.
RESULT: Continued Without A Finding For 6 Months.

Date: February 29, 2016
Charge(s): Larceny Over $250
Court: Middlesex Superior Court
Event: Plea Hearing
This case should have been handled in District Court with a continuance without a finding. However, my client and the codefendant ended up being indicted. The reason they were indicted was for stealing a lift gate off a 10-year-old Ford F350 and the truck was owned by the district attorney’s office. Because my client and codefendant had an extensive serious criminal history many years ago there was no offer on the table that did not involve jail. The case had some unusual twists and turns with the one being that the original prosecutor being embedded himself during the course of this case. That delayed the case at least one year and after three motions, we scheduled the case for trial. On the eve of trial, I again made an offer to the new prosecutor to place my client on probation for two years. He left to report this back to his supervisor and when he returned in approximately one hour we had an agreement. The codefendant went to trial and received a four to five years in state prison.
RESULT: Probation 2 Years.

Date: February 26, 2016
Charge(s): Assault & Battery(Domestic)
Court: Milford District Court
Event: Pre Trial Hearing
I was able to get the prosecutor to agree to continue this case without a finding as long as my client provided proof that he was going to counseling. Because I was able to obtain this report, the prosecutor did not recommend the batterers program, which is an extremely intensive probation condition. My client’s case in six months would be dismissed without him having to admit any responsibility.
RESULT: Continued Without a Plea or Finding for 6 Months.

Date: February 23, 2016
Charge(s): Assault & Battery on a Police Officer, Disorderly Conduct, Resisting Arrest
Court: Wareham District Court
Event: Motion Hearing
My client actually had to sit through the worst New England Patriots loss of the season and got a little intoxicated. The Patriots lost the game by two touchdowns. Because he was from New Jersey and had a strong military background I was able to negotiate a dismissal upon $300 in court costs. The entire case, including all three charges, was dismissed without any probationary period at all.
RESULT: Cases Dismissed.

Date: February 22, 2016
Charge(s): Solicitation of a Prostitute
Court: Worcester District Court
Event: Pre-Trial Hearing
My client was placed under arrest after he solicited a prostitute during an organized sting. His defense was that he was just looking for directions I do not think that defense would’ve held much water in front of a jury or a judge. However, given his lack of criminal history I was able to negotiate a resolution that did not involve him admitting to anything. The case was continued without a finding for six months. The judge also said once he completed his class that I could advance the case and seek to get his probation terminated. I was able to do that.
RESULT: Cases Dismissed.

Date: February 9, 2016
Charge(s): Dissemination Of Child Pornography, Possession Of Child Pornography, Photographing The Child In The State Of Nudity
Court: Worcester Juvenile Court
Event: Plea Hearing
With the popularity of cell phone social media apps I have seen a rise in the amount of cases that deal with this type of issue. When kids think their tweets and texts are innocent, they can actually end up becoming an extremely serious felony. I was able to negotiate with the prosecutor disposition that not involve any admission. Conditions on these cases would require sex offender registration that did not happen in this case.
RESULT: Continued Without A Plea Or Finding For 1 Year.

Date: February 3, 2016
Charge(s): Disorderly Conduct, Minor in Possession of Alcohol.
Court: Worcester Juvenile Court
Event: Plea Hearing
The client was summonsed into juvenile court the above offenses. I spoke to the prosecutor prior to his arraignment and arranged to get him into a diversion program with a couple of conditions. The benefit of this diversion program is that he would not have a criminal record if prospective schools or employers ever check.
RESULT: Case Diverted with no Arraignment.

Date: February 9, 2016
Charge(s): Indecent Assault and Battery > 14
Court: Westboro District Court
Event: Petition to Seal
It took two hearings to finally get my client’s case sealed. At the first hearing, the court was incorrect in how it understood or interpreted new laws on sealing records as it applied to continuances without findings. The court initially believed my client could not seal because it was on the record for 10 years but I showed him the appropriate statute and memo that went to all the District Court judges that they were incorrect. Once I was able to clear that hurdle, the judge reluctantly sealed my client’s record.
RESULT: Petition To Seal Allowed.

Date: February 1, 2016
Charge(s): Discharging a Firearm within 500 Feet of a Dwelling, Assault With a Deadly Weapon (Domestic)
Court: Worcester District Court
Event: Plea Hearing
My client had come home late one night and had gotten into a bit of an argument with his wife. My client went upstairs to his bedroom located his firearm and proceeded to shoot three or four bullets into a corner of the wall. Police responded when after one of my client’s children made a 911 call. They arrested my client and attempted to hold them without bail which I was successfully able to avoid. I was able to negotiate the dismissal of a felony and my client admitting to the discharge of his weapon. He was placed on administrative probation the matter would be dismissed in six months.
RESULT: Case Dismissed.

Date: January 28, 2015
Charge(s): Operating Under the Influence of Alcohol, Operating to Endanger
Court: Leominster District Court
Event: Jury Trial
My client had fallen asleep at the wheel while traveling on a local highway. He ended up spinning out and ended up in the median strip of a three lane divided highway outside of Worcester. When the state trooper showed up to the scene of the accident, my client was unconscious. It took almost 4 minutes for the trooper to awake my client. When my client awoke, he was transported to the barracks for the above arrest. The client told me that he had performed field sobriety tests at the barracks and that there was no mention of that in the police report. I asked him again prior to trial if he was certain and he said he was. In fact, he told me that when he was asked to recite the alphabet, the trooper asked him to start at the letter D. When the prosecutor finished his direct examination of the trooper in which he testified that there were no field sobriety test given, I had my opportunity to question. I asked the trooper if he did anything unusual when he gave the alphabet tests. To my surprise, he said yes in that he always starts with the letter D. I believe the jury did not believe the trooper, and even though the facts were certainly clear that my client was impaired, the jury acquitted him the more serious of the two charges.
RESULT: OUI- Not Guilty, Operating To Endanger: Guilty.

Date: January 27, 2015
Charge(s): Assault & Battery on a House Member (Domestic)
Court: Marlboro District Court
Event: Jury Trial
My client was arrested for domestic assault and battery when his girlfriend contacted 911 following an argument they had. My client adamantly maintained that if anyone should have been charged it was his girlfriend. He insisted that she came at him and pushed him onto the couch. My client maintained he never forced his hands on her other than to get her away. Because the prosecutor would not dismiss the case we were forced to bring the case to a jury. The evidence was presented by the prosecutor was strong but because it lacked the victim testimony, it was going to be almost impossible to prove my client guilty. In most courts in Worcester County, this case would have been dismissed. Because this was Middlesex County, they apparently have no dismissal policy.
RESULT: Not Guilty.

Date: January 27, 2015
Charge(s): Operating to Endanger
Court: Worcester District Court
Event: Pre-trial Hearing
My client got into a one-car accident while making a turn on an off ramp during a rainstorm. Almost 100% of leaving the scene cases turn into OUI’s since they don’t stick around and wait for the officer and hence this is suspicious. Knowing this was an uphill battle, I had my client complete a defensive driver retraining class and presented the certificate to the prosecutor. My client worked full time and had no prior record and in addition, since his license was vital to his occupation I was able to convince the prosecutor the importance of the license when I highlighted these facts and he dismissed the case.
RESULT: Case Dismissed.

Date: January 25, 2015
Charge(s): Warrant (Larceny > $250)
Court: Clinton District Court
Event: Warrant Removal
My client failed to pay $2,000 by a certain date from a prior court determination and warrants issued in two courts. Because of the failure to pay, a warrant for his arrest issued. He hired me to take care of the warrant and work out a result that would not involve a conviction since the underlying charge was a felony. I was able to turn him into the court, remove the warrant, and schedule a date where the case would ultimately be dismissed upon payment of restitution.
RESULT: Warrant Removed & Case Dismissed.

Date: January 25, 2015
Charge(s): Warrant (Larceny > $250)
Court: Fitchburg District Court
Event: Warrant Removal
This is the second court which a warrant issued from the above case. Because of the failure to pay, a warrant for his arrest was issued. He hired me to take care of the warrant and work out a result that would not involve a conviction since the underlying charge was a felony. I was able to turn him into the court, remove the warrant, and schedule a date where the case would ultimately be dismissed upon payment of restitution.
RESULT: Warrant Removed & Case Dismissed.

Date: January 13, 2016
Charge(s): Left Lane Violation, Speeding
Court: Worcester District Court
Event: Clerk-Magistrate Hearing
My client was cited for the above charges and appealed the citation to a clerk magistrate hearing. Because my client is a truck driver and has a CDL license, it was imperative that at a minimum we get rid of the left lane violation since that type of violation for a truck driver is actually one of the worst. I had my client, who was a resident of Chicago, finish a driver retraining class and provide me a copy of his driving history as well as his detailed information for his truck showing that it has a governor of 65 mph on it.
RESULT: Not Responsible.

Date: January 12, 2016
Charge(s): Speeding
Court: Worcester District Court
Event: Judge Appeal
My client had been cited for the above charges and appealed the citation to a clerk magistrate hearing. Because we lost the at the clerk’s level we decided to appeal to a judge. I argued that the speed he was traveling was reasonable and proper given the type of roadway, traffic pattern, and the time of the day.
RESULT: Not Responsible.