2016 Cases July – Sep

Date: July 30, 2016
Charge(s): Operating after Suspension
Court: East Brookfield District Court
Event: Petition to Seal
Following a dismissal of the above charge, my client wanted her record sealed. Even though the case might not be the most serious of charges, it certainly could have been looked upon as an issue with prospective employers when my client graduates from UMass in 3 years. I spoke to the prosecutor prior the hearing and she informed me that she would not object to the petition to seal.
RESULT: Petition Allowed

Date: July 29, 2016
Charge(s): Assault & Battery on a Household Member
Court: Worcester District Court
Event: Jury-Waived Trial
My client had been arrested after coming home from a day spent with her boyfriend. She confronted her niece who was on the phone and speaking extremely loudly. Because my client had just rented out the bottom floor to a new tenant, she was upset. As my client was attempting to quiet her niece, she was attacked. That account however was not what the niece told the police. The niece told the police that my client was the aggressor. I opted for a jury waved trial and cross-examined my client’s niece about her being a trained power lifter and credibility in describing the niece’s background as well as her actions the evening my client was arrested.
RESULT: Not Guilty.

Date: July 28, 2016
Charge(s): Larceny > $250
Court: Worcester District Court
Event: Arraignment.
I was contacted by the mother of my client who lived in New Jersey. She was frantic about the prospect of her son being arraigned on a felony. I researched how the matter got to the arraignment session and found that there was a clerk magistrate hearing that he missed. I immediately reached out to the prosecutor who informed me that this was a roommate issue and that it involved money. The prosecutor recommended that my client’s family come up with $400 in restitution filing accord and satisfaction in the hopes that the prosecutor would dismiss the case prior to arraignment. That is exactly what he did on the date of arraignment.
RESULT: Dismissed Prior to Arraignment.

Date: July 27, 2016
Charge(s): Speeding
Court: Dudley District Court
Event: Clerk-Magistrate Hearing
My client had been cited for the above charge and she appealed the citation to a clerk magistrate hearing. It had been alleged by the state trooper that she was traveling 91 mph on the Massachusetts Turnpike. Given the significance of the speed I required by client to complete the driver training class in her home state of Connecticut. She brought that information to the court in addition to her clean driving history and the clerk magistrate continued this ticket hearing for one year. If she does not get into any civil trouble, the matter will be found not responsible.
RESULT: Not Responsible.

Date: July 25, 2016
Charge(s): Violation of a 209a Restraining Order
Court: New Bedford District Court
Event: Probation Violation Hearing
My client had a warrant issued out of the above court for a new offense that happened in Worcester. The probation department was looking for six months committed and I certainly did not agree to that. At the trial we I had witnesses g as well as a cross-examination of the alleged victim who was the subject of the Worcester District Court case. That case is currently set for trial. Following the hearing, the judge did not find enough evidence of a violation.
RESULT: Probation Terminated. No Violation Found.

Date: July 22, 2016
Charge(s): Indecent Assault & Battery on a person under 14
Court: Dudley District Court
Event: Motion to Dismiss
My client amazingly had been charged with the above crimes even though he is a paraplegic. For whatever reason my client was able to get a complaint issued against him for an indecent touching of a six-year-old. I immediately filed a motion to dismiss and provided a significant amount of medical documentation detailing not only the impossibility of my client understanding the crime but performing it as well.
RESULT: Dismissed.

Date: July 18, 2016
Charge(s): Operating Without Insurance, Registration Revoked
Court: Dudley District Court
Event: Arraignment
My client had been cited for the above charges and appealed the citation to a clerk magistrate hearing. On the date of his hearing, he was 15 minutes late and the clerk magistrate would not allow him the hearing. He contacted me prior to his arraignment and informed me because he owned numerous restaurants in Boston that it was imperative that his record stay clean because of all of the licensing applications. I immediately contacted the prosecutor and gave him proof of insurance and registration and asked him if he would mind dismissing the matter prior to arraignment. That agreement would save his record. He agreed with the matter was dismissed.
RESULT: Dismissed Prior to Arraignment.

Date: July 12, 2016
Charge(s): Harassment Order
Court: Dudley District Court
Event: Hearing to Extend
My client had been served with an emergency restraining order on the Friday prior to the Monday morning hearing. Over the weekend, I made arrangements to meet my client’s sister and his father to review photographs as well as documents that pertain to the hearing. The hearing went forward and both of his neighbors testified. Based on my argument and I believe the lack of my client’s Neighbors meeting the statutory requirements the order was not extended.
RESULT: Restraining Order Vacated.

Date: July 8, 2016
Charge(s): Assault & Battery (Domestic)
Court: Uxbridge District Court
Event: Petition to Seal
My client had been arrested for a domestic assault and battery that resulted in what I believed were charges that were not justified. In her following court date post arraignment, I was able to have the matter dismissed. Because she is a school teacher even a dismissal on her record could have adverse consequences. I petitioned the court based upon her lack of criminal history, her position as a teacher, as well as the weakness in the underlying case, to seal her record.
RESULT: Petition to Seal Allowed.

Date: July 8, 2016
Charge(s): Larceny > $250 and
Court: Uxbridge District Court
Event: Petition to Seal
My client had attempted to seal her criminal history prior to retaining me. The judge denied her request and she asked me to help her out. She is a nursing student with three children and a single mother. It was therefore imperative that she sealed her record so that prospective employers didn’t see the one blemish in her life. I was able to argue successfully to the judge who allowed the petition.
RESULT: Petition to Seal Allowed.

Date: July 8, 2016
Charge(s): Operating Under the Influence (1st)
Court: Uxbridge District Court
Event: Jury-Waived Trial
This was the first time in my career following the direct examination by the prosecutor of the arresting officer that I did not ask any questions. I chose not to cross-examine the officer because the case that was presented to the judge was so weak that nothing I could say could make the case better from a defense point of view. I rested and argued in my closing that the Commonwealth failed miserably to even come close to proving their case given the high standard of beyond reasonable doubt.
RESULT: Not Guilty.

Date: July 7, 2016
Charge(s): Operating Under the Influence (1st)
Court: Worcester District Court
Event: Petition to Seal
My client ended up being placed on probation for the above charge. I petitioned the court to seal his record so that new employers would not be able to locate his criminal history. I prepared an affidavit that showed good cause why my client should have his motion allowed. Prosecutor objected to my motion. However, based on my affidavit the judge allowed his petition to seal.
RESULT: Petition to Seal Allowed.

Date: July 7, 2016
Charge(s): Operating Under the Influence (1st)
Court: Worcester District Court
Event: Petition to Seal
I successfully won a motion to suppress evidence in the above case. Following the petition that was filed with the court I contacted the prosecutor and based upon there being no conviction or admission given, the case was dismissed outright. The prosecutor did not object to my petition in the court and allowed the Petition to Seal.
RESULT: Petition Allowed.

Date: July 5, 2016
Charge(s): Operating Under the Influence (1st)
Court: Worcester District Court
Event: Jury-Waived Trial
My client was involved in a very serious motor vehicle accident in which she hit a parked car. Homeowners came to the scene of the accident and ironically, the car she hit was owned by a Worcester police officer. He checked on the client and made some observations to which he testified to include slurred speech informing the court that my client had admitted to having two drinks earlier. However, that is not what the investigating officer put in his report and when confronted with this conflict I do not believe the initial officer gave a believable response. The booking video was very positive and led to my decision to waive the jury. Not only did the video contradict both the officer’s testimony that my client’s speech was slurred but the video showed a much different person than was testified to at the scene.
RESULT: Not Guilty.

Date: July 5, 2016
Charge(s): Possession Class B
Court: Worcester District Court
Event: Motion for a New Trial
Although the above offense ended in 1999, the conviction has had a long reaching devastation in my client’s life. My client was not represented in 1999 and I utilized this fact in reaching out to the prosecutor. I informed him about the conviction and even though my client was a decorated Army veteran who was trained as a long-range sniper he could not obtain a license to carry for his new position in the security field. I put together a package for the prosecutor that detailed my client’s military experience, awards and medals, as well as an affidavit specifying how this almost 18-year-old case has affected his life. The prosecutor agreed with my assessment that my client had been punished long enough and did not object to my motion for a new trial. Given the fact that there was now no evidence to continue the case the prosecutor moved to dismiss the matter.
RESULT: Motion Allowed. Case Dismissed.

Date: July 1, 2016
Charge(s): Operating Under the Influence (2nd), Reckless Operation
Court: Leominster District Court
Event: Jury-Waived Trial
My client was involved in a very serious motor vehicle accident. When the officers responded, my client was outside his vehicle with a significant injury to his head. He had been taken to the hospital where blood was drawn and the blood alcohol in his system was almost 3 times the legal limit. My theory is to fight every case because you never know if there could be something along the way that will allow you to win the case. You never know who is going to show up and what evidence will be allowed into the preceding. Approximately one month prior to the trial date, I received word that the medical record was summonsed into the clerk’s office. However, for those records to be introduced at a trial there are strict procedures which have to be met including certified mail to the defense attorney. That was not done in this case. I filed a motion in limine to exclude the records which left the accident, owner of alcohol, and admission to drinking earlier in the evening not sufficient for the prosecutor to prove his case beyond a reasonable doubt. The prosecutor was able to prove reckless operation but in the scheme of things, beating the OUI was the most important.
RESULT: Not Guilty.