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 clients 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 beheld 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 OnCash Bail.

 

Date:           June 9, 2016

Charge(s):   Violation of a Restraining Order

Court:         New BedfordDistrict Court

Event:         Warrant

I accompanied my client to New Bed ford 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 <14 (5cts), Dissemination of Pornography

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 dateI 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:         WorcesterSuperior 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 BrookfieldDistrict 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 involveda 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