2018 Final Case Results

Below is a list of cases we have resolved favorably for our clients since January 1, 2018.

Chelsea District Court, December 20, 2018

CHARGES: Assault w/ a gun, threats to commit a crime.

RESULT: Both charges dismissed.

Quincy District Court, December 18, 2018

CHARGES: Carrying a firearm without a license, Possession of Burglarious Tools, Possession of a Firearm without an FID Card, Possession of a Class B Drug, Possession with Intent to Distribution Class E Drug. Our client was facing a mandatory minimum of 18 months in jail in this case up until the day of trial.

RESULT: We were able to have all charges dismissed outright, except for the Possession of Class B, a misdemeanor. The client received a continuance without a finding and six months of unsupervised probation, after which time that charge will also be dismissed.

Quincy District Court, December 14, 2018

CASE: Client hired us after he received an application for a 209A (restraining) order made by his girlfriend.

RESULT: At our first court appearance, the court dismissed the application. No order was issued.

Dudley District Court, December 13, 2018

CHARGE: Operating with a Suspended License, Operating with a Suspended Registration.

RESULT: Both charges were dismissed prior to arraignment; we were able to take the matter out of the criminal system altogether before formal charges were issued.

Waltham District Court, December 12, 2018
CHARGE: Improper Storage of a Large Capacity Firearm Accessible to Minors (felony). Our client, a valid LTC holder, left his loaded firearm unattended on top of his truck, parked in his driveway at his Waltham home, prior to leaving to Cape Cod for the weekend. Numerous concerned neighbors called the police as the firearm was visible to anyone walking by.
RESULT: We were able to have this charge amended to simple misdemeanor improper storage of a firearm. Then, at plea and sentencing, the government requested that the court impose a Guilty finding, which would have certainly effected our client’s employment as a financial advisor. We were able to convince the court to Continue the matter Without a Finding for one year, impose administrative probation (will never have to report to probation), and by staying out of trouble during that one year period the case will end in a dismissal rather than a conviction.

Westborough District Court, December 3, 2018
CHARGE: Assault and Battery. Our client was accused by his girlfriend of punching her in the face. No photographs were taken, but police did arrest our client.
RESULT: After several court appearances, we were eventually able to have the case dismissed.

Peabody District Court, November 15, 2018
CHARGES: Assault and Battery on a Household Member, Assault and Battery with a Dangerous Weapon (felony). Our client was accused by his ex- girlfriend of physically abusing and kicking her in her apartment. She reported the incident the day after she alleges that it occurred. However, our client maintained his innocence, and we in fact had video of the alleged victim hallucinating on drugs and rolling around on the ground, which we believe is how she maintained the bruises on her arms. The alleged victim did go to the hospital and was treated for the effects of hallucinogenic drugs on the day of the alleged attack, prior to the day she reported the “attack” to police. On the day that this case went to trial, we informed the court that the alleged victim had a fifth amendment privilege against self- incrimination, as she had taken hallucinogenic drugs while acting as the sole caretaker of her six year old child on the day of the incident, thus giving rise to potentially incriminating herself ( reckless endangerment of a child ) if she testified. She then elected not to testify against our client.
RESULT: Case dismissed.

Quincy District Court, November 8, 2018
CHARGE: Uttering a false check. Our client, a mother of two with a very sick child, borrowed $9,000 from the complaining witness. An arrangement was made where the complaining witness would be paid back four times that amount over time in exchange for a prompt loan. Upon attempting to cash the first loan repayment check, the complaining witness was notified by the bank that there were insufficient funds in our client’s account. Our client then failed to answer any of the complaining witness’s calls. The complaining witness then took out a criminal complaint against our client.
RESULT: On the day of trial, we filed a Notice of Witness’s Fifth Amendment Privilege. Our notice identified to the court that if the witness testified, he would end up incriminating himself under the criminal usury statute, also known as “loan sharking” which is a felony punishable by up to ten years in state prison. We asked that one of the attorneys-of-the-day explain this fifth amendment issue to the witness, which the court did. After the attorney explained the issue, the witness pled the fifth, and the government was then no longer able to prosecute our client. Case dismissed.

Quincy District Court, November 8, 2018
CHARGE: Assault with a Dangerous Weapon (Knife). Our client met another man on a dating app. They arranged to meet, and did meet, and our client’s house. The men removed their clothes and began having a romantic encounter. A disagreement ensued, after which our client was alleged to have taken out a knife and pointed it at the other man. Police received a similar call from another person alleging that our client had committed a similar act with a knife earlier that evening.
RESULT: After more than a year of fighting this charge, it eventually ended in an outright dismissal.

Dorchester Di strict Court, November 6, 2018
CHARGE: Assault and Battery on a Family Household Member . Our client’s wife, with whom he is now separated, contacted law enforcement alleging that our client struck her in the face. She alleged that this was part of a long pattern of abuse. The Boston Police Department applied for a criminal complaint against our client.
RESULT: After a clerk magistrate’s hearing, no complaint issued against our client.

Chelsea District Court, October 24, 2018
CHARGE: Operating Under the Influence of Alcohol . Our client was pulled over after running a stop sign and almost hitting a Chelsea Police cruiser. The officer then interacted with our client and found her to be uncooperative, unable to follow directions, and smell of an alcoholic beverage. Our client then allegedly became argumentative, exited her car, and began to walk away from the officer, unsteady on her feet. She was placed under arrest.
RESULT: This case was dismissed outright.

Waltham District Court, October 16, 2018
APPLICATION FOR AN ABUSE PREVENTION ORDER: Our client’s ex- girlfriend applied for a 209A order (restraining order/ abuse prevention order) against him. She provided evidence of ongoing harassment, through emails and texts, despite her and the police telling him to stop all contact with her.
RESULT: After a hearing, we convinced the court that the plaintiff (ex- girlfriend) did not have a reasonable fear for her safety, and the application for an abuse prevention order was denied.

Quincy District Court, October 15, 2018
APPLICATION FOR CRIMINAL COMPLAINT: The Cohasset Police Department applied for a criminal complaint against our client for Larceny over $1200 . While going through a brutal divorce, her husband reported her for writing herself over $20,000 in checks from his bank account, on which she was not named. We were able to provide evidence that this was part of an ongoing arrangement and NOT to defraud her husband.
RESULT: No criminal complaint issued against our client.

Lowell District Court, October 11, 2018
CHARGE : Leaving the scene of property damage . Our client was charged with this offense after he caused significant damage to a building with his 18- wheeler, and fled the scene. He was a truck- driver from Canada and this case caused him to have to return to the United States to face prosecution.
RESULT : We were able to resolve this case with pretrial probation, which means that our client did not have to admit any wrongdoing and the case will be dismissed without any finding against him in six months. The only condition will be that he complete an online safe driving course, as his insurance company paid for the damage.

Chelsea District Court, September 26, 2018
APPLICATION FOR CRIMINAL COMPLAINT: The Chelsea Police applied for a criminal complaint against our client on the charges of assault and battery and malicious destruction of property, for allegedly spitting on her neighbor and kicking his car.
RESULT: After a clerk magistrate’s hearing, no complaint issued against our client.

Cambridge District Court, September 24, 2018
APPLICATION FOR CRIMINAL COMPLAINT: The Cambridge Police applied for a criminal complaint against our client under the new “upskirting” law . A young woman chased our client outside of the liquor store where she alleges he followed her, kneeled next to her in an aisle, and she felt his phone touch her leg. She jumped and saw that his camera function was open. Cambridge police reviewed surveillance footage showing our client following the young woman down an aisle.
RESULT: After a clerk magistrate’s hearing, no complaint issued against our client.

Brookline District Court, September 13, 2018
CHARGE: Breaking and Entering with intent to commit a misdemeanor . A Brookline resident discovered our client, unknown to her, sleeping in her bedroom, almost fully- nude. He had broken a window to gain access to her ground- level apartment.
RESULT: After several court appearances, we were able to resolve this case with six months of pretrial probation . So long as our client pays for the damaged window and writes a letter of apology, the case will be dismissed without any admission or adverse finding against him.

Dedham District Court, September 11, 2018
APPLICATION FOR CRIMINAL COMPLAINT: The police applied for a criminal complaint against our client for the charge of operating without a valid driver’s license and the civil infraction of marked lanes violation.
RESULT: After a clerk magistrate’s hearing, no criminal complaint was issued against our client, and he was found not responsible for the civil infraction.

Quincy District Court, August 29, 2018
APPLICATION FOR CRIMINAL COMPLAINT: The Quincy Police Department applied for a criminal complaint against our client for assault and battery . Our client is the manager of a local Burger King, and a customer alleged that our client grabbed her during the course of an altercation.
RESULT: No criminal complaint issued against our client.

Boston Municipal Court, Central Division, August 22, 2018
CHARGES: Assault and Battery with a Dangerous Weapon (felony), 2 counts. Our client was arrested after an altercation outside of a Chinese restaurant. The restaurant owners alleged that our client and his friends left the restaurant without paying, and when confronted about this in the parking lot our client struck two employees over the head with a glass bottle. After our own investigation, we were ready for trial with witnesses and other evidence suggesting that in fact the employees were the instigators of the violent altercation.
RESULT: Both charges dismissed.

Chelsea District Court, August 16, 2018
CHARGES: Destruction of Property over $250 (felony, 3 counts): Our client was charged with maliciously damaging several cars in the presence of police officers.
RESULT: All charges dismissed.

Concord District Court, August 8, 2018
APPLICATION FOR CRIMINAL COMPLAINT: Lexington Police Department applied for a criminal complaint against our client for operating with a suspended license, as well as a civil infraction for speeding. Our client had no previous record, so it was very important for him that no complaint issued, otherwise he would have an entry on his CORIforever, even if the charge was later dismissed.
RESULT: After a hearing, no criminal complaint issued. He was also found Not Responsible on the speeding citation, which would have otherwise increased his motor vehicle insurance.

Peabody District Court, August 7, 2018
APPLICATION FOR CRIMINAL COMPLAINT: The Peabody Police Department sought a criminal complaint against our client for Possession of a Class B Substance, Crack Cocaine. She and a male were observed in what police believed to be a drug transaction, and then drove away. Police followed our client’s car and observed the male to lean down and start to light a pipe. Our client was pulled over, and police immediately observed a cocaine “twist” in the center console. Our client was asked to exit her car, was patted down, and police discovered several empty “twists” in her pocked, as well as a piece of crack cocaine in her glove compartment. At the time of this incident, our client already had a pending felony case for larceny from a building, breaking and entering with intent to commit a felony, and malicious destruction of property in another Massachusetts court.
RESULT: After a lengthy clerk magistrate’s hearing, no criminal complaint was issued in this case against our client.

Cambridge District Court, August 3, 2018
APPLICATION FOR CRIMINAL COMPLAINT: Our client’s half-sister filed a detailed affidavit with the court with information about our client stalking her, her employer, and her family. Our client was alleged to have made significant contact and text messages including death threats. An application was filed for criminal harassment, and the matter was set up for a clerk magistrate’s hearing.
RESULT: After a hearing, no complaint was issued against our client.

Westborough District Court, August 1, 2018
MOTION TO VACATE PRIOR GUILTY PLEA: Our client retained our services after ICE picked him up, detained him in jail, and set him up for deportation proceedings resulting from a guilty plea to Assault and Battery which he tendered in 2001. Our client had been living in the United States since 1996, and this was the only charge he had ever faced. We performed a lengthy investigation and eventually filed a motion to vacate his prior guilty plea on the ground that he was denied effective assistance of counsel and the court failed to warn him that tendering a plea could result in immigration consequences.
RESULT: Motion allowed. Client is free and no longer in deportation proceedings.

Quincy District Court, July 31, 2018
CHARGES: Possession of a Counterfeit Note (felony), Uttering a Counterfeit Note (felony), Larceny over $1200 (felony). Our client was charged with being involved in a scandal involving counterfeit money.
RESULT: All charges dismissed.

Quincy District Court, July 26, 2018
CHARGES: Forgery of a Document (felony), Forgery of an RMV license (felony), Uttering False Documents (felony). Our client, a Dominican national, was charged in a ten count complaint relating to impersonating a Puerto Rican (U.S. citizen) in order to obtain a false driver’s license.
RESULT: All ten charges dismissed upon the payment of a total of $600 in court costs.

Worcester Superior Court, July 25, 2018
CHARGES: Armed Robbery while masked (felony), Assault with a firearm (felony). Our client had already been convicted, served a period of incarceration, and then placed on probation for these charges. While on probation, he committed three violations; he tested positive for narcotics twice and failed to provide any contact information or new address to his probation officer. He was arrested on a warrant and held without bail, at which point Attorney Urbelis filed his appearance to represent our client through the probation violation proceedings.
RESULT: At a contentious final probation surrender hearing, the probation department was seeking a state prison sentence of five years to five years and one day, which would mean that our client would not be eligible for parole before serving the five year state prison sentence. Attorney Urbelis was able to convince the judge to impose a sentence that will now allow our client to become parole eligible in three months.

Ipswich District Court, July 20, 2018
CHARGES: Malicious Destruction of Property over $250 (felony), Assault . Our client was charged after a road rage incident where she allegedly got out of her own car, ran up to the other car, began pulling at the door handle and punching the window yelling for the other driver to fight her, and then broke the side mirror off of that car.
RESULT: So long as our client attends an anger management class and pays for the cost of the broken mirror, the case will be dismissed without any finding or admission of fault by our client.

Dedham District Court , July 18, 2018
APPLICATION FOR CRIMINAL COMPLAINT: The police received calls from several citizens complaining about our client’s conduct in a public parking lot. Our client was intentionally screeching his tires and spinning his vehicle 360 degrees. Police investigated and found marks all over the parking lot consistent with our client having done “doughnuts.” They tracked down our client, who initially denied such activity, but then later admitted that he was doing doughnuts in the public parking lot in front of several bystanders. The police applied for a criminal complaint against our client for negligent operation of a motor vehicle .
RESULT: After a full hearing, the clerk magistrate agreed with our position that the alleged conduct did not fit the statutory elements for negligent operation of a motor vehicle. No criminal complaint issued against our client.