2016 Case Results Part 1

Boston Municipal Court, Brighton Division, December 20, 2016

CHARGES: Operating Under the Influence of Alcohol, Negligent Operation of a Motor Vehicle, Improper Operation of a Motor Vehicle, Operating with a Suspended License, Marked Lanes Violation. While a state trooper was on the side of a major roadway, he observed out client peel off at a traffic light, screeching his tires and weaving in and out of lanes. After a traffic stop, our client performed some field sobriety tests which were deemed a failure by the state trooper. After the arrest, our client failed the breath test with the result of .084.

RESULT: After discussions relating to the admissibility of the breath test in this particular case, the district attorney’s office agreed to a six month general continuance (no admission or CWOF), and so long as our client does not drink alcohol during those six months, the case will be dismissed. The criminal charges will not appear on his driving record or effect his motor vehicle insurance, his license will not be suspended, and this case will not count as his “first offense” if he is ever arrested for a similar offense in the future.

Malden District Court/ Middlesex Superior Court, December 14, 2016

CHARGES: Trafficking cocaine 36- 100 grams (minimum mandatory 3.5 years in state prison up to 20 years in state prison, superior court only final jurisdiction), Possession of Class B substance (two counts), Possession of Class C substance, Possession of Class E substance. Our client was sitting in his parked car with the interior light on when police observed him hold up a glassine baggie that appeared to look like cocaine. When they approached his car, they viewed a large duffle bag with the tops of several baggies protruding from the larger bag. A subsequent search uncovered a large amount of cocaine (67 grams) and various other narcotics, as well as a digital scale and packing material. Our client at one point stated, “OK guys, you got me.”

RESULT: After significant discussions and negotiations with the District Attorney’s Office, including discussions relating to the legality of the search of our client’s car, the DA agreed to drop the most serious charge of trafficking (allowing the case to remain in District Court and avoid mandatory prison time) and two of the possession charges upon our client’s agreement to plead guilty to lesser offenses. Our client was not sentenced to any time in jail or prison.

Lawrence District Court, December 14, 2016

CHARGE: Possession of a Class A substance (heroin). Our client was pulled over by police after committing a minor traffic infraction. Police then viewed our client reach under his seat before they approached his car. During a brief interaction, our client admitted that he had approaximately ten grams of heroin in the car, and he was charged with possession of a class A substance.

RESULT: We were able to resolve this case without any admission of wrongdoing, and the case will be fully dismissed within six months after our client completes a drug evaluation.

Concord District Court, December 12, 2016

APPLICATION FOR CRIMINAL COMPLAINT: The Massachusetts State Police took out a criminal application against our client for operating after his license was suspended.

RESULT: After a clerk magistrate’s hearing, no criminal complaint issued.

Boston Municipal Court, Central Division, December 7, 2016

CHARGES : Operating Under the Influence Causing Serious Bodily Injury while Negligent (Felony which carries a minimum mandatory 6 months in jail upon conviction), Operating Under the Influence causing Bodily Injury, Leaving the Scene of Personal Injury. Our client was accused of driving his car into a construction zone in the Ted Williams tunnel in Boston, while drunk, and running over a highway worker, shattering his knee caps, and then driving off. Police eventually caught him, determined that he failed some field sobriety tests, had urinated himself, and admitted to drinking beers that evening. The unfortunate collision was caught on tunnel surveillance video. He was then charged with the above- listed offenses, and held on $25,000.00 bail. The media was present in the courtroom for the arraignment, and the case was all over the news.
RESULT: After being held on $25,000.00 bail at his initial arraignment, client’s family hired this firm. We appealed that bail to Suffolk Superior Court, and got it reduced down to $2,000.00; an amount that was much more feasible for the family. After several hearings and court appearances, we eventually were able to have the most serious felony dismissed, which was necessary to avoid the mandatory jail sentence. The client pled guilty to the lesser charges and was placed on probation with conditions for a period of 3 years; client was not sentenced to serve any term of jail or prison.

Cambridge District Court, November 30, 2016

APPLICATION FOR CRIMINAL COMPLAINT: The Cambridge Police Department applied for criminal charges against our client, a college student, for false alarm of fire and disorderly conduct.The police obtained video surveillance of our client breaking into a fire extinguisher portal, ripping the extinguisher out, and using it to cause significant damage inside of a public building. As a result, the fire alarms were also activated.
RESULT: We were able to resolve the matter with the Cambridge Police Department, with an agreement for a payment plan to eventually compensate for the damaged property. No charges were ever filed against our client, and his record remains clean.

Boston Municipal Court, West Roxbury Division, November 17, 2016

CHARGES: Distribution of Class B in a School Zone, Distribution of Class B, Possession with intent to distribute Class B, Conspiracy. Our client was arrested after police witnessed what they believed to be a drug exchanged in a school zone. Police also testified that they found several bags of cocaine on him after a search, and our client made certain statements implicating himself in further drug dealing activity. We filed several motions relating to the unlawful search, seizure, and statements allegedly made by our client, without which the government would not have a case.
RESULT: The entire case was DISMISSED after the filing of our motions.

Boston Municipal Court, West Roxbury Division, November 17, 2016

MOTION TO VACATE PRIOR CONVICTION
RESULT: Client had originally pled guilty to numerous felonies relating to the trafficking of cocaine. After extensive review of our client’s case, we found that at the time she pled guilty, she had received ineffective assistance of counsel. In essence, she was not advised of the various ways in which this case could have been defended, as we was merely a passenger in her boyfriend’s car (he ended up serving prison time for these charges). We filed a motion to vacate these prior convictions, and were opposed every step of the way by the government. In the end, the court allowed our motion. Once the pleas were vacated, the deportation order (client was not a citizen) was then withdrawn in immigration court, and the client now remains in this country with her family.

Boston Municipal Court, Central Division, November 15, 2016

CHARGE:Operating with a Suspended License. Our client was involved in causing a car accident, and was charged criminally due to the fact that his license was suspended at that time.
RESULT: Dismissed upon payment of $150.

Boston Municipal Court, Brighton Division, November 9, 2016

CHARGES: Operating under the influence, Negligent Operation of a Vehicle. Our client was pulled over by multiple state police after he was seen driving erratically on two flat tires. Troopers stated that he appeared to be under the influence of alcohol, smelled like alcohol, and admitted to consuming “several” beers at the party from which he was driving.
RESULT: On the morning of trial, both charges were DISMISSED prior to trial.

Dedham District Court, November 7, 2016

CHARGE: Operating with a Suspended License. Client had an open OUI case out of another court while arrested for this offense.
RESULT: Dismissed upon payment of $150.

Brockton District Court, November 3, 2016

CHARGE: Assault with a Dangerous Weapon.
RESULT: Case dismissed.

Chelsea District Court, November 1, 2016

CHARGES: Client was charged with Operating Under the Influence of Alcohol and Negligent Operation of a Vehicle. At trial, the arresting officer testified that our client operated on the wrong side of the highway, was weaving side to side, braking for no apparent reason, and emanated a strong smell of alcohol from the interior of his car.
TRIAL VERDICT: NOT GUILTY, both counts.

Ayer District Court, October 28, 2016

APPLICATION FOR CRIMINAL COMPLAINT: The Westford Police Department applied for a criminal complaint against our client for one count of Identity Fraud. Our client allegedly created a facebook profile purporting to be the new girlfriend of her unborn child’s father, with various photos and a fake biography, for the purpose of harassment.
RESULT: After clerk magistrate’s hearing, no complaint issued.

Cambridge District Court, October 27, 2016

CHARGES: Uninsured motor vehicle, unregistered motor vehicle, inspection sticker violation.
RESULT: All charges dismissed prior to arraignment (removed from the court system and no effect on car insurance).

Lowell District Court, October 24, 2016

CHARGES: Larceny by scheme over $250 (felony), 2 counts. Our client, a 53 year old immigrant from Cambodia, was charged in connection with a scheme in which two elderly people were defrauded out of a total $96,000. Realistically, she was a vulnerable pawn used by a con artist who preyed on people like her to cash checks after assurances she had won the lottery. The Commonwealth insisted that she was part of the scheme and attempted to prosecute her to the fullest extent. However, after we filed several discovery motions relating to certain evidence, by the time the case was set for trial the Commonwealth was left with insufficient evidence to prosecute our client.
RESULT: Case dismissed.

Cambridge District Court, October 24, 2016

APPLICATION FOR CRIMINAL COMPLAINT: The Cambridge Police Department applied for a criminal complaint against our client for operating with a suspended license.
RESULT: After hearing, no complaint issued.

Woburn District Court, October 21, 2016

CHARGE: Operating with a Suspended License
RESULT: We were able to have the charge removed from the criminal system and dismissed prior to arraignment.

Lynn District Court, October 20, 2106

CHARGES: Operating Under the Influence, 2nd Offense; Negligent Operation.
RESULT: On the day of trial, we filed a motion to dismiss based on the Commonwealth’s failure to provide necessary discovery that had been ordered by the court. The Commonwealth opposed our motion, but the judge agreed with our position. CASE DISMISSED.

Boston Municipal Court, October 14, 2016

CHARGE: Stalking. Our client, already a convicted felon with a 3 page record, serving a 2 year committed sentence in Bristol County, was now facing a felony charge of Stalking with the potential to be sentenced to an additional 2.5 years in prison.
RESULT: On the day of trial, we were able to have the felony Stalking charge reduced to a misdemeanor charge of criminal harassment, and he will serve no additional jail time.

Suffolk Superior Court, October 13, 2016

CIVIL RIGHTS/ POLICE MISCONDUCT LAWSUIT: We sued three Chelsea Police Officers for misconduct committed against our client. For further details, click here.
RESULT: Settlement for damages reached.

Chelsea District Court, October 12, 2016

CHARGE: Disorderly Conduct. Our client, with a lengthy prior criminal record, was accused of accosting and harassing a family with a baby, while highly intoxicated.
RESULT: Dismissed upon the performance of community service. No conviction or admission.

Malden District Court, September 22, 2016

CHARGE: Assault with a Dangerous Weapon (knife). Client was accused of chasing a man down the street with a knife.
RESULT: Case dismissed outright prior to trial.

Lawrence District Court, September 15, 2016

CHARGE: Operating Under the Influence of Liquor. At trial, the arresting state trooper testified that our client caused a 3- car crash during rush hour on Rt. 495. He testified that she gave conflicting accounts of how much alcohol she consumed earlier that afternoon and where she was coming from. He testified that her speech was slurred, she appeared agitated, and she failed a field sobriety test.
RESULT: The jury found our client NOT GUILTY.

Framingham District Court, September 13, 2016

APPLICATION FOR A HARASSMENT PREVENTION ORDER (258E): After an initial hearing in which the defendant, a college student, represented himself, the plaintiff’s application for a temporary harassment prevention order was allowed by the judge. The defendant then hired our firm to contest the order at a final hearing.
RESULT: The order was vacated at the final hearing.

Fitchburg District Court, September 8, 2016

CHARGES: Operating Under the Influence of Alcohol, Negligent Operation of a Motor Vehicle. A Clinton police officer observed our client go through a stop sign at a 4- way intersection without stopping. She was subsequently pulled over. At trial, the officer testified that our client smelled like alcohol, had slurred speech, bloodshot eyes, and appeared lethargic. He also testified that she was unsteady on her feet, failed a field sobriety exercise, and could not recite the alphabet properly.
RESULT: The jury returned a verdict of NOT GUILTY on both charges.

Peabody District Court, September 7, 2016

APPLICATION FOR CRIMINAL COMPLAINT:After an accident reconstruction expert completed his report for the insurance company, they applied for a felony criminal complaint against our client for insurance fraud.
RESULT: After hearing NO COMPLAINT ISSUED.

Boston Municipal Court, August 19, 2016

CHARGE: Harassing Electronic Communications, Threats to Commit a Crime
RESULT: Prior to trial, the charge of harassing electronic communications was dismissed. The government proceeded to trial on the count of threats to commit a crime, resulting in a verdict of NOT GUILTY.

Lawrence District Court, August 12, 2016

CHARGE: Operating an Uninsured Motor Vehicle, Permitting an Unlicensed Operator. Client was arraigned on these charges after serving a jail sentence in Georgia for driving offenses in that state.
RESULT: Dismissed upon payment of $200.

Fitchburg District Court, August 4, 2016

CHARGE: Operating Under the Influence. Our client was pulled over for entering the wrong way into a plaza at 2am. The state trooper who pulled him over could smell the odor of an alcoholic beverage coming from our client’s breath, and believed that his speech was slightly slurred. Our client stated that he had consumed a couple of drinks at a Comedy show in Boston that evening. The trooper then asked our client to perform the 9-step walk and turn test, which, in the trooper’s opinion, he failed. He was subsequently arrested.
RESULT: NOT GUILTY trial verdict.

Brighton District Court, August 3, 2016

CHARGE: Disorderly Conduct.
RESULT: We were able to have this case thrown out prior to our client formally being arraigned/ charged, so there will be no record of it.

Boston Municipal Court, July 6, 2016

CHARGE: Threats to Commit a Crime
RESULT: Dismissed outright.

Boston Municipal Court, July 6, 2016

CHARGE: Disorderly Conduct/ Affray. Client was involved in a 6- 8 person fight and had to be pepper sprayed after refusing to follow orders of the police.
RESULT: Dismissed upon payment of $100.

Waltham District Court, June 29, 2016

CHARGES: Violation of a restraining order, Assault and Battery, Threats to Commit a Crime
RESULT: After many court dates, motions, and hearings, all charges were dismissed against our client.

Dorchester District Court, June 16, 2016

MOTION TO VACATE PRIOR CONVICTION
RESULT: Client had originally pled guilty to numerous felonies relating to the distribution of cocaine. After extensive review of our client’s case, we successfully argued our motion to vacate client’s guilty pleas on the grounds that his prior counsel on that case was ineffective as a matter of law. Once the pleas were vacated, the deportation order (client was not a citizen) was then withdrawn in immigration court, and the client now remains in this country with his family.

Chelsea Juvenile Court, June 15, 2016

APPLICATION FOR CRIMINAL COMPLAINT: The Chelsea Police Department applied for a criminal complaint of assault and battery against our 13 year old client for an after-school fight, where numerous cell phone videos depicted our client punching a classmate in the face multiple times.
RESULT: No complaint issued.

Woburn District Court, June 7, 2016

CHARGE: Operating with a Suspended License. Client had multiple prior driving- related charges.
RESULT: Case dismissed upon payment of $100.

Ayer District Court, June 2, 2016

APPLICATION FOR 209A (RESTRAINING ORDER): Our client’s former boyfriend applied for an abuse prevention order against her. An evidentiary hearing was held before a judge.
RESULT: After a hearing, the 209A order did not issue against our client.

Gloucester District Court, June 1, 2016

APPLICATION FOR CRIMINAL COMPLAINT: Client’s ex- girlfriend applied for a criminal complaint of domestic assault and battery. She alleged that several months earlier, our client “head- butt” her in the face causing injuries. She provided information, along with a witness (her friend), to the police regarding this allegation… just three days after mutual restraining orders had been issued against her and our client.
RESULT: After a hearing, no charges issued against our client.