2016 Case Results Part 2

Chelsea District Court, May 24, 2016

CHARGE: Possession of Cocaine. Client is an undocumented alien, and any admission to this offense would have led to deportation proceedings. The District Attorney’s office had originally sought such an admission, but after several hearings we were able to avoid any such admission.
RESULT: Case dismissed upon the performance of community service. No plea, admission, or negative immigration consequences.

Roxbury District Court, May 20, 2016

CHARGE: Operating with a Suspended License, while client was on probation for a prior charge of Operating Under the Influence.
RESULT: We were able to have this case dismissed before the client was arraigned in court, which was significant because an arraignment on this new charge would be a violation of his probation, resulting in potential jail time.

Lawrence District Court, May 18, 2016

PROBATION VIOLATION: Final surrender hearing for a violation of probation. Client had originally been placed on probation for driving and drug related offenses in Lawrence District Court. She received a suspended jail sentence and significant conditions, as she was placed on Level 3 with the Office of Community Corrections (OCC). While on probation, she was charged with a major driving- related felony, and received a 2.5 year jail sentence out of Haverhill District Court, 1 year of which is now being served while the balance is suspended for 3 years. While on probation, she also tested positive for cocaine, triggering an additional violation of her probation in Lawrence District Court.
RESULT: Client will not serve any additional jail time as a result of violating her probation.

Waltham District Court, May 3, 2016

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 Once that plea was vacated, the deportation order (client was not a citizen) was then withdrawn in immigration court, and the client now remains in this country with his family.

Boston Municipal Court- Central Division, May 2, 2016

CHARGES: Operating under the influence of drugs, Possession of marijuana with intent to distribute. The evidence at trial was that our client was observed by State Police weaving in and out of lanes, passing cars, and driving 85 mph in a 45 mph zone. When signaled to pull over, he stopped in the median island, then in the left travel lane. Police observed his eyes to be bloodshot, and there was a strong odor of marijuana coming from within the car. The client’s hands were shaky and his movements were slow. Our client later admitted to “enjoying a smoke while driving.” An inventory searched of his car revealed four sealed packages labeled “silver dream” and believed to be marijuana.
RESULT: The charge of possession with intent to distribute marijuana was DISMISSED prior to trial, and the count of operating under the influence resulted in a verdict of NOT GUILTY after trial.

Malden District Court, April 29, 2016

CHARGES: Trafficking cocaine 36- 100 grams (felony– minimum mandatory 3.5 years state prison, up to 20 years state prison), Possession of Class B (two counts), Possession of Class C, Possession of Class E
RESULT: All charges dismissed, over the government’s objection.

Brockton District Court, April 20, 2016

MOTION TO VACATE PRIOR CONVICTION
RESULT: After extensive review of our client’s case, we successfully argued our motion to vacate client’s guilty plea on the grounds that his prior counsel on that case was ineffective as a matter of law. Once that plea was 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 daughter.

Lowell District Court, April 14, 2016

CHARGE: Operating under the influence of alcohol, 2nd offense. Our client was arrested at 4:30 am after a state trooper pulled him over for swerving all over the road- specifically, Route 3 North. The trooper testified that our client’s eyes were bloodshot, speech was slurred, hair “disheveled,” and he smelled strongly of an alcoholic beverage. He testified that our client could not find his driver’s license, and looked in his wallet repeatedly for it. He testified that our client failed both field sobriety tests, almost falling over more than once. We were able to expose flaws in the trooper’s testimony, opinion, and investigation, showing that he had rushed to judgment. Our client was extremely exhausted, had worked 3 jobs and been awake for 20 hours at that point- but the trooper did not conduct the proper inquiry during his investigation, and ignored other methods- less physical techniques- on which he was trained and could have administered to an extremely exhausted person at 4:30 am.
RESULT: The jury returned a verdict of NOT GUILTY.

Boston Municipal Court- Central Division, April 8, 2016

APPLICATION FOR CRIMINAL COMPLAINT: A criminal complaint for Assault and Battery was originally issued against our client two years earlier, and we were able to have it dismissed because the police failed to follow the rules of criminal procedure in applying for the complaint. Now, the complaining witness refiled an application for a new complaint.
RESULT: After a clerk magistrate’s hearing, no complaint issued.

Quincy District Court, April 6, 2016

MOTION TO VACATE PRIOR CONVICTION
RESULT: After extensive review of our client’s case, we successfully argued our motion to vacate client’s guilty plea on the grounds that his prior counsel on that case was ineffective as a matter of law. Once that plea was 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 wife and young child.

Boston Municipal Court, March 30, 2016

CHARGES: Carrying a Firearm without a valid License; Unsafe storage of a Firearm.
RESULT: After significant investigation, out of court work, and multiple court appearances, we were able to resolve this case under a misdemeanor section of the gun statute, rather than the felony section that caries a minimum mandatory jail sentence. Our client received a CWOF with administrative probation, meaning he was not convicted of any crime and will not have to physically report to probation. This was especially important to our client, who lives 2 1/2 hours away, working as a nurse in Connecticut.

Chelsea District Court, March 28, 2016

CHARGE: Client was arrested along with two co- defendants, charging them with Trafficking heroin 18- 36 grams (felony- mandatory minimum 3.5 years in state prison, 20 years maximum; Superior Court Only final jurisdiction)
RESULT: Prior to client being indicted and arraigned in Superior Court where he faced mandatory state prison time, we were able to have this case DISMISSED, along with having his posted bail and all seized property returned.

Gloucester District Court, March 25, 2016

CHARGE:Operating Under the Influence, 3rd Offense (felony carrying a mandatory minimum six month jail sentence); Negligent Operation of a motor vehicle. Client was involved in an accident, driving his car into a steel pole which left him with blood dripping from his face. Officers described him as appearing “highly intoxicated,” unsteady on his feet, with very slurred speech, bloodshot eyes, and a strong odor of alcohol on his breath. He was transported to the hospital, at which time he indicated to a firefighter that he had consumed 20 beers. Blood tests at the hospital indicated that his blood alcohol content was nearly four times the legal limit.
RESULT: We filed a motion to amend the charge from a 3rd to a 2nd offense, as the record was insufficient to charge him as a 3rd-time offender. Our motion was allowed, over the prosecution’s objection. Then, on a plea to the 2nd- offense, the prosecutor recommended that our client be sentenced to two years in in jail suspended during a two- year probation term, as well as a 14-day inpatient treatment facility with outpatient aftercare, and a 2 year license loss. However, with the only remaining predicate offense being from 1997 (more than ten years old), the court accepted our plea to the “second chance 24D” alternative disposition (now a misdemeanor and not a felony), imposing the same alcohol education program that a first-time offender would receive, along with a 60 day license loss instead of the 2 year loss recommended by the prosecutor. Our client also pled guilty to the count of Negligent Operation and received probation concurrent to (running at the same time) his probation for the OUI plea. **Note: While the court imposed a first- offender’s disposition, the RMV will still treat this conviction as his second offense and will thus require the installation of an IID in his car for two years upon his license restoration.

Somerville District Court, March 24, 2016

CHARGE: Resisting arrest.
RESULT: Dismissed.

Chelsea District Court, March 16, 2016

CHARGE:Unlicensed operation of a motor vehicle
RESULT:Dismissed upon payment of $200 in court costs.

Malden District Court, March 15, 2016

CHARGE: Operating Under the Influence, Operating without a License
RESULT: Both charges dismissed.

Belchertown District Court, March 11, 2016

CHARGE: Client, a 20 year old student at UMass, was charged with assault and battery causing serious bodily (felony) on another student. The incident resulted in that other student suffering a concussion, loss of a tooth, multiple oral surgeries, and ultimately missing a significant amount of the semester at UMass. The District Attorney’s office sought a Guilty finding from the court due to the seriousness of the injuries and the detailed, emotional victim- impact statement. Our objective was to avoid a guilty finding in this case, which would have the consequence of rendering our client a convicted felon for the rest of his life.
RESULT: We were able to convince the court to continue this case without a finding of guilt, with the condition that our client attend and complete an anger management course and avoid any further trouble during the course of probation. Once he meets these terms of probation, the case will be dismissed without any conviction on his record.

Chelsea District Court, March 10, 2016

CHARGE: Client was charged with domestic assault and battery on his wife. She alleged that he grabbed her, kicked her, and threw her to the ground. Medical records showed bruising on her arm and leg. We aggressively cross- examined her, showing inconsistencies in her story and motive to seek revenge against our client for his infidelities.
VERDICT: The jury returned a verdict of Not Guilty.

Westboro District Court, March 7, 2016

CHARGES: Unlicensed operation of a motor vehicle, Providing a false name upon arrest.
RESULT: Decriminalized the charges and dismissed.

Quincy District Court, February 24, 2016

APPLICATION FOR CRIMINAL COMPLAINT:Braintree PD filed an application for a criminal complaint against our client for forging an RMV document.
RESULT: After hearing, no criminal complaint issued.

Plymouth District Court, February 23, 2016

CHARGES: Drag racing a Motor Vehicle, Reckless Operation of a Motor Vehicle, Operating with a Suspended License, Failure to Stop for Police, Speeding, Passing Violation, Breakdown Lane Violation, Marked Lanes Violation, Unsafe Lane Change. Client was alleged to have taken part in racing another motor vehicle on the highway resulting in a high- speed chase with police.
RESULT: 8 of 9 counts dismissed outright. On the count of Operating with a Suspended License, client was required to attend a one- day safe driving course, received a CWOF, we were able to have his license reinstated and not re-suspended, and the case to be dismissed at the end of 6 months without any adverse effect on car insurance.

Belchertown District Court, February 22, 2016

CHARGE: Minor in possession of alcohol
RESULT: Client was arrested at UMass- Amherst. At his initial hearing, we were able to enter client into a diversion program for first time offenders, in contemplation of full dismissal.

Somerville District Court, February 19, 2016

MOTION TO VACATE PRIOR CONVICTION
RESULT: After extensive review of our client’s case, we successfully argued our motion to vacate client’s guilty plea on the grounds that his prior counsel on that case was ineffective as a matter of law. Once that plea was 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 wife and eleven year old son.

Lynn District Court, February 17, 2016

CHARGES: Open and Gross Lewd and Lascivious Behavior (Felony), Possession of Cocaine, Providing a False Name upon Arrest.
RESULT: All charges dismissed.

Boston Municipal Court- Central Division, February 12, 2016

CHARGES: Violation of an Abuse Prevention Order (2 counts) Harassing Telephone Calls, Threats to Commit a Crime
RESULT: Dismissed.

Boston Municipal Court- Central Division, February 5, 2016

CHARGE: Operating Under the Influence, Assault and Battery on a Public Employee. As a non- citizen, a conviction to these offense would have led to deportation of our client.
RESULT: Defense motion to dismiss allowed, over the objection of the government. Both charges dismissed outright.

Chelsea District Court, February 4, 2016

CHARGE: Unlicensed operation of a Motor Vehicle
RESULT: Over the government’s objection, defense motion to dismiss was allowed.

Framingham District Court, January 27, 2016

CHARGE: Receiving Stolen Property. Client (with a lengthy criminal record including prior committed jail sentences) pled guilty to participating in obtaining puppies which were stolen from a kennel. The case received significant media attention. At sentencing, the government requested, among other conditions, that client be committed to serve at least 90 days in jail.
RESULT: Our request for probation and no committed jail term was imposed.

Lawrence District Court, January 26, 2016

CHARGE:Operating Under the Influence, 2nd Offense. Client was arrested after the police were dispatched to a local bar, where client had been accused of making a threat to another patron. Police spot our client driving away from the bar and pull him over. According to police, he appears lethargic, is slurring his speech, has bloodshot eyes, and smells like alcohol. He admits to drinking. Police testify that he failed both field sobriety tests, and almost fell over while walking.
VERDICT: A jury returned a verdict of Not Guilty.

Waltham District Court, January 26, 2016

MOTION TO VACATE PRIOR CONVICTION
RESULT: After extensive review of our client’s case, we successfully argued our motion to vacate client’s guilty plea on the grounds that his prior counsel on that case was ineffective as a matter of law. Once that plea was 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 wife and two children.

Boston Municipal Court- Central Division, January 22, 2016

CHARGE:Possession with intent to distribute Class D in a School Zone (minimum mandatory 2 year jail term)
RESULT: Defense Motion to Dismiss Allowed. Dismissed outright.

Boston Municipal Court- Dorchester Division, January 13, 2016

APPLICATION FOR CRIMINAL COMPLAINT: The complaining witness accused our client of Domestic assault and battery
RESULT: At the hearing, no criminal charges issued.

Somerville District Court, January 5, 2016

CHARGE: Operating with a Suspended License
RESULT: Dismissed upon payment of $100.

Plymouth District Court, January 5, 2016

CHARGE: Client charged with 9 counts of violating an abuse prevention order. The government asked that he be convicted (found guilty), placed on supervised probation for 18 months, and ordered to successfully complete a 40- week intensive certified batterer’s program. We proposed a CWOF, 1 year probation, with no required classes or any other program for our client.
RESULT: Our request was granted and the case will be dismissed upon successful completion of the 1-year probationary period. No conviction.