2017 Final Case Results

Newton District Court, December 29, 2017

APPLICATION FOR CRIMINAL COMPLAINT: The Newton Police Department applied for a felony complaint against our client on the charges of assault and battery with a dangerous weapon and malicious destruction of property over $250. After a contested hearing, the clerk found no probable cause to issue either complaint.

RESULT: No complaint issued against our client.

Falmouth District Court, December 19, 2017
APPLICATION FOR CRIMINAL COMPLAINT: Our client is an elderly woman who crashed into a parked car, causing significant damage. She was suffering from a medical condition at the time. The Falmouth Police Department applied for a criminal complaint against our client for operating to endanger.
RESULT: After a clerk magistrate’s hearing, no complaint issued against our client.

Milford District Court, December 8, 2017
CHARGES: Our client was involved in a car accident. He was arrested shortly thereafter for driving without a license, and for providing a false name to police after his arrest.
RESULT: Both charges dismissed.

Lawrence District Court, December 7, 2017
CHARGE: Operating Under the Influence, 2nd offense. State troopers testified that our client almost caused a crash with the one trooper on Route 93 South. The same trooper testified that our client had bloodshot eyes, was slurring his words, and smelled like alcohol. He also testified that our client was unsteady on his feet, a nip of alcohol was found in his car, and that our client was “drunk.” Attorney Urbelis vigorously cross- examined both state troopers, ultimately discrediting their version in front of the jury.
RESULT: NOT GUILTY verdict after jury trial.

Quincy District Court, December 6, 2017
CHARGE: Assault and Battery on a Family/ Household Member. Our client was accused of physically attacking his father, with an off- duty police officer as a witness.
RESULT: Case dismissed.

Chelsea District Court, December 5, 2017
CHARGE: Disorderly Conduct. Our client was alleged to have disobeyed police officer commands for her to pull her car over and then shout profanity at the officer in front of many bystanders. She was also alleged to escalate another incident where her daughter allegedly punched another officer. We tried this case in front of a jury, who discredited the officer’s version of events.
RESULT: NOT GUILTY after jury trial.

Salem District Court, November 20, 2017
APPLICATION FOR CRIMINAL COMPLAINT: The Salem Police Department applied for two separate criminal complaints against two of our clients; one application was to charge our client with operating a motor vehicle without a license, and the other complaint was to charge his wife with permitting him to drive her car without a license.
RESULT: After a hearing, no complaint issued against either client.

Lawrence District Court, November 15, 2017
CHARGE: Larceny Over $250. Our client was charged with stealing thousands of dollars from her employer, the YMCA.
RESULT: After our successful motion, this case was dismissed.

United States District Court, Massachusetts, November 6, 2017
FEDERAL INDICTMENTS: Conspiracy, Interstate Transportation of Stolen Goods, False Tax Returns. Our client was indicted after a 6 year investigation, two weeks prior to the statute of limitations barring any such indictments. The case received significant media attention as our client was accused of running an online business and selling over $200,000 worth of stolen razor blades across the globe. He was also charged with filing false tax returns, having never claimed any of the income received for his online business.
RESULT: After significant litigation, we were able to have the lead charges (conspiracy and interstate transportation of stolen property) dismissed. Our client pled guilty to filing false tax returns. Given that the business generated over $1.7 million and no income was claimed, combined with our client’s prior criminal history, the federal sentencing guidelines recommended 18- 24 months in prison for the charge to which he pled guilty. We were able to avoid any prison time, conditioned upon his successful completion of 3 years probation, confinement to a curfew w/ the ability to maintain his employment, and restitution to be paid to the Internal Revenue Service.

Lawrence District Court, November 2, 2017
MOTION TO VACATE PRIOR CONVICTION: In 2003, our client was 18 years old and represented by a court- appointed attorney who advised her to take a plea deal on two felony charges. Now, over a decade later, those convictions led to deportation proceedings, as she was a green card holder but not a citizen. Her deportation would have left her young daughter and elderly, disabled mother here in the United States without any support.
RESULT: Our investigation uncovered ineffective assistance of counsel by her court- appointed attorney in 2003, and the court allowed our motion to vacate our client’s prior guilty plea. She is now eligible to obtain citizenship.

Chelsea District Court, October 31, 2017
CHARGES: Knowingly permitting an unlicensed operator to drive, illegal window tint. Police arrested another suspect and charged him with driving without a license and various drug distribution offenses. He was operating a vehicle owned by and registered to our client.
RESULT: The criminal charge was dismissed prior to our client ever being arraigned in court, and he was found not responsible on the civil tint infraction.

Boston Municipal Court- Central, October 26, 2017
CHARGE: Operating Under the Influence, 2nd offense. Our client is a doctor specializing in various biological research. Two Boston Police Detectives testified at trial that they observed our client flying through intersections in Back Bay and blowing two red lights. They both stated that our client was unaware that he did so, smelled like alcohol, and appeared confused. They also testified that his eyes were red, speech was slurred, and he failed two field sobriety tests, unable to maintain his balance. Attorney Urbelis executed a vigorous cross- examination.
RESULT: Verdict of NOT GUILTY. We also filed a motion to have our client’s license reinstated upon his acquittal (it had been suspended for three years as the result of refusing the breathalyzer test). Motion allowed- client’s license reinstated.

Chelsea District Court, October 25, 2017
APPLICATION FOR CRIMINAL COMPLAINT: The Chelsea police applied for a charge of assault and battery to be issued against our client, stemming from an allegation that he punched his neighbor in the face over a dispute.
RESULT: After a clerk magistrate’s hearing, no complaint issued against our client.

Cambridge District Court, October 20, 2017
MOTION TO VACATE PRIOR CONVICTION: Our Client was convicted in 2003 of larceny over $250 after stealing baby clothes from Sears. Unfortunately, she was not a U.S. citizen, and this conviction was now causing her to get deported. Her husband had previously been deported, and our client was now raising her 13 year old daughter alone in this country. We filed a motion to vacate the conviction, as her prior attorney in 2003 had not effectively represented her interests.
RESULT: Motion allowed, client is no longer facing deportation.

Chelsea District Court, October 17, 2017
CHARGE: Our client was charged with operating under the influence of alcohol. We elected to take the case to trial and put our faith in the hands of a Suffolk County jury. At trial, the arresting state trooper testified that he pulled our client over because she was driving without any headlights or taillights activated at 2:30 am. We pointed out that she was driving her boyfriend’s car, whereas she was used to the lights automatically coming on in her car when driving at night. She pulled over safely, but the trooper determined that because her eyes were red (we admitted her medical records showing that she was diagnosed with conjunctivitis at that time), her speech was slurred, and the smell of alcohol was coming from her breath, she would exit the car and perform field sobriety tests. The trooper determined that she failed these tests and placed her under arrest. On cross- examination, we were able to show that she in fact did quite well on these tests under the circumstances.
RESULT: The jury deliberated for just ten minutes and returned a verdict of NOT GUILTY.

Lawrence District Court, October 10, 2017
CHARGES: Possession of class A (heroin), possession of class B (crack cocaine).
RESULT: Both charges dismissed.

Westboro District Court, October 10, 2017
APPLICATION FOR CRIMINAL COMPLAINT: The Massachusetts State Police applied for a criminal complaint against our client for operating without a valid driver’s license.
RESULT: After a clerk magistrate’s hearing, no criminal complaint issued against our client.

Quincy District Court, September 29, 2017
CHARGES: Client was charged with 4 counts of Breaking and Entering a vehicle at nighttime with intent to commit a felony (felony), 2 counts of Malicious Damage to a Motor Vehicle (felony), 1 count of Breaking and Entering a vehicle in the daytime (felony), 1 count of attempt to commit a crime (felony). Our client is an 18 year old student with significant substance abuse issues. We worked at length with the district attorney’s office to resolve these charges in a way that would not incarcerate our client and also allow him another opportunity to better himself, without any felony convictions.
RESULT: All charges were Continued without a Finding for 2 years. Our client will agree to remain drug and alcohol free and submit to testing. As long as he complies with probation, he will not have any convictions on his record.

Quincy District Court, September 29, 2107
CHARGE: Minor in Possession of Alcohol.
RESULT: Case dismissed.

New Bedford District Court, September 27, 2017
MOTION TO VACATE PRIOR CONVICTIONS: Our client had previously pled guilty in 2002 to distribution of class B drugs, conspiracy to violate the drug laws, reckless operation of a motor vehicle, and leaving the scene of property damage. Although this client has his green card, living here with his wife and five children, all of these convictions were now coming back against him in deportation proceedings. Once this client eventually retained us to review this case, we found that his prior counsel from 2002 had ineffectively represented him. We filed a motion to vacate his prior convictions.
RESULT: Motion to vacate prior convictions allowed, stopping the deportation of our client.

Dorchester District Court, September 26, 2017
CHARGES: Distribution of Class A Drugs, Distribution of Drugs in a School Zone, Conspiracy to Violate the Drug Laws. We filed motions which were strongly opposed by the Commonwealth. One particular motion that was allowed by the court put the Commonwealth in a position where they were no longer able to prove the charges against our client.
RESULT: All charges dismissed.

Lawrence District Court, September 22, 2017
MOTION TO VACATE PRIOR CONVICTION: Our client pled guilty in 2009 to larceny over $250, a felony. However, her attorney at the time did not properly advise her of the immigration consequences that would follow from such a plea. Due to this conviction, our client’s green card was revoked and she was in deportation proceedings. Our client has a husband who is a United States citizen, two small children, an elderly mother who she cares for, all while working full- time.
RESULT: The court allowed our motion to vacate the prior conviction and the case was dismissed. Our client’s green card will not be revoked.

Chelsea District Court, September 22, 2017
APPLICATION FOR CRIMINAL COMPLAINT: The Revere Police Department applied for a criminal complaint against our client for leaving the scene of property damage. The police spoke with a witness who heard a loud crash outside of her house. When she looked outside her house, she observed four people, including one who looked like our client, exit the vehicle that had crashed into her parked car causing significant damage. An investigation determined that the registered owner of the car was our client.
RESULT: After a clerk magistrates hearing, we were able to convince the clerk that there was no probable cause to issue a complaint. No complaint issued against our client.

Brockton District Court, September 20, 2017
CHARGE: Minor in Possession of Alcohol
RESULT: Charge decriminalized so that client will not have an entry on his CORI.

Malden District Court, September 13, 2017
APPLICATION FOR CRIMINAL COMPLAINT: The Everett Police applied for a criminal complaint against our client for leaving the scene of property damage (hit and run). Our client was alleged to have caused a motor vehicle crash, and then drive off when the other vehicle’s owner got out to exchange information.
RESULT: After a magistrate’s hearing, no criminal complaint issued against our client.

Ayer District Court, September 11, 2017
APPLICATION FOR CRIMINAL COMPLAINT: The Westford Police applied for a felony complaint against our client under M.G.L. c. 268 s. 13E(b), misleading a police investigation. Our client arrived in a parking lot to meet his friend. Upon arrival, our client found our friend had overdosed on heroin, with vomit all over his shirt and foam coming from his mouth. Our client called 911, but he is also alleged to have taken bags of heroin from the scene and buried it in the woods, then lie about doing so to police. Our client’s friend was later pronounced dead at the hospital.
RESULT: After a magistrate’s hearing, no criminal complaint issued against our client.

Belchertown District Court, September 5, 2017
CHARGE: Minor in Possession of Alcohol. Our client was an 18 year old who had just moved in to the UMass dormitories to start her freshman year. Unfortunately, the first weekend didn’t go as planned. She was arrested and charged with being a minor transporting alcohol. Her family contacted Urbelis Law right away, and we appeared the following day at her arraignment in Belchertown District Court.
RESULT: We were able to remove the case from the criminal system and it was dismissed prior to her ever being arraigned in court. As a result, this offense will not show up on any CORI background check.

Quincy District Court, August 29, 2017
CHARGES: Threats, Assault and Battery on an Elderly Person. Our client was detained after he violated probation for not reporting and for not attending AA as was a condition of probation. His probation also included a suspended sentence of 18 months in the house of corrections that a judge could sentence him to for any violation.
RESULT: At the final surrender hearing, we were able to work out an arrangement whereby our client was released from custody with the added condition of daily alcohol screens. He is scheduled to finish probation on time without any further issues.

Boston Municipal Court, August 24, 2017
CHARGE: Minor in Possession of Alcohol. We represented two eighteen year old defendants who were arrested at the Fisherman’s Feast in the North End. Their arraignment was scheduled in court five days later. Prior to the arraignment, the defendants hired our firm to represent them. We worked out an arrangement with the District Attorney’s office whereby the two teens would perform 8 hours of community service PRIOR to being arraigned in court.
RESULT: Case dismissed PRIOR to arraignment, so that there is no record of this arrest on client’s CORI.

Brockton District Court, August 16, 2017
APPLICATION FOR CRIMINAL COMPLAINT: Our client owns a home where underage drinking was taking place. One of the underage drinkers left the home and crash her car while under the influence of alcohol, resulting in serious injury to an off- duty police officer. The Bridgewater Police applied for a criminal complaint against our client for the charge of permitting underage drinking on her property.
RESULT: After a hearing, no criminal charges were issued against our client.

Dorchester District Court, August 9, 2017
MOTION TO VACATE PRIOR CONVICTION: Our client had previously been charged with conspiracy and distribution of drugs in a school zone. Upon the advice of her then– attorney, she pled guilty to the charges in order to avoid prison time. Unfortunately, the guilty plea came back to haunt her, as federal authorities sought to have her deported (she was not a citizen). We were retained to represent this client, and reviewed the case. We immediately found that she was not properly represented by her prior attorney, and we filed a motion to vacate her guilty plea to the drug charges. This motion was opposed by the district attorney’s office.
RESULT: Our motion was allowed and the convictions were vacated. Our client is no longer in deportation proceedings.

Goucester District Court, August 9, 2017
APPLICATION FOR CRIMINAL COMPLAINT: The Gloucester Police Department filed an application for a criminal complaint against our client for operating with a suspended license. Our client was already on probation for the same offense, with an open OUI charge that was two weeks away from trial. A hearing took place before the court’s clerk magistrate on this application.
RESULT: After a hearing, no complaint issued against our client.

East Boston District Court, August 2, 2017
CHARGES: COUNT 1: Felony Possession with intent to distribute class B (cocaine), COUNT 2: Felony Possession with intent to distribute class B (oxycodone), COUNT 3: Felony Possession with intent to distribute class C (Clonazepam). Our client was arrested by Massachusetts State Police after being detained by TSA at Logan Airport. He attempted to go through a checkpoint with 6 bags of cocaine, 26 oxycodone pills and 21 clonazepam pills.
RESULT: Count 1: Reduced to misdemeanor possession, CWOF 1 year. Count 2: Dismissed. Count 3: Reduced to misdemeanor possession, CWOF 1 year.

Quincy District Court, August 1, 2017
CHARGES: Possession of Heroin, violation of probation. We filed our appearance on this case to represent client for his violation of probation hearings. Our client had a suspended sentence hanging over his head, and any revocation of his probation would trigger six months in the house of corrections. He had already served committed time in the past for felony charges. At the final surrender hearing, probation officer laid out the alleged violations of his probation, and explained to the court why our client was no longer an appropriate candidate for probation, and requesting that our client be sentenced to six months in the house of corrections. We, of course, contested such commitment, and provided a strong defense to the alleged violation.
RESULT: The judge agreed with our position and did not commit our client to the house of corrections. He will remain on probation until the same end date that was previously in place.