Criminal Defense Case Results
DISMISSED - OUI, Second Offense - Essex County (Lawrence District Court) - following a successful Motion to Suppress Evidence, in which the Court concluded that police failed to follow proper constitutional procedures for stopping, searching and questioning someone in public, the District Attorney's office was forced to concede that it could not take its case to trial against our client, who was never actually seen driving, and who police arrested when he attempted to leave the scene of inquiry, even though officers eventually admitted he had no obligation to speak with them, and could have walked away. The Court concluded that police failed to adequately notify our client of his rights, and the District Attorney's office was forced to stand by as we successfully moved to dismiss the case.
OLD CONVICTION OVERTURNED - OUI, First Offense - Essex County (Gloucester District Court) - despite the fact that the conviction was over 20 years old, the Court allowed our Motion to Vacate Guilty Plea and Order New Trial, when we raised questions about the validity of the underlying guilty plea, taken by the Court from a 22-year-old defendant with no representation at the time, less than one month after the alleged offense. The docket sheets and court documentation failed to give any indication that our client had been notified of his constitutional rights at the hearing in 1992, and the present Court allowed the Motion, concluding that our client's rights were likely violated when he plead guilty.
DISMISSED -Allegation of Cyber Crime, Unauthorized Access to A Computer & Larceny of Trade Secrets - Middlesex County (Woburn District Court) - in an unusual case pitting former colleagues-turned-rival business owners, our client stood falsely accused of hacking into his former employer's email and stealing sensitive information. The case's proof, unlike many cases, hinged upon very technical aspects of how devices and users can be identified within an Internet Service Protocol ("ISP") address. With our client's assistance, we successfully countered the "narrative" of the case from the beginning, by showing the former employer's potential dishonesty and bad faith, and also pointed out that our client had been privy to the "sensitive" information as an employee and, thus, any alleged "trade secrets" were not actually secrets and were a deliberate contrivance to encourage police to file charges. Most importantly, after altering the case's momentum in favor of our client, we successfully argued a Motion to Dismiss.
NOT GUILTY – Murder – Suffolk Superior Court – after successfully obtaining a reduction from first-degree murder second-degree murder before the trial began, we successfully exonerated our client at a five-day Suffolk Superior Court trial with over one dozen witnesses.
NOT GUILTY – Armed Home Invasion – Suffolk Superior Court – successfully tried a case before a 12-person jury in Suffolk Superior Court, in which our client was acquitted. Multiple witnesses testified over the course of the trial, and we prevailed in part due to the expert testimony of a forensic psychiatrist on behalf of the defense.
DISMISSED – Trafficking in Ecstasy & Conspiracy – Federal Court (District of New York) – our client was indicted on multiple federal drug charges and conspiracy, and faced substantial federal prison time. Ultimately, we were able to secure a full dismissal of all charges prior to any trial. Our client was never found guilty of anything and never sentenced to federal prison.
NOT GUILTY – Rape – Middlesex Superior Court – our client denied the allegations brought by the complaining witness and maintained innocence throughout the case. The case was tried before a 12-person jury over the course of one week. At the end of the trial, the jury found our client not guilty, despite testimony by multiple witnesses.
NOT GUILTY – Rape – Worcester Superior Court – our client consistently maintained that the complaining witness had consented to the encounter in question. After a one-week trial in Superior Court before a 12-person jury, our client was acquitted of the charges.
DISMISSED – Rape – Middlesex Superior Court – this case was aggressively and contentiously litigated by the District Attorney's office. Although it was scheduled for trial and witnesses appeared on the scheduled date, the case was dismissed following a protracted battle over pretrial motions. The case never had to be tried and our client was never convicted.
DISMISSED – Rape & Kidnapping – Middlesex Superior Court – this case involved false accusations against our client, a local official. The complaining witness refused to answer certain questions during the pretrial phase of the case concerning past false accusations. Because she refused the answer, the Judge dismissed the case.
NOT GUILTY – Trafficking in Crack Cocaine – Suffolk Superior Court – our client, a former military serviceman, was found not guilty after a three-day jury trial, despite the fact that police had executed a search warrant at a house that included our client's bedroom. Even though police testified that they located contraband in that bedroom, the jury found our client not guilty
NOT GUILTY – Assault With Intent to Murder – Middlesex Superior Court – our client was accused of committing a stabbing at a carnival, and then fleeing the scene. As many as 10 witnesses testified during a four day jury trial. The 12-person jury found our client not guilty of the charges
DISMISSED – Indecent Assault & Battery – Hampden County (Springfield District Court) – this case was contentiously litigated during the pretrial phase. We retained an investigator and presented evidence that the complaining witness had been spending time with our client after the alleged incident, which called the case into question. On the day of trial, prosecutors dismissed the case.
DISMISSED – Indecent Assault & Battery – Middlesex County (Cambridge District Court) – our client was charged with an assault at an MBTA station and had been picked out of a photo array and positively identified. However, we presented video evidence of our client that convinced prosecutors of his alibi defense. The case was dismissed by prosecutors.
COMPLAINT DENIED – Leaving the Scene of Property Damage – Norfolk County (Quincy District Court) – our client was summonsed to Court to answer to an Application for Criminal Complaint. Although he was charged, witnesses brought in could not positively identify him as the perpetrator. Prosecutors dismissed the Complaint Application.
NOT GUILTY – Immigration Fraud – Suffolk Superior Court – this case involved multiple defendants and over 20 indictments related to sales of false green cards for as much as $2500 per card. After a five-day jury trial, our client was acquitted of all charged, while co-defendants were found guilty of all charges.
DISMISSED – Drug Possession & Uttering False Prescription – Middlesex County (Woburn District Court) – all charged dismissed where client, a local first responder, entered into and successfully completed a needed drug treatment program and counsel negotiated a dismissal with prosecutors, who had initially sought a conviction. Through ouer
Not Guilty – Indecent Assault & Battery – Middlesex County (Malden District Court) – Our client, a local public figure, had been accused of groping the complaining witness, who went to police following the incident. The case was tried before a Jury-of-Six in the District Court over a period of three days. Several witnesses, including prominent local officials, were subpoenaed to testify. Even though the complaining witness testified and maintained her position, at the conclusion of the case the jury acquitted our client.
Not Charged – Unlawful Possession of a Firearm – Norfolk County (Quincy District Court) – We successfully negotiated with police after our client discovered an unknown firearm in home and attempted to safely dispose of it. However, the choice of disposal was not acceptable to police, who located the weapon and conducted an investigation that led to our client. While police believed that the weapon had not originally belonged to our client, they considered charging her with unlawful possession. However, over the course of several meetings with police, they agreed they would not pursue any charges.
Not Guilty – Operating Under the Influence of Intoxicating Liquor – Plymouth County (Hingham District Court) – Client found Not Guilty by Hingham District Court Judge after a jury-waived trial. Despite evidence that our client failed field sobriety tests and made statements concerning alcohol consumption, counsel aggressively and effectively cross-examined police officers, who could not sustain their burden of proof after the questioning revealed problems with their case and the investigation. The Court found our client not guilty.
Dismissed – Accessory After the Fact (Murder) – Middlesex Superior Court – While our client had not participated in any way in an alleged murder, charges were levied alleging an Accessory After the Fact after the police's investigation suggested that our client may have assisted the murder suspect in obtaining legal counsel after the alleged incident had occurred. We aggressively and persistently argued for the case's dismissal, as our client had done nothing to become an "accessory" according to the legal definition, and the evidence suggested that the intention of the murder suspect was to retain an attorney prior to turning himself in. All charges were dismissed against our client.
Dismissed – Assault & Battery & Witness Intimidation – Essex County (Salem District Court – When a dispute emerged on a union-controlled jobsite between a union steward and several workers who were unqualified to be performing work they were, in fact, performing, local police sought charges against the steward, who consistently denied the charges and maintained his innocence. Despite the willingness of several witnesses to testify, we were successful in persuading the District Attorney's office to agree to a disposition that resulted in the dismissal of all charges.
Dismissed Prior to Arraignment – Assault & Battery – Middlesex County (Woburn District Court) – A family dispute between mother and son initiated court proceedings alleging Assault & Battery. Despite prosecutors' initial desire to charge and convict the teenaged son, counsel negotiated an Agreement in which the teenager was never even charged, a result that was fully supported by the teen's mother.
Dismissed – Operating Under the Influence of Drugs, Second Offense – Our client faced second-offense OUI charges after a rear-end accident led police to suspect that he was under the influence. At the pretrial phase, we argued that the Commonwealth was required to retain an expert to prove the charges; a position that the Court agreed with. In compelling the District Attorney's office to seek an expert, we were successful in obtaining a full dismissal of the case, as the District Attorney's office was unable and unwilling to continue with the case.
Not Charged – Rape – Middlesex Superior Court – When allegation surfaced between two former close friends, we quickly gathered evidence to dispel the allegations, including information obtained by a private investigator. Despite police attempts to charge client -- who consistently and steadfastly denied allegations while also providing evidence suggesting his innocence -- prosecutors never charged client after counsel reached out to assigned prosecutor and provided information suggesting client not culpable
Dismissed – Vandalism – Norfolk County (Dedham District Court) – Police investigated an incident in which the home of a schoolmate of our client had been seriously vandalized. While police and prosecutors indicated that the evidence pointed to our client, and sought a felony conviction, we were successful in persuading the District Attorney's office to agree to a resolution that resulted in the dismissal of all charges against our client.
Dismissed – Vandalism - Norfolk County (Dedham District Court) – After an incident in which police alleged that our client had damaged several business properties during a holiday weekend, we were told that police possessed video of the incidents. However, when police failed to produce the evidence as the videos, we took advantage of the Court's Order to produce the video, and negotiated a resolution in which all charges were dismissed against our client.
Dismissal of all counts in a high profile criminal embezzlement case
Prominent client in a commanding role of a public corporation charged with numerous counts of criminal embezzlement in Norfolk County. Criminal litigation attorneys deftly navigated through thousands of financial documents, conducted a multi-faceted investigation, and achieved dismissals for all counts in the case.
Dismissed - Attempted Murder - Norfolk County Superior Court - A street brawl that resulted in a life-threatening stabbing resulted in the arrest of several individuals, including our client, who was indicted on a theory of "joint venture." Despite conflicting evidence from several eyewitnesses, and the difficulty of reconciling conflicting accounts amid reports of serious intoxication of several of the witnesses, a Superior Court judge sided with our arguments in a Motion to Dismiss, and exonerated our client before a jury could be convened.
Dismissed - Over 50 Larceny Charges - Suffolk County (Chelsea District Court) - With a local media frenzy surrounding it, this case began with the prosecution seeking a five-figure cash bail, which the Court rejected after we argued our client's family ties and lack of criminal history to the Court. Still, media attention drove this case, in which a local businessperson was accused of defrauding hundreds of customers in the amount of over $60,000. The result, despite a lengthy paper trail: all charges dismissed upon the payment of restitution, including over one dozen felony charges, without any admission of guilt.
Dismissed - Uttering False Prescription - Norfolk County (Quincy District Court) - Our client had been charged with passing a bad prescription at a local pharmacy. Prosecutors sought jail time and believed their case to be strong due to the alleged eyewitnesses to the incident. However, we continued to fight the charge, which was ultimately dismissed on the trial date where no witnesses could positively identify our client as the perpetrator.
Dismissed - OUI, Third Offense - Norfolk County (Quincy District Court) - Our client had been charged by police in connection with an incident in which several eyewitnesses observed erratic operation and allegedly reported vehicle information and a plate number to police. However, the Court dismissed the case on a trial as prosecutors failed to call any witness who could positively identify the defendant.
Not Guilty - OUI, Third Offense - Norfolk County (Wrentham District Court) - Our client had been charged in connection with an that occurred on Interstate 95, in which police came upon him only after airbags had deployed and he was shaken up by a car accident. Still, police chose to charge him with Operating Under the Influence after he failed field sobriety tests and displayed erratic behavior. At a jury trial, however, police conceded that the defendant's behavior was in fact consistent with the behavior of a person who had just been involved in a motor vehicle accident. A jury exonerated our client.
Dismissed - OUI, Fourth Offense & Drug Possession - Plymouth County (Hingham District Court) - This was a highly contentious case in which police arrested our client in his own driveway, after allegedly observing our client operating without headlights, with a suspended license and driving erratically. A pocketknife allegedly provided reason to arrest him without performing field sobriety tests. However, after a pretrial Motions to Suppress, a judge concluded that (a) the police stopped the defendant at a time of day in which he was not required to have his lights on; (b) the search of our client that yielded the pocketknife was unlawful; and (c) the police had not checked his license that day to check his license status. The result: the case was dismissed in its entirety on the trial date, despite the existence of a breath-test reading. Additionally, we defeated prosecutors' attempts to seize and keep our client's van.
Not Guilty - OUI, Fourth Offense, Child Endangerment & Reckless Operation - Middlesex Superior Court, Lowell - After our client allegedly failed field sobriety tests along Interstate 495, he was arrested and indicted. It seemed that because this traffic stop resulted indirectly in another motor vehicle accident (involving police and a tractor-trailer driver, but not involving our client), and because his daughter was in the vehicle, prosecutors sought to impose an especially strong state prison sentence upon our client. However, our client maintained his innocence. After a jury trial in which at least one police officer mis-identified one of our attorneys as the defendant, our client was acquitted of all charges.
Complaint Denied - Motor Vehicle Homicide Quincy District Court- After a tragic accident on a narrow south-shore street in which our client was accused of negligently operating a motor vehicle causing the death of a pedestrian, police sought to issue a Complaint for vehicular homicide. Following a full evidentiary hearing that included eyewitness accounts and testimony from crash reconstruction experts for both prosecutors and for the defense, the Court accepted our client's account of the incident and refused to issues charges.
Complaint Denied - Restraining Order - Middlesex County (Woburn District Court) - While our client maintained that she had done nothing to intimidate or threaten her husband, he sought a restraining order nonetheless. We requested a full hearing and cross-examined the husband, and elicited testimony that showed an ulterior motive likely related to a divorce proceeding. Needless to say, the Court declined to extend the Order against our client.
Dismissed - Multiple Drug Possession Charges - Essex County (Lawrence District Court) - After our client, a young woman, was charged with several drug charges and was incarcerated at MCI-Framingham, we successfully invoked rarely-utilized Massachusetts laws that allowed her the opportunity to leave jail and enter inpatient drug treatment. Following her successful completion and upon proof of her (continuing) sobriety, we applied for dismissal of the charges. Despite prosecutors' objections, the Court dismissed all charges.
Not Guilty - Assault & Battery on a Police Officer (Cambridge District Court) - Middlesex County - Our client was one of nearly 100 patrons and members of the public who bore witness to a brawl outside a busy bar on a main urban thoroughfare. During the brawl, a police officer was seriously injured. While he did not see his attackers, several other officers stated that they observed our client, who steadfastly maintained his innocence from the beginning. After a three-day trial in which our client maintained his innocence and we pursued the defense of mis-identification, a jury acquitted our client despite the testimony of several police officers.
Conviction Overturned & Not Guilty - Indecent Assault & Battery - Middlesex County (Cambridge District Court) - Our client had been represented by prior counsel and received a "guilty" finding after trial. We successfully appealed to the Court for a new trial based on several errors of law during the first trial. The Court vacated the original conviction but granted a new trial. After a trial in which witnesses testified, including the complaining witness, our client was exonerated as we argued mis-identification.
Dismissed - Indecent Assault & Battery - Middlesex County (Cambridge District Court) - Our client had maintained his innocence from the beginning, despite the complaining witnesses' claims that she recognized him as a fellow patron at a local gymnasium. We argued that, while the two had in fact both been patrons at the gym, she had mis-identified him. When the complaining witness wavered in her commitment to our client's identification, prosecutors dismissed the case on the trial date.
Dismissed - Hazing - Suffolk County (Brighton District Court) - Our client had been charged along with several others, following a well-publicized incident in which college students had been allegedly hazed in a local fraternity house under somewhat brutal and inhumane conditions. Despite public outrage and media attention, we were able to work with the Court to obtain a full dismissal prior to any arraignment, protecting our client's clean criminal record.
Dismissed - Witness Intimidation & Assault - Suffolk County (Brighton District Court) - Our client, a student at a local university, had a falling our with friends, resulting in charges against him for allegedly making threatening gestures while several students were spending time in our client's apartment. Despite eyewitnesses consistently identifying our client, the charged were dismissed before trial.
Dismissed - Use Without Authority - Middlesex County (Concord District Court)- Our client, a local university student, had borrowed his father's rental car and was stopped for a minor civil traffic infraction. Believing he had stolen the car, police arrested him. Where is turned out that the father has merely forgotten - but intended to - include his son on the rental agreement, we were able to secure the dismissal of all charged against our client, including the minor motor-vehicle infraction.
Dismissed - Use Without Authority and Larceny of a Motor Vehicle - Plymouth County (Hingham District Court) - Our client had borrowed a "loaner" from a local car dealership while her vehicle was being repaired, and then was involved in a car accident. When the dealership could not locate our client, its employees contacted our client and arrested her for car theft. We were able to secure full dismissal of the charges prior to trial, where it was clear our client never intended to steal the vehicle, and in fact had it repaired and paid for by her own insurance company.
Dismissed - Assault & Battery - Norfolk County (Quincy District Court) - When our client's daughter called police due to a verbal altercation, and then told police he had hit her, he was arrested and charged. Our client's daughter was fearful of consequences to her because she had not been truthful with police, but still wanted to exonerate her father; however was afraid to come forward. We discussed these sensitive issues with the prosecutor and successfully obtained a full dismissal, prior to trial.
Dismissed - Criminal Harassment - Suffolk County (East Boston District Court) - Our client was an eccentric older man who had become frustrated with the conduct of people visiting the public park that abutted his property. Eventually., he allegedly became so fed up with the noise that he began to speak to people visiting the park, resulting in calls to police. Despite an initial push by police and prosecutors to convict him, and despite several eyewitness reports, we were able secure a full dismissal of the charges.
Dismissed - Assault & Battery / Criminal Harassment - Worcester County (East Brookfield District Court) - According to police and the complaining witness, our client had become enraged when his girlfriend told him she was leaving him and moving. While police and prosecutors sought conviction, we reached out to the complaining witness (our client's ex-girlfriend). Now out of state, she expressed regret for our client's arrest and asked to speak to prosecutors. After we put them in touch, the case was dismissed by prosecutors on the trial date.
Dismissed - Breaking and Entering & Drug Possession - Essex County (Salem District Court) - Our client, a young local college student, fell into a spiraling drug addiction that culminated with several arrests for drug possession and one alleged break-in to a notable independent retail store. Despite powerful evidence against our client, we reached out to business owners and ensured our client entered into and completed a drug treatment program. Following a contentious hearing in which prosecutors sought convictions and incarceration, the Court sided with our arguments and ordered a disposition that protected our client's record and compelled all charges to be dismissed.