Due to my client being a Military Veteran, I was able to get him into a Pre-Arraignment Diversion Program, which my client successfully completed. The matter was then dismissed prior to arraignment, meaning that the charge never appears on my client’s criminal record.
After I filed a Motion for a New Trial to re-open this matter from a 2005 conviction and obtain a new trial, the charges were dismissed prior to Bench Trial. The alleged victim invoked her Fifth Amendment Right Against Self-Incrimination and the matter was dismissed due to insufficient evidence.
On date of Jury Trial, Commonwealth dismissed the OUI Second Offense. The Defendant received probation on the Negligent Operation Charge with no conviction nor license loss associated therewith.
22 years after an OUI conviction, the Massachusetts RMV suspended the Operator’s Driver’s License unless he installed an ignition interlock device in his vehicle for 2 years. After the Appeal Hearing, the Board of Appeals sided with me and granted the Operator’s Driver’s License back without the requirement of the Ignition Interlock Device.
The Defendant was originally charged with Assault and Battery with a Dangerous Weapon (a Felony). Through a Motion to Dismiss, I was able to have the charge reduced to misdemeanor Assault and Battery. Case was dismissed on the date of Jury Trial due to insufficient evidence.
On the day of Trial, I was able to convince the Commonwealth to reduce the charge to misdemeanor Assault and Battery. The Defendant received probation with no condition of having to register as a sex offender.
Incident involved a single motor vehicle accident in which the Defendant was taken to the Hospital for Treatment. The Defendant’s blood was drawn at the Hospital. During the Bench Trial, I was able to prevent the blood draw results from being introduced as evidence against my client. Defendant found Not Guilty of OUI after Bench Trial. Prior to trial, Defendant admitted to the Negligent Operation Charge and received administrative probation with a non-conviction disposition with no license loss associated therewith.
Defendant was also charged with Unarmed Burglary, but that charge was dismissed prior to trial. The matter was dismissed on the Jury Trial date due to insufficient evidence against my client.
Defendant found Not Guilty of OUI after Bench Trial. Prior to trial, Defendant admitted to the Negligent Operation Charge and received administrative probation with a non-conviction disposition with no license loss associated therewith.
1 Charge of Discharging a Firearm within 500’ of a dwelling and 1 Charge of Unlawful Possession of a Firearm. Case involved an alleged shooting at a Yarmouth Hotel. The Case was dismissed by the Commonwealth prior to trial due to insufficient evidence against my client.
I filed and argued motions to suppress statements of the defendant, field sobriety results, and the breath test results. The Commonwealth assented to all of my motions to suppress and the OUI charge was dismissed.
Indecent Assault and Battery (charge was originally Rape), Strangulation/Suffocation, and Assault and Battery on a Family/Household Member. The charges were dismissed prior to Jury Trial. The alleged victim invoked her Fifth Amendment Right Against Self-Incrimination and the matter was dismissed due to insufficient evidence.
1 Charge of OUI and 1 Charge of Negligent Operation of a Motor Vehicle. Defendant found Not Guilty of OUI after Bench Trial. Prior to trial, Defendant admitted to the Negligent Operation Charge and received administrative probation with a non-conviction disposition with no license loss associated therewith.
Charge of Assault and Battery on a Family/Household Member and 1 Charge of Malicious Destruction of Property. Case dismissed due to insufficient evidence on date of Trial.
I represented my client at a Show Cause/Magistrate’s Hearing prior to the issuance of a criminal complaint in this matter. After a hearing before the Clerk-Magistrate, the case remained open with the clerk for 3 months. Provided my client picks up no further criminal offenses during the 3 month period, the case is dismissed and will never appear on her criminal record.
I filed a Motion to Suppress any and all items found due to an unlawfully issued search warrant not based on Probable Cause. The Judge allowed the Motion to Suppress. All charges in this matter were dismissed.
I filed and argued a Motion to Dismiss prior to Arraignment. The Judge allowed the Motion to Dismiss prior to Arraignment due to the fact that no Show Cause Hearing was conducted prior to the issuance of the Criminal Complaint.
Case was dismissed by the Judge after I filed and argued a Motion to Dismiss that no criminal charges should have ever been issued because of a lack of Probable Cause.
The Juvenile was allowed into the Cape Cod and Islands District Attorney’s Pre-Trial Diversion Program. As long as the Juvenile successfully completes this program, he will not have to appear in Court and this incident will not cause the Juvenile to have a criminal record.
The alleged victim was stabbed in this incident and taken to the hospital for treatment. Our defense to this matter from the beginning was mistaken identity. At Jury Trial, the case was dismissed due to insufficient evidence.
Charge dismissed prior to trial as wife invoked her marital privilege not to testify against the Defendant, leaving the Commonwealth with insufficient evidence to prosecute it’s case.
The Trial Judge allowed our Motion and ordered the Massachusetts Registry of Motor Vehicles to immediately restore my client’s driver’s license which had been suspended for 3 years for a breath test refusal upon his arrest in this case.
I filed a Motion to Dismiss arguing that under the circumstances of the case, the offense of Unlawful Possession of a Large Capacity Firearm was civil and not criminal. The prosecutor agreed. The Unlawful Possession offense was dismissed. The Defendant admitted facts to the misdemeanor Improper Storage of a Firearm and received a 6 month probationary period in which disposition did not count as a conviction for the offense. As long as the Defendant stays out of trouble for 6 months, the case will be dismissed.
All charges dismissed on $750.00 Court Costs. I filed a Motion to Dismiss that under the circumstances of the case, the offenses were civil and not criminal. The prosecutor agreed. We agreed to pay $750.00 in Court Costs for dismissal versus a $1,700.00 civil fine he otherwise would face.
Charges dismissed at Jury Trial as Defendant and his wife (the alleged victim) each invoked their martial privilege not to testify against each other in a criminal cross-complaint scenario.
Case dismissed prior to Arraignment (which means case never appeared on Defendant’s Criminal Record) as restitution in full had been paid prior to the Criminal Process being filed.
Charges dismissed after Judge allowed my Motion to Dismiss due to lack of probable cause presented to the Clerk-Magistrate prior to the issuance of the criminal complaint.
I was able to request a Show Cause/Magistrate’s Hearing prior to the issuance of a criminal complaint in this matter. After a hearing before the Clerk-Magistrate, the case remained open with the clerk for 1 year with conditions of Juvenile completing a safe driver’s program and performing community service.
Defendant found Not Guilty of the OUI after Trial by Jury. Defendant was found Guilty of the Negligent Operation charge, but that was our Trial strategy (Defendant was not drunk, he was just a poor driver). A Conviction of the lesser charge of the Negligent Operation charge has less harsh penalties than an OUI second Offense.
Prior to Trial, the Commonwealth dismissed the OUI and Leaving the Scene charges. Defendant received a Continuance without a Finding of Guilty (“CWOF”) on the Negligent Operation Charge for 1 year (this is a non-conviction form of probation in which the Defendant did not incur a suspension of his driver’s license). Case to be dismissed after 1 year if Defendant successfully completes probation.
Defendant’s Motion to Dismiss so much of the Indictment that Alleged “Intent to Distribute” was allowed by the Court. The Defendant then entered a change of plea on the reduced charge of simple Possession of Fentanyl and received 1 year probation on the reduced misdemeanor charges.
Charges reduced from 3 counts of rape to remain within the Jurisdiction of the District Court. The Defendant was found Not Guilty on all 3 counts after a Trial by Jury.
The Commonwealth filed a Nolle Prosequi of the case at the Probable Cause Hearing, meaning it chose not to prosecute the case due to insufficient evidence against the Defendant.
Sentence Appeal of State Prison Sentence imposed after Trial in Barnstable Superior Court for Failure to Register as a Sex Offender, Subsequent Offense (Defendant was only convicted of Underlying Failure to Register, no subsequent offense). After Trial, Defendant sentenced to not less than 3 and ½ years nor more than 4 years State Prison. Sentence Appeal allowed by Suffolk Superior Court Appellate Division, Sentence reduced to not less than 2 years nor more than 3 years State Prison.
Charges- two (2) Counts of Indecent Assault and Battery on a Person Age 14 or Over (Charges reduced from 2 counts of Rape to remain within the Jurisdiction of the District Court. Defendant Found Not Guilty on both counts after Bench Trial).
Charges - Carrying a Firearm Without a License and Improper Storage of a Large Capacity Firearm. Charges dismissed at Jury Trial due to insufficient evidence for the Commonwealth to proceed.
Charges - Negligent Operation of a Motor Vehicle, Leaving the Scene after Causing Property Damage, and Failing to Stop for Police. Charges dismissed after Judge allowed Motion to Dismiss for failure to give a citation to the Defendant at the time and place of the offense. *Defendant was also initially charged with OUI alcohol, but Magistrate dismissed that charge at a Show Cause Hearing.*
Case dismissed after Judge allowed Defendant’s Motion to Suppress unlawful search and seizure of the Defendant and his Apartment and Vehicle by Parole Officer. Judge further found that Search Warrant obtained after illegal search was obtained without Probable Cause and was invalid.
Charges Assault and Battery by Means of a Dangerous Weapon, to wit a Knife. Case involved a stabbing in the town of Hyannis, Massachusetts. Commonwealth moved to hold the Defendant without bail on a Dangerous Petition. After Hearing, judge did not hold the Defendant without bail and released him on conditions of release.
Charges - Aggravated Rape of a Child and Indecent Assault and Battery on a Person under 14 Years of Age. The Commonwealth filed a Nolle Prosequi 3 days prior to trial, meaning it chose not to prosecute the case due to insufficient evidence.
This was a 2016 case in which I filed a Motion for New Trial due to Issues with Breathalyzer Tests used during that time period. Motion for New Trial was allowed. At Pre-Trial Hearing, Commonwealth dismissed the OUI charge and the Defendant agreed to pay fines on civil motor vehicle offenses to resolve the case.
Charge - Assault and Battery. Case dismissed at a Show Cause Hearing due to lack of Probable Cause to issue a Criminal Complaint. As such, the Juvenile was never arraigned in Court nor did she develop a criminal record.
Charge - Violation of 209A Abuse Prevention Order. Case dismissed after Judge Allowed Defendant’s Motion to Dismiss as there was no Probable Cause for the issuance of the criminal complaint in this matter.
Charges - OUI Second Offense, Negligent Operation of a Motor Vehicle, Speeding, and Marked Lanes Violation. On trial date, Commonwealth dismissed the OUI Offense outright, due to insufficient evidence. The Defendant received probation on the lesser charge of Negligent Operation of a Motor Vehicle. Judge allowed Defendant’s motion to re-instate his driver’s license which was suspended for 3 years for refusing the breathalyzer test.
Charge - Assault and Battery. Case dismissed at a Show Cause Hearing due to lack of Probable Cause to issue a Criminal Complaint. As such, the Juvenile was never arraigned in Court nor did he develop a criminal record.
Charges - OUI and Negligent Operation of a Motor Vehicle. Commonwealth dismissed OUI and the Defendant received 1 year CWOF (probation which does not amount to a conviction) on the Negligent Operation charge.
Charge - Possession to Distribute Cocaine (charge was initially trafficking Cocaine but was reduced to remain in District Court). Case dismissed after Judge allowed Defendant’s Motion to Suppress for unlawful search of his property.