RESULTS

SUCCESSFUL OUTCOMES FOR MY CLIENTS

Charge of Assault and Battery with Dangerous Weapon
NOT GUILTY TRIAL VERDICT

My client charged with attacking man with a baseball bat after finding his girlfriend at the man’s home at 8AM. The victim first attacked and chased my client with a big knife in one hand and a pickaxe in the other hand. Client responded by taking baseball bat from his truck and striking victim’s truck. Police arrived and arrested both men. At trial, victim testified along with two witnesses, his mother and next-door neighbor. I argued self-defense. After jury trial, client found NOT GUILTY.

Charge of Larceny Over $250
NOT GUILTY TRIAL VERDICT

My client, a fifteen-year-old high school sophomore was charged with stealing another student’s IPod. The IPod was discovered in the client’s school locker and she was arrested. At jury trial, the victim and her friend testified against my client. Proof established at trial that victim had access to my client’s locker. Jury deliberated for only 15 minutes. Result: client found NOT GUILTY.

Charge of Assault and Battery on State Employee
NOT GUILTY TRIAL VERDICT

My client was incarcerated in state prison and charged with assault and battery of a corrections officer. Several officers arrive to help stop the altercation. Officer was slightly injured and client badly injured. Three video cameras in use, but each malfunctioned. Defense argues self-defense and calls thirteen witnesses, all state employees. After two-day jury trial, client found NOT GUILTY.

Charge of Larceny Over $250
NOT GUILTY TRIAL VERDICT

My client purchased electronic devices at Kmart with forged traveler’s checks. Store video captured him shopping and paying at counter and pushing full shopping cart out the front door. Police were called and linked this case to similar traveler’s checks case in another town a few months earlier where my client was arrested and found guilty. My client was located and charged with Kmart theft. On day of trial, store video was played for jury and for store detective witness, who testified he could positively identify the customer in the video as my client. I argued lack of identification. Result: after jury trial, client found NOT GUILTY.

Charge of OUI Drugs, Third Offense
NOT GUILTY AND NO TRIAL

My client was arrested for driving under the influence of drugs after state police stops his car on Rt.495 for erratic driving. He had been convicted of OUI twice before in Massachusetts. Soon after his arrest, police noticed his lethargic condition and took him to hospital, where he was admitted for three days due to drug overdose. After investigation, I learned my client was severely mentally ill, distraught and took massive amount of prescription medications to commit suicide, then proceeded to drive home to see his mother. Consulted with forensic psychologist expert witness who evaluated client and determined he was trying to commit suicide when he decided to drive, and he could not appreciate the wrongfulness of his driving – his mental health was the cause of his impairment, not the taking of the drugs. The prosecutor did not argue against my conclusion, and the judge found my client NOT GUILTY due to his lack of criminal responsibility.

Charge of Assault and Battery With Dangerous Weapon
MISTRIAL DECLARED

My client was incarcerated in state prison with long history of prison violence. Charged with beating up another inmate. One inmate and three corrections officers witnessed the fight. At trial, victim did not testify because he had been deported from US. Three corrections officers testified against my client. Video in use did not capture the event. Inmate witness planned to testify to what he saw, that the victim attacked my client. When the inmate witness did testify, he said he saw nothing. At the lunch recess, I spoke to the inmate witness who told me he changed his story because a corrections officer was in the courtroom staring at him while he testified, and he was afraid the officer would retaliate against him later for testifying. I assured the witness he would be protected, and he decided he did want to testify truthfully. When the trial resumed, I informed the judge of this event, and he allowed the witness to testify again to the fight and to the officer in the courtroom before lunch. After the trial, the jury deliberated for six hours and could not reach a verdict. Result: the judge declared a MISTRIAL.

 

Charge of OUI Drugs
CASE DISMISSED BEFORE TRIAL

My client, a 48-year-old working mother arrested after pulling off the road when ill. Arrested for driving under the influence of drugs. She had no record and had never been in court before. Facing loss of job and professional license if convicted. Police expert ready to testify client was driving impaired by drugs. Using forensic pharmacology expert, I determined my client was taking medications as prescribed and blood tests showed no other drugs/medications in her system at time of driving. After negotiating with prosecutor and showing and explaining the science of toxicology, that the Commonwealth could not prove their case at trial, prosecutor decided to dismiss the OUI charge. Result: case DISMISSED before trial date.

Charge of Leaving Scene of Property Damage
DISMISSED AT CLERK-MAGISTRATE HEARING

My client, an Ohio resident and 59-year-old long distance truck driver with more than 3 million miles logged as commercial driver. While driving his tractor-trailer, he was stopped by state police after another motorist complained the truck had struck his car on Rt. 495. Damage on truck matched damage to motorist’s car. My client received citation and notice to appear in court. A conviction would mean loss of commercial driver’s license and loss of job. At Clerk-Magistrate hearing, I argued that the motorist was driving with suspended license and had caused the minor accident with the truck. After the hearing, case DISMISSED. No conviction, no criminal record, and no driver’s license implications.

Charge of Possession With Intent to Distribute Drugs
DISMISSED ON DAY OF TRIAL

My client lived in New Jersey with wife and children, seeking to become a U.S. citizen. Had unresolved 16-year-old Massachusetts drug case, which prevented citizenship. Client facing deportation. I was retained to resolve drug case. After investigation, I determined that all police officers involved were still on the police force and that the police still had all the drug evidence. Worked on the case for almost two years, and ready to defend client on day of jury trial. One police officer did not come to court on trial day and prosecutor tried to convince judge to postpone the trial. I argued that after 18 years, the prosecutor had plenty of time to get ready for trial. Judge agreed, and dismissed all charges against my client. Result: CASE DISMISSED on day of trial. Client now a U.S. citizen.

Charge of Threat To Commit Crime
DISMISSED AT CLERK-MAGISTRATE HEARING

My client, a fifteen-year-old high school sophomore client in shop class, becomes frustrated while working on project and says, “I’m going to rage quit and blow up the school.” He and other students laugh because they know rage quit is Internet slang for quitting a video game. Teacher, however, hears the comment and brings client to principal’s office for making threat to blow up the school. Client is honor student with perfect attendance record, recently invited to join National Honor Society. He met with principal and school police officer, then suspended from school for five days. At Clerk-Magistrate hearing, police supervisor testifies. I argue that my client had no intention of making a threat and was simply frustrated at his project, and understands he used a poor choice of words. After I explained the meaning of rage quit using documentation from the Internet, the Clerk Magistrate agreed with me and DISMISSED the application for a complaint. Case concluded, no criminal record.