2017 Final Case Results

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.

Roxbury District Court, July 27, 2017
MOTION TO VACATE PRIOR CONVICTION: Our client pled guilty in 1997 to Receiving a Stolen Motor Vehicle. In 2016 it came up when trying to renew his immigration status (he had a visa), causing deportation proceedings. He has three children, takes care of his elderly mother, and owns a tow truck business in Massachusetts. We filed a motion to vacate the plea on the grounds that the public defender who represented our client in 1997 did not properly investigate client's immigration status or advise client of the immigration consequences of pleading guilty.
RESULT: Motion allowed. Client may now renew his visa and stay in the United States.

Barnstable District Court, July 27, 2017
CHARGES: Operating with a suspended license, operating with revoked insurance, operating with a revoked registration.
RESULT: All charges dismissed upon the total payment of $100.

Quincy District Court, July 26, 2017
CHARGES: Operating Under the Influence of Alcohol, Negligent Operation of a Motor Vehicle. Our client was originally represented by a court appointed attorney shortly after his arrest in 2007. In 2008, that public defender encouraged our client to take a Continuance without a finding on the two charges, telling our client that such a disposition would lead to dismissal of the case. Unfortunately, the attorney did NOT inform our client that it could cause immigration consequences for him. In 2015, our client learned that because of the CWOF he pled to, he could not renew his visa and would be subject to deportation. We filed, argued, and won a motion to vacate his prior plea on the grounds that the public defender was ineffective as a matter of law. The case was reopened, and scheduled for trial. Prior to trial, we were able to file motions to have the breath test reading (.16) excluded, as proper foundational requirements were not filed. The Commonwealth would still move forward with the prosecution.
RESULT: On the day of trial, the Commonwealth did not have sufficient evidence to proceed. Case dismissed, and our client may now renew his visa.

Boston Municipal Court, July 17, 2017
CHARGE: Operating Under the Influence of Liquor. This case proceeded to trial, where the arresting state trooper testified that our client was weaving in and out of lanes on the highway, smelled like alcohol, had slurred speech, could not hold himself up without leaning for balance, and failed two field sobriety tests. At the police station, our client took a breath test resulting in a .07.
RESULT: Trial verdict of NOT GUILTY.

Worcester District Court, June 27, 2017
CHARGE: Domestic Assault and Battery. Our client was accused of beating up his live- in girlfriend. By the time the case was scheduled for trial, through, we had discovered significant inconsistencies in the allegations.
RESULT: Case dismissed.

Ayer District Court, June 26, 2017
APPLICATION FOR CRIMINAL COMPLAINT: The police department applied for a criminal complaint against our client for leaving the scene of property damage (hit and run).
RESULT: After a hearing, no complaint issued against our client.

Marlborough District Court, June 13, 2017
CHARGE: Operating Under the Influence of Drugs (Marijuana). Our client was arrested after a police officer saw him driving erratically, changing speeds, and stopping on the travel lane of the highway. The officer also noted our client's eyes to be bloodshot, his movements were slow and lethargic, and there was an overwhelming odor of burnt marijuana coming from his car. After a hearing on our motion to suppress certain statements, all statements that our client made relating to smoking marijuana earlier that evening were excluded from trial.
RESULT: Not Guilty after trial.


Chelsea District Court, May 23, 2017
CHARGES: Operating Under the Influence causing Serious Injury, Reckless Operation, 2 counts Assault and Battery on a Child with Substantial Injury, Assault and Battery with a Dangerous Weapon.  Witnesses stated that our client crossed over the median to strike another vehicle head- on. One adult and two children were taken to the hospital with injuries. EMS reported that upon their arrival, our client made statements about intentionally causing the accident, and they formed the opinion that she appeared highly intoxicated. Multiple empty "nip" bottles were located inside her car.
RESULT: After we filed numerous motions to exclude certain evidence, we were able to resolve this case for our client to her strong satisfaction. The OUI- serious bodily injury charge was amended down to the lesser charge of misdemeanor OUI; our client pled guilty to that offense and reckless operation, while the other three charges were dismissed.

Dorchester District Court, May 17, 2017
CHARGES: Assault and Battery on a Household Member, Witness Intimidation.
RESULT: After our investigation uncovered substantial bias and motive to fabricate these allegations, the case was dismissed by the Commonwealth.

Waltham District Court, May 11, 2017
CHARGE: Operating Under the Influence of Alcohol. Our client's car was parked in a Mobil gas station parking lot. The arresting officer had driven by and seen the car in the lot at midnight, then when he drove by again one hour later and the car was still in the same spot, the officer went to check on the car, which had its engine on, since the gas station was closed. Our client was sound asleep in the driver's seat. After a few minutes of trying to wake our client up, the officer was able to do so. The officer testified that a strong odor of alcohol came from inside the car, and our client did not even know what state he was in. Our client made some strange statements, did not perform well on the field sobriety tests, and was arrested.

While a parking lot is generally a public way because members of the public have a "right of access," and our client's car was seen there prior to the store closing, we filed a motion for the court asking for a required finding of not guilty. There is case law in Massachusetts demonstrating that when a business is closed, its parking lot is not necessarily a "public way" at that time, as members of the public would not then have a right to be there as invitees. Given that the only evidence of our client's impairment was from an hour after the business was closed, the government could not prove concurrence of the 3 OUI elements (operation, on a public way, while intoxicated). In other words, there was no evidence that our client was impaired while operating his car at the time he was on a "public way"- which would have been prior to the store closing- or whether he drank in the parking lot for an hour while the store was closed (and thus when it was not then a public way).
RESULT: NOT GUILTY by way of a motion for a required finding.

Chelsea District Court, April 7, 2017
MOTION TO VACATE PRIOR CONVICTION: Our client had a prior conviction after her plea to larceny over $250, a felony. This plea/ conviction was now coming back to harm her with immigration, and was going to be grounds for her deportation. We filed a motion to vacate this conviction on the grounds that her attorney at that time provided her with insufficient legal representation.
RESULT: The court allowed our motion to vacate the prior conviction, and the district attorney's office declined to reprosecute the case.

Lynn District Court, April 4, 2017
APPLICATION FOR CRIMINAL COMPLAINT: The Saugus Police applied for a complaint against our client for operating without a driver's license, after our client was involved in motor vehicle accident.
RESULT: After a clerk magistrate's hearing, no complaint issued against our client.


Boston Municipal Court, Dorchester Division, March 27, 2017
CHARGES: Possession of a False RMV document, Providing False Information to RMV to obtain a driver's license.
RESULT: After several pretrial hearings, our motion to suppress statements made by our client was allowed. Specifically, our client's statements to police, after being arrested, about how he obtained false documents, could not be used at trial because of various ways in which the police violated our client's rights before obtaining these statements. By the time we reached a trial date, the case was dismissed. This was significant because any sort of conviction or probation for these charges would have resulted in our client's deportation, as he is not a U.S. citizen. He is now applying for his green card.

Plymouth District Court, March 8, 2017
CHARGES: Operating With a Suspended License, Operating with Revoked Insurance.
RESULT: Dismissed prior to arraignment.

Somerville District Court, March 7, 2017
APPLICATION FOR CRIMINAL COMPLAINT: The Somerville police department applied for a felony criminal complaint against our client for the charge of indecent assault and battery. Our client was a senior at Somerville High School who had already been expelled as a result of this accusation. The complaining witness, a former girlfriend, claimed that the two bumped into each other in a school hallway when no one else was around, and that our client then accosted her and groped her against her rejections.
RESULT: After a full hearing, the clerk declined to issue a criminal complaint against our client.

Chelsea District Court, February 28, 2017
APPLICATION FOR CRIMINAL COMPLAINT: The MSPCA applied for a criminal complaint against our client for animal cruelty (felony), who left her dead dog outside their offices. After an investigation, the MSPCA found that our client took improper care of the dog, as it had defecated on itself, walked around with severe abrasions on its feet, and clearly it should have been taken for professional treatment months ago. Our position was that while our client was extremely wrong in the way she cared for the dog, she did in fact do what she thought, in her mind, was appropriate; the dog was found wearing a diaper, bandaged up, etc. Clearly, effort (albeit unsuccessful) to care for the dog had been undertaken. While clearly the dog should have been taken to a veterinarian, our client had no criminal intent to inflict abuse or gross negligence, and her conduct was not criminal.
RESULT: After a contested hearing against the MSPCA, the clerk agreed with our position and did not issue a criminal complaint. 

Boston Municipal Court, February 24, 2017
CHARGE: Operating Under the Influence, Negligent Operation. Client was arrested after a state trooper observed him operating 50 mph over the speed limit and driving erratically, mumbling his speech, smelling like the strong odor of alcohol, and failing several field sobriety tests.
RESULT: We were able to have this case transferred to the "Veteran's Court" session of the court based on our client's significant service to our country during Operation Iraqi Freedom. Pursuant to the Valor Act, our client will now received the treatment for his PTSD and alcoholism related to his service, after which the case will be completely dismissed without any adverse finding against him.

Boston Municipal Court, February 24, 2017
CHARGE: Operating Without a Valid License.
RESULT:
Dismissed.

Lawrence District Court, February 23, 2017
CHARGES: Malicious Destruction of Property over $250 (felony). Our client was charged with malicious destruction of property over $250 for admittedly damaging the car of someone with whom he was in a fight. This client was a previously convicted felon who had already served time in the house of corrections.
RESULT: After we filed several motions, the case was eventually dismissed.

Lawrence District Court, February 17, 2017
CHARGES: Possession of a Loaded Firearm *Probation Violation* This client hired us to represent him at his probation surrender hearing. He had previously been placed on probation with an 18 month suspended sentence hanging over him for this offense. The violation notice, alleging that he had failed to pay probation fees, report as required, and notify probation of his new address, caused him to be arrested and put into state custody pending a hearing. Probation provided notice that it intended to have him committed to serve the full 18 months of his suspended sentence.
RESULT: At the final surrender hearing, we worked out an agreement with probation whereby he admitted to violating probation and paid back the fees owed, and he would not have to serve any committed time. He was released that day.

Woburn District Court, February 16, 2017
CHARGES: Operating without a License. Our client had an arrest warrant out of Woburn District Court as he failed to appear at his previously scheduled court date, and he has a lengthy record of other criminal offenses.
RESULT: We removed his default warrant and were able to have the case dismissed upon his payment of $200.

Wrentham District Court, February 15, 2017
CHARGES: Resisting Arrest, Disorderly Conduct. Our client was arrested after an altercation with police at Gillette Stadium during the Countryfest concert. Given that he previously had similar charges and had served committed time in the past, the District Attorney's office was originally seeking a conviction and further committed time on this new case.
RESULT: On the scheduled trial date we had both charges dismissed upon the total payment of $300 in court costs.

West Roxbury Court, February 8, 2017
CHARGES: Trafficking Cocaine, Possession with Intent to Distribute Class B (Cocaine), and Conspiracy to Violate the Drug Laws. Our client was driving a car with her boyfriend riding passenger, and that boyfriend was found to have a significant amount of cocaine on him.
RESULT: All charges dismissed. Our client is now applying for citizenship.

Attleboro District Court, February 8, 2017
APPLICATION FOR CRIMINAL COMPLAINT: After witnesses identified my client's car as having struck a parked car in a Walmart parking lot, causing minor damage, then leaving, the North Attleboro Police Department applied for a criminal complaint against our client for leaving the scene of property damage
RESULT: After a full hearing, no complaint issued against our client.

South Boston Court, February 7, 2017
CHARGES: Operating Under the Influence of Alcohol. Our client was pulled over after a state trooper ran her license plate and determined her license was suspended. Upon speaking with her, the trooper noticed her eyes to be bloodshot and she smelled like alcohol. Our client performed decently on the field sobriety tests, but did admit to having 2-4 drinks in the previous hour and a half.
TRIAL VERDICT: Not Guilty.

Quincy District Court, February 2, 2017
CHARGES: Operating Under the Influence of Alcohol, Reckless Operation of a Motor Vehicle, Negligent Operation of a Motor Vehicle, Leaving the Scene of Property Damage  and Possession of Alcohol by a Minor. A citizen called the police station and identified our client's vehicle as having crashed into the median barrier and keep driving. The state police caught up to our client on the highway, observed her swerve across three lanes, cutting off several vehicles, and eventually our client stopped in the breakdown lane. Our client admitted to striking the median, and the trooper observed her to be slurring her words and with an open bottle of vodka in the rear seat. Our client failed several field sobriety tests and blew a .14 on the breath test at the station.
RESULT: We were able to have four out of the five charges (OUI, Reckless Operation, Leaving the Scene, Possession of Alcohol by a minor) ALL dismissed outright. Our client took a CWOF with administrative probation for one year only on the one count of negligent operation. The court did not suspend her license, she was not required to pay any fines, and her motor vehicle insurance did not go up as a result of this disposition.

Haverhill District Court, January 31, 2017
CHARGE: Operating Without a License.
RESULT: Dismissed on $200 court costs.

South Boston District Court, January 30, 2017
APPLICATION FOR HARASSMENT PREVENTION ORDER: Our client was accused on multiple occasions of harassment that qualified for such an order to be granted against her if the court credited the accusations.
RESULT: We were able to resolve the matter without the hearing against our client. No harassment prevention order was issued by the court.

Brighton District Court, January 26, 2017
CHARGE: Operating Under the Influence of Alcohol.
RESULT: After discussions relating to the admissibility of the breath test in this particular case, the district attorney's office agreed to a six month general continuance (NO admission or CWOF), and so long as our client does not drink alcohol during those six months, the case will be dismissed. The criminal charges will not appear on his driving record or effect his motor vehicle insurance, his license will not be suspended, and this case will not count as his "first offense" if he is ever arrested for a similar offense in the future.

East Boston District Court, January 23, 2017
APPLICATION FOR CRIMINAL COMPLAINT: The Boston Police Department applied for a criminal complaint against our client for possession of class B (cocaine).
RESULT: After a hearing the clerk magistrate declined to issue a formal criminal complaint against our client.

Chelsea District Court, January 13, 2017


APPLICATION FOR CRIMINAL COMPLAINT: The Revere Police applied for a criminal complaint against our client for the following charges: Unlicensed Operation of a Motor Vehicle, Unregistered Motor Vehicle, Attaching False Plates, Uninsured Motor Vehicle.
RESULT: After a hearing, no complaint issued against our client.
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