2018 Final Case Results Part 2
Milford District Court, June 29, 2018
CHARGE: Permitting an unlicensed driver to operate a motor vehicle . Our client was charged with allowing an unlicensed driver to operate his motor vehicle. The unlicensed driver was charged with operating the vehicle while under the influence and causing serious bodily injury to an off- duty police officer. The officer required hospitalization and was on leave from work for months as a result of his serious injuries. Our client, not being a citizen, was facing immigration consequences if convicted.
RESULT: Eventually, the case against our client was dismissed upon the payment of court costs.
Boston Municipal Court, Central Division, June 20, 2018
APPLICATION FOR CRIMINAL COMPLAINT: Boston Police Detectives applied for a criminal complaint against our client on the charges of Assault and Battery and Malicious Destruction of Property . Our client is alleged to have exited his vehicle during the course of a "road rage" type incident, approached another vehicle, punched the driver, and kicked his mirror off of his car.
RESULT: After a hearing, no criminal complaint issued against our client.
Haverhill District Court, June 12, 2018
CHARGES: Count 1: Carrying a Firearm without a License (felony, mandatory minimum 18 months house of corrections), Count 2: Possession of Ammunition without an FID card, Count 3: Possession of a Large Capacity Firearm (felony- minimum mandatory 2 years state prison). Our client was charged with these very serious offenses that if convicted would have landed him in state prison for a minimum of 2 years, not to be paroled a day before serving that full sentence. We fought this case for a period of six months after which we were eventually able to keep this case out of Essex Superior Court and resolve very favorably for our client in Haverhill District Court.
RESULT: Counts 2 and 3 dismissed outright. Count 1 amended to a lesser offense (misdemeanor), client received 10 days to serve in the house of corrections followed by a year of probation.
Quincy District Court, June 7, 2018
CHARGE : Operating Under the Influence of Alcohol, 2nd offense . The jury in this case heard that our client was pulled over for a damaged/ non- working taillight. Officers observed an odor of alcohol on his breath, and his eyes appeared to be bloodshot and glassy. When asked, he admitted to drinking three alcoholic beverages that evening. He was asked to recite the alphabet, perform the nine- step walk and turn test, and the one- leg stand balancing test. Officers found that he did not pass these tests. Attorney Urbelis performed a lengthy cross- examination of the arresting officer to cast doubt on the government's case.
JURY VERDICT : Not Guilty.
Quincy District Court, June 6, 2018
CHARGES : Domestic Assault and Battery, Malicious Damage to a Motor Vehicle (felony). Our client's girlfriend accused him of grabbing the steering wheel of her car while she was driving and swerving it into a guardrail, causing significant damage to the car. She also stated that he shoved her in the chest.
RESULT : After approximately 8 months, were able to have this case dismissed.
Quincy District Court, June 6, 2018
CHARGES : Strangulation or Suffocation (felony), Domestic assault and battery . Our client's husband accused him or pushing her onto the ground and then choking her by putting his hands around her neck, although she did not lose consciousness.
RESULT : Both charges dismissed.
Cambridge District Court, June 5, 2018
CHARGES: Domestic Assault and Battery, Assault and Battery with a Dangerous Weapon (felony). Police responded to an incident between our client and his girlfriend at a hotel. Upon arrival, the police concluded that our client had attacked his girlfriend, broke a glass table, and threw a piece of broken glass at his girlfriend, whose arm was bleeding profusely. He was subsequently arrested. After hiring our firm, we filed a motion to suppress significant evidence and records from being used at trial. The court allowed our motion.
RESULT: Case dismissed.
Peabody District Court, May 31, 2018
CHARGES: Illegal Possession of a Firearm, Possession with intent to Distribute Class A (heroin), Conspiracy to Violate the Drug Laws, Possession with intent to distribute in a school zone . All four of these charges are felonies. Our client was a co- defendant along with her boyfriend, alleged to have committed all of these offenses after a search warrant was executed on her home. If convicted, our client faced significant jail time as well as inevitable deportation, as she is not a citizen.
RESULT: Eventually, all charges were dismissed. Our client remains a free woman, and not subject to deportation.
Lawrence District Court, May 22, 2018
MOTION TO VACATE PRIOR GUILTY PLEA : Our client retained our services after his immigration attorney informed him that his guilty plea to several criminal charges in 2013 was causing him to be denied his green card. After reviewing his case, we discovered several ways in which we believed his court- appointed lawyer for those charges was ineffective as a matter of law, and for those reasons his guilty plea should be vacated. We filed a detailed motion which was allowed by the court.
RESULT : Guilty pleas vacated.
Natick District Court, May 14, 2018
APPLICATION FOR CRIMINAL COMPLAINT: Assault and Battery . Natick Police responded to a local bar on a report of an assault and battery. Their investigation, including several witness interviews, led them to conclude that our client had in fact slapped a female outside of the bar. The Natick Police applied for a criminal complaint against our client, which would have had drastic consequences for him as he was on probation at the time.
RESULT: After a clerk magistrate's hearing, no complaint was issued against our client.
Quincy District Court, May 10, 2018
CHARGE : Use of a Motor Vehicle without Authority . Our client's ex- girlfriend called the police after he allegedly gained access to her car keys and took her car without her permission, leaving her stranded without any transportation. Our client was subsequently arrested.
West Roxbury District Court, May 4, 2018
APPLICATION FOR CRIMINAL COMPLAINT: Malicious Destruction to Property . Our client was involved in a road rage incident. He was riding a bicycle and had an altercation with the driver of a vehicle, during which our client smashed the driver's side mirror off of the car. An officer was nearby to witness the altercation and applied for a criminal complaint against our client, after our client admitted to causing the damage to the vehicle.
RESULT: After being hired, we were able to resolve this case prior to any criminal complaint issuing against our client. His record remains clean.
Lynn District Court, May 1, 2018
CHARGE: Assault and Battery on a Child Under 14 (felony). Our client, a native of Guatemala, was charged after a complaint was made to DCF regarding his abusing his 8 year old daughter with a belt. Our client admitted that he committed this offense. After we raised significant trial issues with the government, including the defense of reasonable parental discipline, the government agreed to a general continuance for one year, with the condition that our client complete a parenting course.
RESULT: So long as our client completes the parenting course, the charge will be dismissed after one year with no conviction or admission of wrongdoing. This was very important for our client, as any sort of plea would have caused his deportation.
Barnstable District Court, April 27, 2018
CHARGE: Leaving the Scene of Property Damage . Our client was alleged to have caused an accident resulting in damage to another vehicle and then take off without stopping.
RESULT: General continuance for six months after which the case will be dismissed without any conditions.
Quincy District Court, April 26, 2018
CHARGES : Malicious Destruction of Property over $250 (felony), Animal Cruelty (felony), Assault and Battery on a Person over 60 (felony), Assault with a Dangerous Weapon (felony), Assault and Battery, Resisting Arrest . Our client was accused of going on a rampage in her own house. She was accused of breaking furniture, threatening to kill her mother, punching her mother and grandfather in the face, and kicking her dog. When police arrived, our client is alleged to have been swearing at them, refusing to cooperate with their instructions and refusing to be placed in handcuffs, physically preventing such from happening.
RESULT: We were able to have every charge dismissed except for the resisting arrest charge, for which our client received a CWOF and one year of probation. So long as she completes probation without any problems, this charge will also be dismissed with no conviction on her record.
Dudley District Court, April 23, 2018
APPLICATION FOR CRIMINAL COMPLAINT: The police applied for a criminal complaint against our client, an 18 year old high school student, for the charges of possession of alcohol under the age of 21, and providing alcohol to minors . After two fifteen year old female students were rushed to the hospital with alcohol poisoning, an investigation uncovered that our client had provided them with the liquor.
RESULT: After a hearing, the clerk magistrate declined to issue a criminal complaint against our client.
Lawrence District Court, April 10, 2018
CHARGE: Operating Under the Influence of Alcohol, 3rd Offense . Our client was facing a minimum mandatory sentence of six months committed to the house of corrections if convicted of this offense. We took this charge to trial in front of a jury. At trial, a Sergeant with the Massachusetts State Police testified that our client was driving approximately 100 m.p.h. on the highway and it took a bit for the Sergeant to catch up to him. When he pulled our client over, our client stopped his car in the travel lane. The Sergeant testified that our client had bloodshot, glassy eyes, smelled like an alcoholic beverage, and instead of handing the Sergeant his license as the Sergeant requested, he handed him the female passenger's license. When he was asked to exit his car, our client was unsteady on his feet and had to balance himself on the car. The Sergeant testified that our client appeared "drunk." After a blistering cross- examination of the Sergeant by Attorney Urbelis, the government's case against our client appeared extremely weak, and the jury returned a verdict after less than 10 minutes of deliberations.
RESULT: Not Guilty.
Quincy District Court, April 3, 2018
CHARGE : Rape . Our client was arrested for felony rape which carries up to life in state prison. An acquaintance accused him of having sex with her while she was sleeping. After a thorough investigation, we were able to completely discredit the accuser with her motive to lie and proof that she had in fact lied in several instances to police during the course of the investigation. As the accuser then was potentially facing her own prosecution for misleading police, the case was dismissed before our client was ever indicted by a Grand Jury in Superior Court.
RESULT : Case dismissed.
East Boston District Court, March 22, 2018
CHARGES: 3 counts of malicious destruction of a motor vehicle (felony). Our client was charged with these felonies and released on bail. He then hired our firm. We filed several motions in this case, and ultimately filed a motion to dismiss.
RESULT: Motion to dismiss allowed.
Lawrence District Court, March 20, 2018
CHARGES: Possession of false identification, minor in possession of alcohol . Our client was an 18 year old college student who used a fake ID to purchase alcohol at the local liquor store. Undercover police approached him in the parking lot and arrested him. He then hired our firm.
RESULT: We were able to take the case out of the criminal system before he was arraigned in court. Contingent upon our client staying out of trouble for six months and performing some community service, the case will never be entered into the system at all and his record will remain clean.
Quincy District Court, March 6, 2018
CHARGES: Possession of Class A, subsequent offense ; Misleading a Police Investigation . Our client and his girlfriend were stopped in a shopping plaza parking lot. Police observed our client place items into his mouth suspected to be drugs, and swallow them. Police also observed our client's girlfriend shove items into the center console later discovered to be drugs. We filed a motion to dismiss both of these charges based on a lack of probable cause relating to our client, and the Commonwealth opposed our motion.
RESULT: Motion to dismiss allowed, both charges dismissed.
West Roxbury District Court, February 27, 2018
APPLICATION FOR CRIMINAL COMPLAINT: Operating with a Revoked License . Our client was cited by the Massachusetts State Police for driving after his license had been revoked for computer fraud. He hired our firm to represent him at the clerk magistrate's hearing .
RESULT: After a full hearing, the magistrate did not issue a criminal complaint against our client.
Quincy District Court, February 23, 2018
CHARGES: Larceny over $250 (felony), malicious destruction of property over $250 (felony). Our client was arrested after stealing thousands of dollars worth of merchandise from Macy's. Additionally, some more items that she stole were recovered and damaged in the amount of $820.
RESULT: After several court appearances, our firm was able to resolve the matter with pretrial probation (no admission of wrongdoing), where the case will be fully dismissed after six months as long as she pays restitution to Macy's.
Quincy District Court, February 21, 2018
CHARGE : Domestic Assault and Battery . Our client was charged with committing an assault and battery against his wife. As an immigrant, unfamiliar to the system, he and his wife attempted to speak with the prosecutors to "drop the charges" which he soon realized had only created bigger problems for himself. At that point, he hired our firm to represent him. We went through the prosecution and fought aggressively to have the charges dismissed.
RESULT : Case dismissed.
Framingham District Court, February 7, 2018
CHARGE : Operating Under the Influence of Alcohol . Our client was pulled over in Framingham at 1 am on her way home from an event in Boston. She pulled over without any problem. The arresting officer testified at trial that our client smelled like alcohol and had bloodshot, glassy eyes. She also testified that our client admitted to having her wine glass refilled several times at the event, and that our client performed poorly on the field sobriety tests. On cross examination, Attorney Urbelis got the officer to admit that our client performed these field sobriety tests on a very cold January evening, in a skirt and heels, likely for the first time in her life, under the threat of arrest. The arresting officer also admitted that our client remained polite, cooperative, and responsive to questions.
JURY VERDICT : Not Guilty.
Malden District Court , February 1, 2018
CHARGE: Operating Under the Influence of Alcohol . The arresting officer testified at trial that he first observed our client speeding, committing several marked lanes violations, and at one point driving with his entire car on the wrong side of the road. He also testified that our client smelled like alcohol, had slurred speech, and admitting to having four or five beers that evening. The officer also formed the opinion that our client failed two field sobriety tests. In front of the jury, Attorney Urbelis utilized several aggressive cross- examination techniques to cast doubt on the Commonwealth's case against our client.
JURY VERDICT: Not Guilty.
Chelsea District Court, January 30, 2018
MOTION TO VACATE PRIOR CONVICTIONS : In 2002, our client pled guilty to 3 separate counts of malicious destruction of property worth over $250 (felonies). He was not a citizen, but rather had Temporary Protected Status (TPS) to be in this country. However, as a result of these felony convictions, he was now facing deportation, and hired our firm to review his legal options. Upon review, we found that his attorney in 2002 had provided ineffective assistance of counsel. We filed motions and had argument, and the court ultimately agreed, allowing our motion.
RESULT: Motion to vacate 2002 guilty pleas allowed, client's deportation no longer imminent. He now remains in the USA with his young daughter.
Quincy District Court, January 18, 2018
CHARGES: Assault and Battery with a Dangerous Weapon (felony), Carrying a Dangerous Weapon (felony). Our client was accused of being involved in a road rage incident. He was alleged to have driven after a pedestrian, stuck him with his vehicle, and then use a baton to strike the man. Our investigation led us to locate an non- involved citizen who told a completely different version that that of our client's accuser.
RESULT: Both charges dismissed.
Quincy District Court, January 11, 2018
CHARGES: Assault and Battery with a Dangerous Weapon (felony), Assault and Battery on a Household Member . Our client was arrested after his girlfriend called the police. She accused our client of slamming his fist through a plexiglass door, breaking the glass over her. Police investigated and observed lacerations on our client's face and arms. Our client denied his girlfriend's version of events, claiming that she pushed him into the plexiglass door.
RESULT: After numerous court appearances, we were eventually able to have both charges dismissed.
Dedham District Court, January 9, 2018
CHARGES: Attempted Carjacking (felony), Attempted Larceny of a Motor Vehicle (felony), Disorderly Conduct. A woman claimed that while she was stopped at a red light, our client ran up to her jack, grabbed the door handle, attempted to take her car, and then chased after her when she drove away. While our client was being held on a high cash bail that he could not afford, we were able to obtain surveillance footage from a nearby store that shows our client merely walked by her car, calmly, and never attempted to approach her car at all.
RESULT: All charges dismissed.
Roxbury District Court, January 8, 2018
CHARGE: Receiving a Stolen Motor Vehicle (felony). Our client was arrested for allegedly stealing a car. After nearly a year of litigation in this case, Attorney Belostock was able to win certain motions that put our client in a great position when it came time for trial.
RESULT: Case dismissed.
East Boston District Court, January 3, 2018
MOTION TO VACATE PRIOR CONVICTIONS: In 2001, our client pled guilty to three counts of malicious destruction of property (felonies), one count of resisting arrest, and one count of disorderly conduct. As a result, this came back to haunt him recently when he was taken into ICE custody and subjected to deportation proceedings. Our client has been living in the United States since 1998 with his teenage daughter. These convictions were causing him to lose his "temporary protected status" in this country. After a full review of this case, we filed a motion to vacate his guilty pleas as he was provided ineffective assistance of counsel at the time he pled guilty.
RESULT: Motion ALLOWED, client no longer subject to deportation for those convictions from 2001.