2020 Case Results

Below is a list of some of the favorable results we have achieved for our clients in 2020, most recent first:

CHARGE: Operating Under the Influence

RESULT: Dismissed. 

APPLICATION FOR HARASSMENT PREVENTION ORDER: A former friend of our client applied for a harassment prevention order against our client, claiming that our client had regularly stalked and threatened him. If this order was issued, it would remain on our client's record, and put him at risk of being arrested for any alleged contact, direct or indirect, with the other individual. 

RESULT: After a full hearing, the judge declined to issue any order against our client. 

APPLICATION FOR CRIMINAL COMPLAINT: The police applied for a criminal complaint against our client for operating with a suspended license, operating without insurance, and operating with an expired registration. 

RESULT: After a clerk magistrate's hearing, no criminal complaint was issued for any of the applied- for charges. 

CHARGES: Operating Under the Influence, 2nd Offense, Leaving the Scene of Property Damage. After numerous calls reported our client driving erratically, police finally caught up with her and attempted to stop her. She crashed into a guardrail, and then continued to drive for a period of time. When police eventually caught up with her, they determined that based on the odor of alcohol, her incoherence, and inability to stand, she was too intoxicated to perform any field sobriety tests. She was arrested, and at the station was still unable to stand, acting belligerent, banging her head against the cell, and eventually vomited on herself. She was charged with a 2nd offense based on evidence that she had previously pled guilty to a DUI in Michigan 5 years prior. 

RESULT: We were able to have the leaving the scene charge dismissed prior to trial. At trial, we stipulated (admitted) that our client was operating under the influence on the night she was arrested, but we contested that she had a prior conviction for a similar offense. We were able to convince the judge that the evidence was insufficient to prove beyond a reasonable doubt that the prior DUI conviction of a person with the same name as our client was in fact our client, and she was found NOT GUILTY as far as this being her 2nd offense. As a result, she was given the standard 1st- offense OUI disposition after trial. 

APPLICATION FOR CRIMINAL CHARGES: Our client, a 17 year old high school student, permitted his non- licensed girlfriend to drive his car, and bring another 16 year old along for the ride. The girlfriend crashed, severely injuring the passenger. The police applied for a criminal complaint to charge our client with allowing/ permitting an unlicensed operator to drive his car. 

RESULT: After a clerk magistrate's hearing, we were able to avoid any criminal charges against our client. His record remains clean. 

CHARGE: Operating with a Suspended License for Operating Under the Influence. This charge against our client carried a mandatory minimum of 60 days in jail if convicted, and the charge is not allowed to be CWOF'ed or otherwise resolved with disposition short of that conviction and jail time. Our only hope was to either obtain an outright dismissal or an acquittal after trial. 

RESULT: After a thorough review of the evidence, our client's driving history, and criminal record, we discovered that the charges were not taken out properly. When we brought this to the district attorney's attention, they agreed with us, and agreed to amend the charge to the lesser offense of simple operating with a suspended license. This took the mandatory jail time off the table, and we were achieve a dismissal of the case upon our client's payment of $200 in costs to the court. 

CHARGES: Domestic Assault and Battery, Assault and Battery with a Dangerous Weapon (felony), Malicious Destruction of Property (felony). 

RESULT: All charges dismissed. 

CHARGE: Operating Under the Influence of Alcohol, 2nd offense. Our client was involved in a single car accident. Police and EMTs arrived on the scene, and noted that our client smelled like alcohol, had bloodshot eyes, and slurred speech. Our client was transported to, and treated at, the hospital. The police applied for and were granted a search warrant for a sample of her blood, which revealed that her blood alcohol concentration was 0.19, more than twice the legal limit. She was later charged and arraigned in court. After she hired our firm, we filed a motion to suppress (throw out the evidence obtained from) the search warrant, on the grounds that the application for the search warrant was insufficient as a matter of law. A hearing was held on our motion, which was allowed by the judge; the evidence obtained from the unlawful search warrant was suppressed. 

RESULT: By the time this case was scheduled for trial, the prosecution was unable to proceed, and the case was DISMISSED. 

MOTION TO VACATE GUILTY PLEA: Our client pled guilty to an OUI in 2015. In 2019, she was charged with another OUI, this time, a 2nd offense, where the potential penalties were significantly greater. Further, our client was from Russia, and currently in the process of naturalizing as a U.S. citizen after her recent marriage. Two OUI convictions would prevent that from happening. After a review of her cases, we determined that she decided to plead guilty in 2015 was based upon her "failed" breath test, which in 2017 was determined to be faulty and inadmissible by the Supreme Judicial Court of Massachusetts. We filed a motion to vacate her guilty plea given the inaccurate information that led to her plea, and we were opposed with a lengthy motion by the prosecution, and at the oral argument hearings on our motion to vacate the guilty plea. 

RESULT: Our motion was ALLOWED by the court, and our client's 2015 guilty plea was vacated. She is now charged as a first- offender in her 2019 case, where we continue to represent her. 

CHARGE: Assault and Battery on a Family/ Household Member. Our client was charged after a physical altercation with her child's father. After investigation by our team, we uncovered the fact that if her child's father, the alleged victim, testified against our client, he would likely incriminate himself and face a significant prison sentence, given his lengthy criminal record. We alerted the district attorney's office, and the alleged victim subsequently retained his own defense attorney, and asserted his fifth amendment privilege at trial... leaving the government without sufficient evidence to prosecute our client. 

RESULT: Case dismissed. 

CHARGE: Assault with a Dangerous Weapon (firearm). Our client was indicted on two charges: Assault with a Dangerous Weapon (firearm), and Illegal Possession of a Loaded Firearm. Our client was arrested for allegedly being the driver for a shooting that took place in Dorchester in June 2019, and he was later indicted in December of that year. The allegations are that our client drove to an area in Dorchester, took place in a shooting, and then led police on a high- speed chase throughout the city before being apprehended. A gun shot residue (GSR) test indicated that our client had recently fired a weapon. After our firm fully reviewed all of the evidence, we believed that there was insufficient evidence to indict our client on the Assault with a Dangerous Weapon charge. We filed a motion to dismiss that charge. 

RESULT: In June 2020, our motion to dismiss that charge was ALLOWED by the court. This case is now down to just one charge, and we look forward to a jury trial. 

CHARGE: Rape. Our client was arrested and charged with rape, on the allegation that he had sexual intercourse with a woman who was too intoxicated to consent. Our client, who had no prior record whatsoever, vehemently denied this accusation. 

RESULT: After we were able to have the arraignment date extended, a further investigation revealed that this charge never should have been brought. We were very pleased that this very serious charge was dismissed prior to our client ever being arraigned in court; there is no record of this case in the system. 

PROBATION VIOLATION: Our client was on probation for two separate larceny cases. While on probation, she picked up new cases in Dedham and Newton, relating to larceny and credit card fraud. The court in Peabody held her in jail for 30 days awaiting her final surrender hearing, where she faced up to 2.5 years in jail for violating her probation. 

RESULT: After a hearing, the probation department recommended that our client serve 9 months in jail as a sentence for violating her probation. We put forth a lengthy argument, recommending that the 30 days she already spent in jail was sufficient punishment. The judge agreed with us, released our client, and her probation was finished. 

CHARGE: Leaving the Scene of Property Damage.  

RESULT: Dismissed upon the completion of a one- day safe- driving class.  

CHARGES: Leaving the Scene of Property Damage, Leaving the Scene of Personal Injury, Negligent Operation of a Motor Vehicle. 

RESULT: All charges dismissed. 

CHARGE: Operating Under the Influence. Our client drove his car off the road and into the woods. When police arrived, he stated that he had been using an app on his phone that caused him to drift into oncoming traffic, and when he over-corrected he drove off the road. At trial , police testified that our client smelled like alcohol, had slurred speech, and glassy eyes. Police also testified that our client admitted to consuming two shots off vodka just prior to the crash.

RESULT: After cross- examination of the testifying officer by Attorney Urbelis, our client was found NOT GUILTY.

CHARGES: Our client was charged with identity fraud and two counts of using a false RMV document. This case stemmed from a lengthy federal investigation into our client, a sixty year old Dominican national who had been living here illegally for over 30 years under a fake Puerto Rican identity. Our client was originally appointed an attorney by the court, who worked out a "deal" with the district attorney's office to have our client to plead guilty to a felony, serve 90 days in jail, which would lead to his deportation. Our client declined the "deal" and hired our firm.

RESULT: After approximately 10 months of battling in court, we were able to have all charges completely dismissed. Our client is now living in the with his family here in Massachusetts, the only home he's known for the last 30 years.

MOTION TO VACATE PRIOR CONVICTION AND FOR NEW TRIAL: Our client, an immigrant who has lived in this country for over ten years, was facing deportation as the result of a drug conviction, possession of class B (cocaine). He hired our firm, and we filed a motion to vacate that conviction on the grounds that his court- appointed lawyer at the time of his guilty plea had been ineffective as a matter of law.

RESULT: After filing our motion, we were able to come to a resolution with the district attorney's office that changed the guilty plea to a different disposition that took the risk of deportation off the table for our client.

MOTION TO VACATE PRIOR CONVICTION AND FOR NEW TRIAL: Our client, an immigrant who has lived in this country for over 20 years and is now 59 years old, is facing deportation as the result of SEVEN (7) separate criminal cases to which he plead guilty between 2001 and 2008. He pled guilty to numerous charges relating to domestic violence, threats, violations of restraining orders, paying for sexual services, operating under the influence, and assault and battery with a dangerous weapon. After hiring our firm, we filed seven separate motions to vacate all of his guilty pleas and to have new trials in each case, on various legal grounds. In each case, in very lengthy and contested hearings, the district attorney's office opposed our motions.

RESULT: We WON all seven motions to vacate our client's guilty pleas. Our client is no longer facing deportation at this time.

APPLICATION FOR CRIMINAL COMPLAINT: Police were called to our client's house on reports of an our of control party. When police arrived, several "under-age looking" people scattered from the yard, and several empty containers of alcohol were all over the yard as well. When police made contact with our client, 18 years old, he appeared to be intoxicated. Several of his under-21 friends did as well. The police applied for a criminal complaint against our client for keeping a disorderly house, and providing alcohol to minors. As our client was about to enter college, the appearance of a criminal charge on his record could be quite devastating to his future.

RESULT: After a magistrate's hearing, we were able to avoid a criminal compliant from issuing; case dismissed.

CHARGE: Operating Under the Influence, 2nd Offense. Our client was found sleeping in his truck, in the parking lot of a Cumberland Farms at 2:30 am. His ignition was turned on, and at trial the arresting officer testified that there was an overwhelming odor of alcohol coming from within the truck. The officer also testified that our client admitted to drinking that evening, was unsteady on his feet, couldn't follow simple directions, and failed two field sobriety tests. 

RESULT: After a bench trial, our client was found NOT GUILTY.