2021 Case results

While the criminal justice system in 2021 has been extremely backed up due to the Covid- 19 pandemic, and most of our cases have been either been put on pause or are otherwise delayed, we have still been able to successfully resolve cases for our clients that did not require jury trials and were resolvable during these difficult times:

CHARGE: Operating Under the Influence of Alcohol. 

RESULT: Dismissed. 

CHARGE: Larceny Under $1200.

RESULT: Dismissed. 

APPLICATION FOR 209A ABUSE PREVENTION (RESTRAINING) ORDER: The plaintiff, our client's wife, who was represented by counsel, applied for a retraining order against her husband, our client. She alleged that he was regularly both physically and verbally abusive towards her. 

RESULT: After negotiations with plaintiff's counsel, we were able convince plaintiff to withdraw the application for a restraining order. 

CHARGES: Operating a Motor vehicle without insurance, Operating and unregistered Motor Vehicle, Number Plate Violation (false license plate). 

RESULT: All charges dismissed prior to arraignment; there is no record of these charges now. 

December 8, 2021

Northampton District Court

CHARGE: Assault and Battery. 

RESULT: Case dismissed. 

CHARGES: Assault and Battery on a Family/ Household Member, Intimidation of a Witness (felony). Our client was arrested in 2019, and with still no end to the case in sight, he was held in jail for 60 days in 2021 with the case still pending for violating his conditions of release. That's when his family reached out to Urbelis Law and retained us on his behalf. 

RESULT: We were able to have our client released from jail, and our MOTION TO DISMISS both charges was eventually heard and allowed by the court. 

CHARGE: Operating Under the Influence of Alcohol. Our client was involved in a domestic dispute with his wife. He then left the house, drove off, and his wife called the Wareham Police, reporting that our client was driving drunk and she was scared he'd harm someone. Out client was pulled over, at which point police noticed the smell of alcohol. They asked him to exit his car, perform field sobriety tests, and he was arrested. Upon an inventory search of his car, police found empty "nip" bottles of alcohol in the passenger's area. Attorney Urbelis filed a motion to suppress the stop of our client's car, and also to suppress the order to exit his car. 

RESULT: After an evidentiary hearing in which the prosecutor neglected to offer evidence as to WHO made the call that our client was drunk, or that person's name/ contact information, or that person's basis of knowledge that our client was drunk, Attorney Urbelis cited case law, arguing that the evidence offered at the hearing amounted to nothing more than an anonymous tip, an insufficient reason for the police to pull over our client. The judge agreed, and ordered that all evidence stemming from the stop of our client's car cannot be used at trial. The case is now scheduled to be dismissed as there remains insufficient evidence to prosecute our client. 

CHARGES: Felony Unlawful carrying of a Firearm (18 month minimum mandatory in jail), Felony Unlawful carrying of a Loaded Firearm (Mandatory additional jail sentence on top of count 1), Illegal Possession of Ammunition, Reckless Operation of a Motor Vehicle, Operating a Motor Vehicle without a License. Our client was observed by police driving erratically, driving over sidewalks, running red lights, and he led police on a chase. He eventually pulled over, and when police approached, they observed a laceration on his forehead. He was taken to the hospital, and his car was searched, where the loaded firearm and ammunition were found. Our client maintained that he had been pistol- whipped by the passenger in his car, who was also placed under arrest.

RESULT: After trial, our client was found NOT GUILTY of all firearms and ammunition charges. He was found Guilty of the driving offenses and assessed a $400 fine. He paid in court that day and moved on with his life. 

CHARGES: Felony Assault and Battery with Dangerous Weapon, Assault and Battery. Our client was arrested after a physical altercation with her former friend and neighbor. At trial, the alleged victim testified that our client physically attacked her, dragged her outside, beat her, and kicked her in the face with a shoe on. The alleged victim testified to the same. Three officers also testified for the prosecution about their response, the alleged victim's injuries, and that our client was evasive and inconsistent in her version of events on the night in question. The jury was also shown 9 exhibits, including photographs of all injuries and the booking photo of our client, without any injuries. Our position was that our client was attacked by an extremely drunk woman, and while our client got the best of her, it was only to defend herself. Our client also vehemently denied any kicking; the facial injuries were from punches while fending off the drunk woman. At trial, Attorney Urbelis was able to expose numerous lies and varying stories between the alleged victim and her own sister, as well as the rush to judgment by the police. 

RESULT: After a two- day jury trial, the jury saw right through the lies of the prosecution witnesses, finding our client NOT GUILTY of both charges after an 8- minute deliberation. 

CHARGE: Leaving the Scene of Property Damage, Negligent Operation of a Motor Vehicle. Our client crashed his car into a fence and fled the scene. Our client was found, on foot, approximately 22 yards away. While initially denying having been involved in the accident, he eventually admitted to police that he was the driver who left the scene. 

RESULT: After nine months of litigation, we were able to have both charges dismissed. 

CHARGES: Our client, a Canadian citizen here on a student visa, was arrested and charges with Larceny of a Motor Vehicle (felony, carrying up to 15 years in state prison and the consequence of deportation). Throughout the course of litigation, our office was able to provide documentation of our client's mental health issues, demonstrating that there was no actual intent to steal the car, but rather he thought that there was a puppy in the car that was in trouble. After lengthy discussions, we were able to resolve the matter in a way that would not result in any admission, conviction, or deportation. 

RESULT: Our client was given a general continuance of the case for 1 year, and as long as he complies with his mental health treatment, the case will end in an outright dismissal, and he will be able to continue his studies here in the United States. 

CHARGES: Operating Under the Influence of Alcohol, Operating to Endanger, Resisting Arrest. Numerous callers reported our client's car operating erratically and almost causing numerous collisions on the highway. Eventually, law enforcement caught up to our client's vehicle, pulled it over, where it stopped in the travel lane. When they approached, they report that our client had fallen asleep. Troopers reported that when he came to, he spoke in an unintelligible way, smelled like alcohol, and his eyes were red. When they had him exit his vehicle, he was unsteady on his feet and fell onto the roadway. Police also notice open cans of twisted tea in the front seat. Police report that they told our client he was under arrest, at which point he flailed his arms, pulling away, and attempted to evade the handcuffs. 

RESULT: After 20 months of litigation, including our filing of numerous motions, our final motion to dismiss all charges was ALLOWED, over the prosecutor's objection. 

INDICTMENTS: After our client's arrest in June 2019 (click here for the original media coverage of this case), our client was indicted by a grand jury six months later Assault with a Dangerous Weapon (firearm) and Unlawful Possession of a Firearm (which carries a mandatory minimum of 18 months in jail up to 5 years in state prison). While my client was offered a plea, it would have required mandatory jail time as well as subsequent deportation has he's not a United States citizen. We declined, and fought the indictments for two years. 

RESULT: Prior to trial, our motion to dismiss the Assault with a Dangerous Weapon charge was ALLOWED. We proceeded to trial on the charge of unlawful possession of a firearm, and after trial our client was found NOT GUILTY.  

CHARGES: Our client was charged with Unarmed Robbery, Conspiracy, and Assault and Battery. Our client was alleged to have set up a drug dealer, rob and beat him with a group of friends. 

RESULT: We were initially able to have the unarmed robbery charge amended down to the lesser felony of larceny from a person (to avoid a criminal indictment in superior court), and then all charges were eventually dismissed. 

APPLICATION FOR CRIMINAL COMPLAINT: The Boston Police Department applied for a criminal complaint against our client for the felony charge of assault and battery with a dangerous weapon. The police report alleged that our client was at a concert, body slamming into strangers in the crowd. When security attempted to gather him, he allegedly bit one of the security guards' arms, causing him to bleed. 

RESULT: After a clerk magistrate's hearing we were able to avoid any charges from issuing against our client. 

CHARGES: Assault and Battery on a Family/ Household Member, Assault and Battery with a Dangerous Weapon. Our client was arrested after his step- daughter called the police, alleging that he had kicked her mother and punched her in the face. When police arrived, with body- worn cameras, they observed what they believed to be bruises on the alleged victim's face. 

RESULT: After a year and several motions filed, the case was dismissed over the prosecutor's objection. 

APPLICATION FOR CRIMINAL COMPLAINT: Police were dispatched to Williams College, where our client was an undergraduate student. School officials had contacted the police when our client confirmed having ordered 4 large packages of marijuana to his dorm. Police applied for a criminal complaint against our client, as the amount of marijuana our client ordered far exceeded the lawful amount permitted by law. By the time of the magistrate's hearing, our client had already graduated and was employed at a private equity firm in NYC; a criminal complaint and prosecution could have put his future in jeopardy. He hired Urbelis Law to defend him. 

RESULT: After a clerk magistrate's hearing, we were able to avoid the issuance of a criminal complaint against our client. Our client can now move forward with his clean record intact. 

CHARGE: Operating Under the Influence of Alcohol. At a bench trial, the arresting trooper testified that our client evaded his order to pull over, smelled like alcohol, had slurred speech, failed the alphabet and counting tests, admitted to drinking earlier that evening, and appeared to be "drunk." On cross- examination, Attorney Urbelis discredited much of the trooper's opinion.

RESULT: The court found our client NOT GUILTY. 

CHARGES: Domestic Assault and Battery, Assault and Battery with a Dangerous Weapon, Assault and Battery on a Pregnant Woman. Our female client was alleged to have gone to her boyfriend's house, confronted him about cheating on her, hit him in the face with her cell phone (causing a bloody gash and bruising), and then also attacking/ bruising the other woman, who was pregnant. The pregnant woman's medical records were subpoenaed as evidence, showing her injuries. After hiring Urbelis Law, we were able to uncover evidence that was not contained in the police reports, that the alleged victims could not dispute. We filed a motion with the court to have the alleged victims appointed counsel. 

RESULT: As the result of our motion, the alleged victims were appointed counsel. After discussions with their attorneys, the alleged victims exercised their 5th amendment rights, declined to testify, and all charges against our client were DISMISSED. 

BENCH TRIAL: Our client was charged with Operating Under the Influence. The evidence presented at trial included the testimony of the arresting officer, two civilians, and 14 photographs. The evidence suggested that our client veered his car into oncoming traffic, struck a vehicle occupied by two civilians, and then both cars rolled over. Police, EMT's, and fire personnel responded to the scene. Fortunately, no one was seriously injured. The arresting officer testified that our client had a strong odor of alcohol emanating from his breath, his speech was slurred, he was unsteady on his feet, and he admitted to coming from a party. Attorney Urbelis cross- examined the government's witnesses, illuminating a different picture than the government's version. 

RESULT: Our client was found NOT GUILTY. 

BENCH TRIAL: Our client was charged with Operating Under the Influence of Alcohol, and Leaving the Scene of Property Damage. The government presented evidence that police responded to the area of a hit and run, and the caller provided a license plate. Police arrived in a parking lot where our client and his girlfriend were both standing outside of the vehicle with the license plate in question, with the front bumper ripped off, and the tire shredded. Our client admitted to driving and to the hit and run, drinking earlier, and performed some field sobriety tests that did not meet the officer's satisfaction; he was then arrested. 

RESULT: At trial, Attorney Urbelis established reasonable doubt as to why our client might have admitted to driving the vehicle, when in fact the vehicle was registered to his girlfriend. The court found him NOT GUILTY on both charges. 

MOTION TO REVISE AND REVOKE SENTENCE: Our client was convicted of a felony in 2008 (Urbelis Law did not represent her at that time). As a result of this conviction, and as a non- citizen she was recently placed in deportation proceedings. She has lived in this country for almost 40 years, raised several children who have gone on to have successful careers, and she now has several grandchildren. Her immigration attorney referred her to Urbelis Law to review the 2008 case. After our lengthy investigation, we prepared and filed a motion to revise and revoke her original sentence based upon several legal deficiencies in that original case. 

RESULT: Our motion was allowed. The new retroactive sentence no longer places our client at risk of deportation. She will remain in the United States with her family. 

APPLICATION FOR CRIMINAL COMPLAINT: The North Andover Police Department applied for a criminal complaint against our client for assault and battery on a family/ household member. 

RESULT: After a clerk magistrate's hearing, the clerk declined to issue a criminal complaint against our client, and the matter was terminated. 

BENCH TRIAL: Assault and Battery on a Family/ Household Member. The government presented evidence of a 911 call in which 9- year- old girl called to report that her daddy was hitting her mommy. Police arrived to the address she provided, and our client, the caller's father, told police that he had struck and grabbed his wife by the face but that she wasn't hurt. He was arrested. 

RESULT: After a jury- waived trial, our client was found NOT GUILTY. 

CHARGE: Possession of Class B drug (cocaine). 

RESULT: Dismissed prior to arraignment- the fact that our client was even charged will no longer appear on any law enforcement records. 

APPLICATION FOR CRIMINAL COMPLAINT: The Danvers Police department applied for a criminal larceny complaint against our client for allegedly filling up a shopping cart at Home Depot, leaving the store without paying, putting the contents in his car and driving off, ignoring loss prevention officer orders for him to stop. 

RESULT: After a clerk magistrate's hearing we were able to avoid any criminal complaint from issuing against our client. 

BENCH TRIAL: Our client was charged with breaking and entering the home of his estranged wife with the intent to commit a felony. The government presented three witnesses, including our client's ex- wife, her son, and the arresting officer. 

RESULT: After Attorney Urbelis's aggressive cross- examination of all of the government's witnesses, as well as the presentation of our client's own evidence, the court found our client NOT GUILTY. 

DEFENDING AGAINST HARASSMENT PREVENTION ORDER: Our client's estranged husband's new girlfriend (and mother of his new baby) filed a harassment prevention order application against our client. She hired an attorney and presented testimony from multiple witnesses, along with videos, emails, and photographic evidence to try and show that our client had stalked her and threatened her life, as well as the life of her unborn child while she was pregnant. 

RESULT: After a two hour hearing, we were able to demonstrate that the plaintiff had not met the required elements to obtain a harassment prevention order, and the plaintiff's application against our client was DENIED. 

DEFENDING AGAINST 209A: Our client's ex- girlfriend applied for a restraining order against our client. She alleged that he texted her offensive names, threats, and sent nude pictures of her to other people. We were then hired to defend him at the hearing. 

RESULT: The judge declined to issue a restraining order against our client. 

DEFENDING AGAINST 209A: The plaintiff, our client's roommate, applied for a 209A against our client. The plaintiff alleged that our client was physically abusive, even strangling her on one occasion. The plaintiff provided documents, videos, and pictures to the court. We aggressively cross- examined the plaintiff, who came in to the proceeding "pro se" (without an attorney), and we tore apart her accusations and story. 

RESULT: The court found that the plaintiff did not have grounds for a 209A order, and denied the plaintiff's application for one. 

APPLICATION FOR 209A: We applied for a restraining order for our client and minor children against the defendant, her ex- husband children's father. We presented testimonial evidence that was highly contested by the defendant and his attorney. 

RESULT: The court granted our application and issued the 209A restraining order on behalf of our client and her children. 

CHARGES/ INDICTMENTS: Our client was indicted on charges of assault with intent to murder, assault and battery with a dangerous weapon causing serious bodily injury, assault and battery on a family/ household member, 2 counts of witness intimidation, and tampering with evidence. The district attorney's office moved to have our client held without bail pending trial as a dangerous person under M.G.L. c. 276 s. 58A. 

RESULT: After a 3 hour hearing, the court declined to hold our client without bail. He was released on $1,000 bail and ordered to stay away from the alleged victim, and remain alcohol- free. We will vigorously defend him up to and including trial. 

CLERK MAGISTRATE'S HEARING: Our client was charged with larceny over $1200 (felony) after being stopped outside of the Macy's in Natick with a carriage full of items that were not paid for. 

RESULT: After a hearing, the clerk declined to issue a criminal complaint, and no record of this matter now exists. 

CLERK MAGISTRATE'S HEARING: The Quincy Police Department applied for a criminal complaint against our two clients for breaking and entering (felony) and trespassing. 

RESULT: After an evidentiary hearing, we convinced the clerk that there was no intent to commit a crime. The clerk then declined to issue any criminal complaint, and no record of this matter now exists. 

CHARGES: Possession of Class B (cocaine), Operating without a License. 

RESULT: Both charges dismissed.