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2023 Case Results

Here are some of our recent, successful outcomes in 2023 for our clients, in chronological order (most recent first): 

November 16, 2023
Chelsea District Court
CHARGES: Negligent Operation of A Motor Vehicle, Leaving the Scene of Property Damage. Our client went to renew his driver's license, which was denied as he was informed that there was a warrant for his arrest out of Chelsea District Court from an incident two years prior. He was never arrested, but a notice was sent to his old mailing address so he had not known about the charges. He hired Urbelis Law, and we learned the nature of the charges. We cleared the default warrant, and he was able to reinstate his license, but we still had to defend against the charges. 
RESULT: After reviewing the evidence, we filed a motion to dismiss both charges. The motion was allowed by the court. 

November 15, 2023
Boston Municipal Court- East Boston Division
CHARGE: Operating Under the Influence. Our client was involved in a fender- bender. He exchanged papers with the other driver, and called for a tow of his vehicle. Police arrived and conducted an investigation, which included field sobriety tests of our vehicle. Police reported the strong odor of alcohol coming from our client's breath. He was arrested for OUI. He hired Urbelis Law to represent him. 
RESULT: Attorney Urbelis took the case to trial, and our client was acquitted of the charge. A Not Guilty verdict was entered. 

November 7, 2023
Malden District Court
CHARGES: Trafficking Cocaine, Trafficking Marijuana. 
RESULT: At the second probable cause hearing, we filed a motion to dismiss based upon the Commonwealh's failure to provide evidence and information in time for the hearing. The court allowed our motion; case dismissed. 

November 6, 2023
Boston Municipal Court- Roxbury Division
CHARGE: Improper Storage of a Firearm. Our client, with no criminal record, had brought his firearm to work; he had a valid license to carry the firearm. While in the bathroom, using the stall, he placed his firearm in its holster on the sink. While sitting on the toilet, he received a call, and eventually left the bathroom still on the call, forgetting that he had left his hollered firearm on the sink. When he realized this 20 minutes later, he returned to the bathroom, but his fireman was no longer there. He went to reception, who informed him that someone had found the firearm and called the Boston Police Department. When police arrived, they charged him with improper storage of a firearm. He then hired Urbelis Law.
RESULT: After numerous continued arraignments, we were eventually able to resolve this case with pre- arraignment diversion. Once our client completes a firearms safety course, the case will be dismissed, prior to arraignment. This means that he will never formally be "charged" and it won't show up on any background check. 

November 1, 2023
Malden District Court
CHARGES: Strangulation, Assault and Battery on a Family/ Household Member. Our client was released on pretrial conditions pursuant to M.G.L. c. 276 s. 58A (dangerousness), including GPS monitoring (ankle bracelet) with an exclusion zone from the alleged victim's home. On two occasions, our client allowed the charger for his GPS to die, and he couldn't be monitored for up to 6 hours each time. The court issued a warrant for our client's arrest, and upon learning of this, he notified our office. We brought him in, he was taken into custody pending a hearing at which the government sought to have his pretrial release revoked, asking the court to hold him without bail pending trial. 
RESULT: After a contentious hearing, the court denied the government's request, and our client was released. He now appreciates the significance of allowing his GPS monitor to not be fully charged; we do not expect to have this issue arise again. 

October 31, 2023
Waltham District Court
CHARGE: Operating Under the Influence. The Watertown Police Department received a call that a vehicle (later identified as our client's) was operating erratically, in and out of lanes, and almost striking numerous other cars. The caller provided a description of the car and our client's license plate. WPD responded to the area, observed our client's car stopped in the middle of the road's travel lane, with no traffic signals indicating for him to stop. Police activated emergency lights to pull our client over, and our client then drove approximately 100 yards forward before coming to a stop on the side of the road. Police then observed our client to smell like alcohol, have slurred speech, and when asked to exit his vehicle, he fell onto the ground. He was arrested for OUI, and before towing his car, and inventory search yielded two empty bottles of tequila in the front seat. 
RESULT: Attorney Urbelis filed a motion to suppress the stop. After an evidentiary hearing, the government failed to present the requisite evidence relating to the caller, which was the basis for the stop, and our motion was ALLOWED. That means that all evidence gathered as a result of the stop cannot be used at trial, and as a result, the case must now be dismissed. 

October 26, 2023
Suffolk Superior Court
CHARGE: First- degree Murder. In February of 2020, our client was 19 years old. He was involved in a murder; however, he was NOT the individual who committed the killing, nor was he ever alleged by law enforcement to have been the shooter (despite misleading news reports). 25 minutes prior to the killing, our client is on convenience store surveillance video watching the eventual victim enter the store. 20 minutes before the killing, after leaving the convenience store and entering his vehicle, our client can be seen on video picking up the eventual shooter on the side of the road. 15 minutes prior to the killing, our client can be seen on video dropping the eventual shooter off, in the area of the victim, and where the lethal shooting happened. For 5 minutes after dropping off the shooter, our client can be seen driving around the block 3 times, with his headlights off. The shooter had motive to kill the victim; the victim was under investigation for killing the shooter's brother. Days later, prior to our client being charged, he made the fatal mistake of voluntarily going into the homicide unit of Boston Police Department, without a lawyer, because they had called him in. He wanted to "clear things up." This hour long interview eventually led to his downfall, where he had attempted to "distance himself" from the killing, but it backfired and ended up appearing very incriminating. (Never go in to a police interview without an attorney!) He was eventually indicted for first- degree murder, and held without bail. In Massachusetts, you don't need to kill someone in order to be charged with murder, and there is no "accessory to murder" charge. If you are believed to have knowingly assisted another person in any crime, including murder, you are just as guilty of that underlying offense as the perpetrator under a "joint venture" theory. 

Our client had grown up in and out of homeless shelters with his family, had a learning disability, and was just one month away from graduating high school prior to the arrest. Immediately after his arrest, his mother and sister contacted Urbelis Law, and collaborated with family and friends to come up with a retainer to hire Urbelis Law to defense their son/ brother in the prosecution this capital offense. Over the next 3.5 years, Attorney Urbelis grew close with the family, and believed strongly in his client. 

RESULT: After reviewing all of the evidence, developing a strong relationship with our client for the 3.5 years he was held without bail (many factors, including the Covid pandemic, delayed many cases during this time period), we were ready for trial. We felt strongly that the government would not be able to prove beyond a reasonable doubt that our client knew that the other person was going to commit murder, and that our client would be acquitted. However, if we lost, our client would spend the rest of his life in prison, without any possibility of parole. As the trial date approached, and our client now 23 years old, we were able to resolve the matter in a way that would likely have him out by the time he's 25 years old. With our recommendation, our client agreed that this plea was just too good to pass up. In a way, it was like an insurance policy; because in the (what we all believed to be very unlikely) event that our client was found guilty, his life would literally be over, locked in a cell until he dies. We agreed to a reduced manslaughter plea with a 6- 8 year prison sentence. Our client already had 3.5 years of pretrial detention "credit" towards that sentence, and he'd now also accrue "good time" credit during his prison commitment. He'll likely be eligible for parole in just over 1 year, and even if not paroled be entitled to release in 2- 2.5 years. Our client and his family were extremely thankful for this outcome, given the gravity of what he'd been facing. At the conclusion of the plea, while in the court's custody but prior to being transported to state prison, our client reminded Attorney Urbelis that he promised the client his first- ever dinner at a premiere steakhouse upon his release; Attorney Urbelis couldn't be more excited to fulfill that promise. 

October 23, 2023
Worcester District Court
MOTION TO VACATE CONVICTION: Our client is a Guatemalan national who has lived in the United States since 1992. During the 1990's, he pled guilty to two misdemeanor driving offenses; he has since had no contact with the criminal justice system. In 2023, through his immigration attorneys, he applied for, but was denied, permanent residency ("green card") due to these misdemeanor convictions from 30 years prior. His immigration attorneys referred him to Urbelis Law. 
RESULT: We reviewed his case and circumstances, and determined that he was denied effective assistance of counsel in those two misdemeanor cases. The court agreed, and vacated those convictions. He is now in the process of obtaining his green card. 

October 18, 2023
Wareham District Court
CHARGES: Possession of a False RMV document, Misleading a police investigation, furnishing false identification to police after arrest, Uttering a false writing, Perjury, Use of a motor vehicle during the commission of a felony. Our client was investigated and charged with opening up fraudulent bank accounts, under a false identity, and depositing false checks into those accounts, withdrawing the money, and then disappearing before the bank caught up to the fraud. The total fraud was alleged to have amounted to over $100,000.00. Our client was an immigrant of Nigeria, so any conviction would lead to deportation as well. The court held him on $50,000.00 and revoked his passport. Our client was initially appointed a public defender, and remained incarcerated for several months, before his brother retained Urbelis Law on our client's behalf. 
RESULT: We filed a motion to dismiss four of the six charges, which was allowed by the court. Given that our client had already served four months in pretrial detention, were then able to resolve the case with "Guilty- filed" dispositions not the two remaining charges. This particular disposition does not count as a "conviction" for immigration purposes, so it would not be held against him in the immigration proceedings. Our client was released from jail that day; no probation, no further court appearances. 

September 25, 2023
Salem District Court 
CHARGE: Operating Under the Influence. Our client has an open case for OUI, while she is already on probation for a previous OUI. For these reasons, she's been ordered to abstain from alcohol and is subject to a SCRAM device- a breathalyzer that she must blow into 4X/ day. On two occasions, she slept through her morning appointment to blow into the device. For this reason, the court issued an warrant for her arrest. In court, the government filed a motion to revoke her pretrial release
RESULT: After a contentious hearing, the court denied the government's motion, and out client was released. 

September 20, 2023
Malden District Court
CHARGE: Operating with a Suspended License for Operating Under the Influence of Alcohol. Our client was arrested for operating while her license was suspended for a prior OUI (a charge that carries mandatory minimum 60 days in the house of corrections if convicted), and also while she also had a second OUI case open. The government filed a motion to revoke her privilege of being released on bail, and asked that she be detained for 90 days. 
RESULT: After a contentious hearing, the court denied the Commonwealth's request, and our client was released. 

September 18, 2023
Falmouth District Court
CHARGE: Disseminating photograph/ video of an unsuspecting nude person (felony; sex- related offense). Our client is a college student who surreptitiously recorded himself having sex with a female student. That female student then began a relationship with our client's younger brother, who showed her the video our client had uploaded to their shared google drive. The female student then called the police and our client was charged. 
RESULT: After gathering all of the information on the case, we realized that our client was mis- charged; he SHOULD have been charged with photographing/ videotaping an unsuspecting nude person, NOT with dissemination of such material, as he never sent it to his younger brother, or to anyone else. We did not alert the prosecutor to this mistake, until the day of trial, at which time it was too late for the prosecutor to amend the charge to what it should have been. Rather than moving to dismiss and risk the prosecutor simply taking out a new complaint, though, we resolved the case with one year of pretrial probation; no admission, no CWOF. As long as our client stays out of trouble for one year, the case ends in full dismissal, with no conviction to a felony and no sex offender registration. 

September 6, 2023
Boston Municipal Court
CHARGE: Assault and Battery. Our client, a college student and Honduran national here on a student visa, was charged after getting into a fight outside of a bar. Police obtained video surveillance which showed our client getting the better of the other individual, causing injuries. After hiring Urbelis Law, and as the case progressed, we attempted to resolve the matter in a way that would not jeopardize our client's student visa. The district attorney's office was not willing to work with us, given the nature of the other person's injuries. So we did what we had to do in terms of litigating this case. 
RESULT: After more than a year, the case ended in our client's favor. We were able to have this case dismissed over the objection of the district attorney's office. 

September 1, 2023
Quincy District Court
CHARGE: Indecent Assault and Battery. Our client was in a convenience store, when he told a sixteen year old girl that there was a bug on her, and then beg swatting at her backside. She accused him of slapping her butt. When she told her father of the situation, they went to the police, who obtained the surveillance video from the store. 
RESULT: Prior to trial, the prosecutor amended the charge down to simple assault and battery, and offered a plea deal to our client. We declined, and elected to have a bench trial. We believe that the evidence, most significantly the video, did not meet the proof beyond a reasonable doubt standard to convict the defendant of any crime. The judge agreed, and found our client NOT GUILTY. 

August 24, 2023
Westborough District Court
CHARGE: Operating Under the Influence of Alcohol, Operating without a License. Police were called to the scene where our client had crashed his car into a telephone pole. At the scene, police noticed that our client smelled like alcohol, admitted to consuming several drinks, and was unsteady on his feet. Police also determined that he was operating without a driver's license. 
RESULT: After several hearings, the Commonwealth did not provide the necessary evidence to go to trial, and our motion to dismiss both charges was allowed by the court. 

August 4, 2023
Brookline District Court
APPLICATION FOR CRIMINAL COMPLAINT: Our client was visiting Boston from New Jersey to attend a Red Sox game with friends. He got into a scuffle, and when police got involved, they issued him a citation. He later received a notice of a clerk magistrate's hearing, where Boston Police had applied for a criminal complaint against him for assault and battery
RESULT: This gentleman hired Urbelis Law. We filed our notice of appearance, along with a motion to allow us to represent him at the hearing with his appearance being waived, so that he did not have to book a flight or hotel just to come up for the hearing. The motion was allowed, and after the hearing, we were able to convince the clerk to deny the complaint application. The case was dismissed prior to any formal charge being filed. 

August 1, 2023
Uxbridge District Court
CHARGE: Operating Under the Influence, while license suspended for operating under the influence. Our client was charged with this offense, which carries a mandatory minimum 1 year in jail, all while on probation. He hired Urbelis Law. After review of the case, our client's record, and the procedural history, we found that he was not only charged with the wrong offenses, but he was denied his legal right to a clerk magistrate's hearing pursuant to M.G.L. c. 218 s. 35A
RESULT: We were able to get ahead of these issues case prior to his arraignment, and the ADA agreed with our analysis, dismissing the case prior to arraignment; our client was never even formally charged. 

July 31, 2023
Dedham District Court
RESULT: Case dismissed. 

July 27, 2023
Boston Municipal Court, Charlestown Division
CHARGE: Operating Under the Influence, 2nd Offense. Our client was pulled over after driving 50 mph in a 25 mph zone. He was arrested for OUI 2nd offense (first offense was a conviction from 2014). He refused the breathalyzer, which was beneficial in taking the case to trial, but it led to an immediate 3 year administrative license suspension from the RMV, for a 2nd offense refusal. He hired Urbelis Law, and we took the case to trial. We were able to get a trial within 5 months of his arrest. At trial, the arresting state trooper testified that our client had bloodshot/ glassy eyes, slurred speech, was unsteady on his feet, and argumentative. Our client made the right decision to refuse to submit to the field sobriety tests requested by the trooper, as it minimizes the evidence against him, and his refusal cannot be admitted as evidence at trial. 
TRIAL VERDICT: NOT GUILTY. Attorney Urbelis immediately filed a motion to reinstate our client's driver's license, which was ALLOWED, and the administrative suspension was lifted. Our client was back driving just 5 day after his acquittal. 

July 14, 2023
Boston Municipal Court
RESULT: Case dismissed. 

July 13, 2023
Lowell District Court
CHARGES: Assault with a Dangerous Weapon (felony), Reckless Operation of a Motor Vehicle, Failure to Stop for Police. According to Lowell Police, our client was operating at a high rate of speed in a residential area. When police activated cruiser lights to pull our client over, our client made a U-Turn, drove up on a sidewalk, turned his car around and drove directly at the officer/ cruiser. The officer had to swerve abruptly to avoid being struck, and our client took off. A subsequent investigation later led to our client being charged with these crimes. He then hired Urbelis Law to defend him. 
RESULT: After 6 months of litigation, we were able to resolve this case favorably for our client. The felony Assault with a Dangerous Weapon charge (driving his car at the officer) was dismissed, as was the Failure to Stop charge. Our client was placed on probation with a CWOF, with the condition that he complete a one- day safe driving course. Upon successful completion of probation, the case will be dismissed, no conviction on our client's record, and no points against his motor vehicle insurance. 

June 14, 2023
Lowell District Court
RESULT: Both charges dismissed. 

May 16, 2023
Dorchester District Court
CHARGE: Violation of a 209A restraining order. The complaining witness had a lifetime restraining order against our client, the father of her child. The lifetime restraining order prevented our client from ever contacting either the complaining witness, or their child in common. In April, our client was arrested for allegedly violating that lifetime restraining order. He was held without bail pending his arrangement. His father hired Urbelis Law, and we were able to appear at his arraignment, and have him released on personal recognizance. After reviewing the case, prior to the next court date, we filed a motion to dismiss; the allegations did not amount to violation of the restraining order. 
RESULT: Motion to dismiss allowed, case dismissed. 

April 20, 2023
Malden District Court
CHARGE: Larceny of a Motor Vehicle (felony). Our client had moved to Maine years ago, without ever resolving this criminal case in Massachusetts. It caught up to him when he received notice that his driver's license was suspended, and would stay suspended, until he cleared up the outstanding warrant for his arrest in Massachusetts. He then called our office, and we explained that in addition to helping him surrender on the arrest warrant upon his return to Massachusetts, we'd also need to defend against the underlying charge, a serious felony. He hired us to handle the case. 
RESULT: After having the warrant recalled (so that he could reinstate his driver's license), we were eventually able to resolve this case with an outright dismissal. 

March 28, 2023
Plymouth District Court
APPLICATION FOR CRIMINAL COMPLAINT: Our client was stopped by Plymouth police when he was observed driving a car that did not match the attached plates. He admitted that he had just purchased the car, did not yet have it registered, and had attached the plates from another vehicle in order to drive to work. The police applied for a criminal complaint against our client for attaching false plates, operating without insurance, and operating an unregistered vehicle. 
RESULT: After a clerk magistrate's hearing, the complaint application was denied, and our client's clean record was preserved. 

March 24, 2023
Brookline District Court
APPLICATION FOR CRIMINAL COMPLAINT: Brookline Police were dispatched to our client's apartment due to complaints of banging and screaming. When they arrived, they observed broken bottles scattered around the apartment, and our client's boyfriend with scratches on his arm. He told the police that our client had attacked him, and she admitted to scratching him. The police applied for a criminal complaint of assault and battery on a family/ household member against our client. 
RESULT: After a full evidentiary clerk magistrate's hearing, the complaint application was denied, and our client's clean record was preserved. 

March 22, 2023
Gardner District Court
CHARGE: Operating Under the Influence, 2nd Offense. Our client was observed driving on the wrong side of the road, and when police attempted to pull him over, he continued driving, but eventually came to a stop. Police observed his eyes to be red, his speech slurred, and to smell like the odor of alcohol. He was taken out of his car, where he had to use his hand to hold himself up on the side of his vehicle. He was placed under arrest. 
TRIAL VERDICT: After a bench trial, our client was found NOT GUILTY by the judge. 

March 17, 2023
Milford District Court
CHARGES: Negligent Operation of a Motor Vehicle, Operating without a License. Our client, an undocumented immigrant, was charged after causing an accident that led to bodily injuries. 
RESULT: Both charges dismissed. 

March 3, 2023
Framingham District Court 
CHARGES: Operating Under the Influence, 2nd offense, and OUI with a License Suspended for previous Operating Under the Influence (minimum mandatory of 1 year in jail). Our client was originally represented by a public defender, and pled guilty to the charge of operating under the influence, 2nd offense, and was serving 6 months for violating probation (getting arrested for OUI 2nd while still on probation for his first OUI offense). He then hired Urbelis Law, but because of the guilty plea to OUI- 2nd, we were precluded from arguing that he wasn't under the influence when he was operating the vehicle; we could only contest the issue of whether he was properly charged with doing so while his license was suspended for a previous OUI. 
TRIAL VERDICT: We took the case to trial, and Attorney Urbelis was able to tear apart the prosecution's case with respect to whether he was given proper notice of the prior OUI license suspension. He was found NOT GUILTY at trial, and was released after the previously- imposed 6 month sentence given prior to his hiring Urbelis Law. 

February 15, 2023
Brighton District Court
APPLICATION FOR CRIMINAL COMPLAINT: The Boston Police caught our 19 year- old client, a Boston University student, using a fake ID to get into a local bar. They issuance her a summons, and applied for a criminal complaint against her. 
RESULT: At the clerk magistrate's hearing, we advocated for our client, and the application for a complaint was denied, preserving her record and future. 

February 9, 2023
Quincy District Court
APPLICATION FOR CRIMINAL COMPLAINT: The Quincy Police Department applied for a criminal complaint against our client for violating a 209A lifetime restraining order in place by his ex- girlfriend, mother of his children, who testified at the clerk magistrate's hearing
RESULT: After a full hearing, we were able to demonstrate that there was not probable cause to charge our client with this crime, and the complaint application was denied.  

January 30, 2023
Lawrence District Court
CHARGES: Operating with a Suspended License, Operating with a Suspended Registration, Operating Without Insurance. At the time she was charged with these offenses, our client was out on bail for pending felony ABDW charges in Woburn District Court, and the district attorney originally sought to revoke our client's bail on those charges, due to the new charges. 
RESULT: We were able to avoid having our client's bail revoked, and we resolved the case with a general continuance. As long as our client remains out of further trouble for six months, and doesn't drive, the case will end in a dismissal. 

January 26, 2023
Brighton District Court 
APPLICATION FOR CRIMINAL COURT: Our 19 year- old client, a Boston University student, was discovered by the Boston Police walking down a public sidewalk, underage, drinking a can of beer. He was issued a citation, summonsed to court, and the police applied for a criminal complaint against him. 
RESULT: At the clerk magistrate's hearing, we advocated for our client, and the application for a complaint was denied, preserving his record and future. 

January 17, 2023
Newburyport District Court
CHARGES: Operating Under the Influence, 3rd Offense (minimum mandatory 6 month jail term); Operating Under the Influence while License Suspended for previous OUI (1 year minimum mandatory jail term); providing false identification to police upon arrest. Our 29 year- old client was arrested for the above- listed charges, while his license was not only suspended for a previous OUI, but he'd also served jail time for causing serious bodily injury while operating under the influence. The district attorney filed a M.G.L. c. 276 s. 58A motion for pretrial detention on the grounds that our client was too dangerous to be at liberty during the pendency of the case, for which he was going to be indicted to Superior Court. 
RESULT: After a 2- day hearing on the motion for pretrial detention, we convinced the judge to deny the motion, and our client was released on the pretrial conditions that he remain alcohol free, be tested for drug and alcohol use 3x/ day, and not drive. He has since been indicted, and is still presumed innocent until trial. 

January 10, 2023
Belchertown District Court
CHARGES: Breaking and Entering at Nighttime With Intent to Commit a Felony. Our client was a senior at UMass- Amherst. While intoxicated, he was discovered in the wrong dormitory- a female dormitory. The female resident of one dorm room, who did not know out client, discovered him in her room, yelled at him to leave, which he did. He was later identified through campus surveillance video. Our client was scheduled to graduate in May, and had already been accepted to University of Delaware graduate school of Physical Therapy; any conviction, or even admission, would have put his entire future in jeopardy. 
RESULT: We were able to resolve this case with pretrial probation, no admission, and as long as he stays out of trouble, and attends a total of 10 AA meetings, the case will end in a dismissal. 

Client Reviews
"Ben Urbelis recently represented me in an OUI case in which I had crashed my car. I honestly did not believe I had any chance of beating it, but fortunately for me Ben was outstanding and all charges were dropped. In my first hearing he was calm, assertive and straight to the point. I was extremely impressed and satisfied. I left my hearing feeling confident that I had made the right choice of hiring him. I am positive I would have lost this case and walked away with an OUI if I hadn't. I am very happy with how he handled my case and how reassured I felt having him as my lawyer." MC
"Benjamin Urbelis, an attorney with Urbelis Law LLC, took our call late in the evening when we needed him. Benjamin explained the legal process in a manner that we could understand and provided the legal representation needed to clear up the issue immediately. His experience and credentials were evident in the way in which he handled all of the details of our case and achieved complete success. Thank you Benjamin for your professionalism and wise counsel." FB
"Huge thank you to not only my friend, but my lawyer,Ben Urbelis..I presented him with a case that at first was a bit tricky on paper... but we worked hard together and got all information we needed to prove i was innocent! He knew from the get go a year ago that he was gonna smash this case, and he did!! Cant thank you enough man! If anyone needs a lawyer, hes your guy... no question" PB