RECENT RESULTS AND SUCCESS

PLYMOUTH COUNTY

CHARGE: OUI liquor

Result: Not Guilty! Jury Trial (License Restored)

The police claimed my client was passed out in his vehicle at 3:00 a.m. A nearby store worker claims to have pounded on his car window with no response. She called the police and when they arrived they ordered him out of the car and administered so-called Field Sobriety Tests. After claiming he failed the tests and noticing a smell of alcohol on his breath, my client was charged with OUI. On the day of trial, I successfully argued enough reasonable doubt to secure a Not Guilty. My client’s license is fully restored and the case is closed!

PLYMOUTH COUNTY

CHARGE: OUI liquor (4TH Offense)
Result: Not guilty; Trial. License restored immediately.

The Commonwealth alleged that my client had glassy and bloodshot eyes, strong odor of alcohol emanating from her breath and was unsteady on her feet. At trial, we discredited the police observations and their conclusions to gain a verdict of not guilty and avoid mandatory jail time! After trial, I was able to win a hearing to restore my client’s license to operate a motor vehicle.

NORFOLK COUNTY

CHARGE: Assault and Battery (2 counts)
Result: Case to be dismissed with no admission and no Restraining Order issued; Trial

The Commonwealth alleged that my client had assaulted two people. On the day of trial, I was able to secure a no admission dismissal for my client after demonstrating that we would successfully challenge the key evidence in the case. At the beginning of the case, we successfully challenged their attempt to seek a Restraining Order against my client.

NORFOLK COUNTY

CHARGE: OUI liquor or Over .08 Breath Test, Negligent Operation
Result: Motion to Suppress Breath Test Results allowed and Motion to Dismiss Allowed; Trial

After allegedly striking a pole and another vehicle, my client was charged with OUI and Negligent Operation. At the scene, the police claimed to find nips of alcohol near my client who was unconscious outside of his burning vehicle. At the hospital his blood was taken and the alcohol results converted to a .23 – .25 breath test result. On the day of trial, I successfully argued that the medical records were not properly certified and suppressed the results from evidence in the case. Subsequently, I secured a dismissal of all charges after successfully challenging that key prosecution witnesses could not properly identify my client under applicable legal standards. My client’s license is fully restored and the case is closed!

SUFFOLK COUNTY

CHARGE: Drug Trafficking (Class A Heroin)
Result: Motion to Dismiss Allowed and 3 and ½ year mandatory prison sentence avoided!

The government argued that my client possessed over 30 grams of heroin as part of a drug trafficking scheme. After prevailing at a bail review to have my client released, I successfully argued that the drug certifications were insufficient to prove the substance was in fact heroin.

SUFFOLK COUNTY

CHARGE: Assault and Battery of a Police Officer and Disorderly Conduct; Clerk’s Hearing
Result: Complaint NOT to issue and matter to be dismissed!

My client was accused of assaulting a police officer on two separate occasions and causing a loud disturbance at a place of business. Allegedly, he was swearing at the police and a worker. When asked to leave, he allegedly committed two separate assault and battery offenses on the officer and had to be physically restrained by multiple officers. At a Criminal Clerk’s Hearing, I was able to convince the Clerk NOT to issue the charges and to dismiss the charges if my client stays out of trouble for six months.

ESSEX COUNTY

CHARGE: Domestic Assault and Battery
Result: Motion to Dismiss case allowed! Trial

The prosecution claimed that my client verbally and physically abused the alleged victim. On the day of trial, I successfully argued that there was a lack of credible evidence and the case was dismissed!

NORFOLK COUNTY

CHARGE: Possession with Intent to Distribute a Class B Drug (Cocaine)
Result: Motion to Suppress Allowed and case Dismissed

The Commonwealth charged my client with intent to distribute a Class B Drug (Cocaine). After his arrest, the police found cocaine in his pockets and secured admissions from the people he allegedly sold the drugs to. However, I successfully challenged the constitutionality of the evidence collected and the prosecution was unable proceed with his prosecution when the evidence was suppressed. As a result, the case was Dismissed!

PLYMOUTH COUNTY

CHARGE: Assault and Battery (2 Counts); Clerk’s Hearing and Liquor Commission Hearing
Result: Charges not to issue and no Liquor License Restriction after full hearing

The police investigated a complaint that my client had used mace as a weapon against unruly patrons at a bar he owns on two separate occasions. At the hearing, I was able to convince the Clerk NOT to issue any charges as the use was justified. The town proceeded with a Liquor Commission Hearing and we secured enough votes to leave his license intact and without any restrictions.

PLYMOUTH COUNTY

CHARGE: OUI liquor (3rd Offense)
Result: Motion to Dismiss Allowed! Trial

The Commonwealth alleged that my client had glassy and bloodshot eyes, a strong odor of alcohol emanating from his breath, was unsteady on his feet and failed so-called Field Sobriety Testing. The police found numerous open containers of alcohol in his vehicle and a civilian witness claimed to observe him driving all over the road and at high speeds. On the day of trial my client won after I successfully argued my Motion to Dismiss!