2011 Cases

Rape and Assault and Battery

INCIDENT LOCATION: Webster, MA

COURT: Dudley District Court, 279 West Main Street, Dudley, MA 02445

THE CASE:

The Commonwealth charged the Defendant with Rape and Assault and Battery.

OUTCOME:

The Defense Attorney was able to successfully negotiate with the Assistant District Attorney for a disposition whereby the District Attorney’s Office dismissed the charge of Rape and the Defendant received a Continuance Without a Finding for a period of six months on the charge of Assault and Battery. If the Defendant receives no violations during the six-month period, the charge of Assault and Battery will also be dismissed. Because of this disposition, the Defense Attorney was able to avoid even the possibility of a felony conviction in this matter.



Weapon Charges & Failure to Stop for the Police

The Commonwealth charged the Defendant with two counts of Carrying a Dangerous Weapon and Failure to Stop for Police.

Brookline District Court

The Defense Attorney was able to successfully negotiate a disposition whereby the Defendant was placed on pre-trial probation for a period of six months on all three charges. If, after that six-month probationary period, the Defendant commits no other offenses and otherwise complies with the conditions of his probation, the case will be dismissed. Because the disposition was a period of pre-trial probation, the Defendant did not have to admit to any facts. Moreover, the probation is unsupervised, and thus the Defendant does not have to appear in person to check in with probation every month, and has no special conditions attached to the probation.


Harassment Prevention Order

Plaintiffs applied for a Harassment Prevention Order against Defendants

LOCATION: Newton District Court

THE CASE:

Plaintiffs applied for a Harassment Prevention Order against Defendants. A Harassment Prevention Order, if issued, directs defendants to either refrain from abusing plaintiff, refrain from contacting the plaintiff, remain away from the plaintiff’s home or workplace, pay the plaintiff monetary compensation for losses related to the harassment or any combination of the above. The Order lasts one year and can be extended. Plaintiffs also made allegations of various criminal acts.

Defendants lived in the same Section 8 building as Plaintiffs. Aside from the above-stated exposure, a finding against Defendants could have also affected their ability to stay in said home.

OUTCOME:

The Defense Attorney was able to successfully prevent the Order from issuing against Defendants. The Defense Attorney pointed out that the Plaintiffs were unable to meet their burden under the statute, and thus the Order could not properly issue. As a result, the Defendants’ record will not reflect such an order and they are not potentially subject to the fines, payment of plaintiff’s damages, commitment to treatment programs, and even potential imprisonment that can result from violation of such an order.


Assault & Battery Charges

The Commonwealth alleged that the Defendant assaulted the complainant with such force that the complainant was left with serious injuries.

Cambridge District Court

The Defense Attorney was able to persuade the Court to issue a continuance without a finding for 18 months with a 90-day Duquette. As a result, the matter will be dismissed in 18 months, if the Defendant commits no offenses.


Assault & Sexual Assault Charges

The Commonwealth alleged that the Defendant both assaulted and sexually assaulted a 16 year-old girl.

Brookline District Court

The Defense Attorney was able to successfully negotiate the dismissal of the Indecent Assault and Battery charge, thus avoiding a felony conviction and registration with the Sex Offender Registry Board. The Defendant pled guilty to the Assault and Battery charge, and will serve one year of probation.


Larceny - False Pretenses

The Commonwealth alleged that the Defendant committed larceny over $250 by false pretense

Malden District Court

The Defense Attorney was able to successfully negotiate a one-year pre-trial probationary period with court costs, thus avoiding both immigration issues and a felony conviction.


Theft

The Commonwealth alleged that the Defendant stole over $250.00 worth of merchandise from a local retail establishment

Natick District Court

The Defense Attorney was able to have the case scheduled for a Clerk’s Hearing before the Defendant was arraigned on the felony charge. At the Clerk’s Hearing, the Defense Attorney successfully argued that the case should be continued for six months, and if the Defendant commits no crimes and is not arrested within the six months, the complaint on this matter will never issue. Because this matter was never arraigned, the matter will not appear on the Defendant’s record.
 

Assault with a Dangerous Weapon; Disturbing the Peace; Weapons Charges

The Commonwealth charged the Defendant with assault with a dangerous weapon (to wit: a firearm); disturbing the peace; and carrying a licensed firearm while intoxicated.

LOCATION: Brockton District Court

THE CASE:

The Commonwealth charged the Defendant with assault with a dangerous weapon (to wit: a firearm); disturbing the peace; and carrying a licensed firearm while intoxicated.

OUTCOME:

The Defense Attorney was able to successfully negotiate the breaking down of the felony charge, assault with a dangerous weapon, to a straight assault charge, which is a misdemeanor. The Defendant pled guilty to the three misdemeanors and received one year of probation. The Defense Attorney requested that the probation be unsupervised, and the Court granted that request. As a result, the Defendant has no felony convictions, does not have to appear in person to check in with probation every month, and has no special conditions attached to his probation.