2011 Case Summaries
December 28, 2011
Waltham District Court
No. 1151 CR 2070
Client, 26-year old female is alleged to have struck her boyfriend with a glass bottle on the back of the head after a night of ‘heavy drinking’. The boyfriend informs the Prosecutor that he intends to invoke his ‘Fifth Amendment Right’, thereby refusing to testify against the Client. As a result, the Prosecutor this day moves to dismiss the charge, Assault and Battery by means of a Dangerous Weapon ( Felony ).
RESULT: Case Dismissed, Previous ‘Clean Record’ Preserved.
December 27, 2011
Middlesex Superior Court
No. 2010 CR 722
Client, 47-year old former police officer is charged, along with his Son and several others, of conspiring to sell and distribute cocaine. The State Police utilized ‘wiretap’ surveillance, search warrants and ‘confessions’ which eventually lead to widespread indictments. After more then a year, which involved countless hearing(s) and meetings, the Client this day, after pleading guilty, was sentenced to 3 years in State Prison for his role in the ‘organization’.
RESULT: Client Sentenced to Prison,‘Enhanced Prison Confinement’ after Trial was likely Avoided.
December 21, 2011
Waltham District Court
Clerk Magistrate Hearing
No. 1151 AC 354
Client, young female school teacher had been constantly harassed by an old boyfriend. Eventually criminal charges are filed against the ex-boyfriend. In response, the ‘ex’ files a petition for a criminal complaint against the Client. A hearing is held, testimony is given by all parties, including a police officer. At the conclusion, the Clerk- Magistrate finds that there is “no probable cause” to issue a criminal complaint against the Client.
RESULT: Case Dismissed, No Criminal Charge(s) Issued.
December 21, 2011
Middlesex Superior Court
No. 1009 CR 1197
Client, 21-year old man on probation for Armed Robbery is charged with another crime along with ‘testing positive’ for drug use. The Probation Officer urged the Judge to sentence the Client to prison. Attorney Kelly argued for a ‘drug program’ alternative, with other conditions, the Judge agreed and the Client was ordered to enter and complete said program.
RESULT: Prison Confinement Avoided, ‘Drug Program’ Ordered, Client Remains on probation to original date.
December 19, 2011
Waltham District Court
No. 1151 CR 808
Client, 36-year old man is charged with several crimes ranging from Breaking and Entering of a Motor Vehicle in the Daytime with the intent to commit a Felony, Malicious Destruction of Property ( Felony ) and Receiving Stolen Property. It was alleged that the Client ‘broke into a vehicle’ and ‘stole’ various items from within. The police investigated the incident and determined that the Client was responsible for the aforementioned crimes. The matter was scheduled for trial, the Prosecutor’s alleged ‘eye witness’ failed to show for trial, necessitating a dismissal of all charges.
RESULT: Case Dismissed, Conviction and Possible Jail Sentence Avoided.
December 15, 2011
Waltham District Court
No. 1051 CR 2054
Client, 48-year old man is charged with Operating Under the Influence of Alcohol ‘O.U.I.’ 2nd offense. While operating his vehicle, the Client is alleged to have collided and caused considerable damage to a utility pole, fence, and a stonewall. The Client’s vehicle left the scene with damage to the front end of said motor vehicle. The police ‘followed the trial of debris and engine fluid’ and began to question the Client at his home. The reporting officer smelled a ‘moderate odor’ of alcohol upon the Client and arrested him. The Client maintained that he struck the stonewall, left the area because he ‘panicked’ and went home without reporting the accident to anyone. The Client further stated that the ‘prescribed medication he received that day’ led to his loss of control of the vehicle. The case was tried this day before a jury, after cross-examination by Attorney Kelly, closing arguments and instructions by the judge to the jury, a verdict was returned in ‘12 minutes’. The Client was found NOT GUILTY of O.U.I. 2nd Offense and guilty of leaving the scene of an accident.
RESULT: Not Guilty after Jury Trial as to 2nd Offense O.U.I., Client placed on Probation with regard to the remaining charge(s).
December 12, 2011
Waltham District Court
No. 1151 CR 1923
Client, 29-year old man who had played top level collegiate basketball and experienced a brief tour in the NBA, is charged with multiple assaultive felonies against his ex-fiancé. It is alleged that the Client assaulted the alleged victim with a kitchen knife and held her against her will at the previously shared apartment after a domestic dispute. The police investigated the incident and the Client was held without bail. The prosecutor later determined that there was not sufficient evidence to proceed in Superior Court on the charge of ‘kidnaping’, and that particular charge was promptly dismissed. The case therefore remained in the District Court for several weeks before a resolution was achieved. In essence, the Client offered an‘Alford Plea’ to the remaining charges, although not admitting guilt or admitting to sufficient facts, he essentially did not contest the charges or the facts set forth by the Prosecutor. In exchange, the Client will be on probation for 2 years, enter and complete a ‘Batter’s Program’, abide by the Restraining Order and otherwise demonstrate good behavior. At the conclusion of the 2 years probation period, if the foregoing conditions are met and/or complied with, his case in its’ entirety will be dismissed.
RESULT: Conviction, Grand Jury Indictment, Prison Sentence, Criminal Record Avoided.
December 6, 2011
Waltham District Court
No. 1151 CR 591
Client, 26-year old man with a prior criminal record for assaultive behavior and other crimes, is alleged to have confronted his Brother over a dispute and attacked him. He is charged with Assault and Battery and Assault and Battery with a Dangerous Weapon ( a Felony ). Attorney Kelly is retained and begins an investigation into the ‘incident’. It is determined that the ‘facts’ related to the police by the Brother at the time of the incident are ‘suspect’. As a result, the case is placed for trial, on this day, the Brother and any and all alleged witnesses, fail to ‘show up’ for trial, resulting in the dismissal of the case.
RESULT: Case Dismissed, Likely Confinement in the House of Correction Avoided.
December 5, 2011
Waltham District Court
No. 1151 CR 1442
Client, 52-year old hard working married father of a 2-year old son with no prior criminal record, was charged with Felony Larceny and Assault and Battery. The Client steadfastly denied any knowledge and or involvement in the alleged crime. It was alleged by the prosecutor that the Client was ‘ripping off’ local Home Depot stores and had a physical altercation with an employee who attempted to intervene during the theft. The Client was charged after the ‘employee’ picked his photograph from a photo array that was compiled by the police. It is alleged that a piece of paper was left behind by the ‘perpetrator’ that listed the name of the Client upon it. Attorney Kelly was retained and a ‘show up’ lineup between the ‘employee’ and the Client was conducted. After which, the ‘employee’ was now a 100% positive that the Client WAS NOT THE PERPETRATOR. As a result, the Prosecutor moved to dismiss the case.
RESULT: Case Dismissed, ‘Clean Record” Preserved.
November 29, 2011
Newton District Court
No. 1112 CR 708
Client, 37 year-old medical doctor was arrested by the police at his home after they responded to a 911 ‘hang up’ call. Despite the wife’s assertion that ‘it was only a verbal argument’, he was arrested, held in jail and arraigned in Court for Domestic Assault and Battery. Attorney Kelly was retained and a series of conferences with the family and the prosecutor were conducted. On this day, the Court inquired as to the wife’s willingness to ‘testify’ against her husband and she declined, citing in part her ‘marital privilege’ not to be a witness against her spouse. As a result, the case was dismissed by the Prosecutor.
RESULT: Case Dismissed, Adverse Consequences Concerning ‘Medical License’ Avoided.
November 15, 2011
Waltham District Court
Clerk Magistrate Hearing
No. 2011 AC 3791
Client, 53-year old female with a prior record of operating under the influence of alcohol ‘O.U.I.’ 4th offense ( 3 prior convictions ), is again suspected of O.U.I. while operating a ‘motor scooter’. The alleged facts are essentially that she was operated said vehicle on a public way while under the influence of alcohol, resulting in an accident. The police investigated the incident and she was summoned to Court for a Clerk’s Hearing to determine whether criminal charges, in particular, an offense for O.U.I. 4th would issue. Attorney Kelly presented legal argument and cross-examined the police officer. After hearing, the Clerk-Magistrate determined that ‘Probable Cause’ did not exist for this issuance of the criminal complaint for O.U.I. 4th and criminal process on that charge did not issue.
RESULT: Criminal Complaint for 4th Offense O.U.I. Not Issued, Minimum 2 year House of Correction Confinement Avoided.
November 10, 2011
Suffolk Superior Court
No. 1996 CR 387
Client, 43 year-old male who is suffering from the HIV virus, has been on probation for approximately 10 years after his release from prison, as a result of a serious offense dating back to 1996. The Client has also suffered with a ‘drug addiction’ prior to and since his release from prison. As a result, the Client was arrested on a drug offense and held pending trial. Attorney Kelly secured his release, which allowed his immediate entry into a ‘drug program’ that is monitored by probation. Today, a hearing was held in Suffolk Superior Court to determine whether the Client would return to prison as a result of the ‘new offense’. The Court agreed with Attorney Kelly and the Client was allowed to continue with the ‘program’ and avoid a return to prison at this time.
RESULT: Return to Prison Avoided, Alternative ‘Drug Program’ Allowed by the Court.
November 7, 2011
Waltham District Court
No. 1151 CR 1222
Client, 36 year-old male is arrested and charged with a series of major felonies, including Mayhem, A&B with a Dangerous Weapon, Attempted Murder and Attempted Arson of a Dwelling House. At a Pre-Trial Detention Hearing, based upon the allegations and the Defendant’s criminal record, he is held pending trial. Attorney Kelly investigates the allegations and interviews witnesses, including the ‘alleged victim’. After a series of hearings, the Prosecutor acknowledges that there is insufficient evidence to proceed to trial. On this day, the Client is released from custody and all charges are dismissed.
RESULT: Major Felony Charges Dismissed, Grand Jury Indictment Avoided, Lengthy Prison Confinement Avoided.
October 25, 2011
Waltham District Court
No. 1151 CR 495
Client, 22 year-old male is alleged to have committed an unarmed robbery and a assault and battery with a dangerous weapon upon another male as a result of an argument over a past incident. The alleged victim is known to have a history of violence and a criminal record. Despite the Client’s assertion to the police that he was not the aggressor and did not steal from the ‘victim, he was arrested and arraigned for the aforementioned charges. Attorney Kelly independently investigated the incident and reported same to the Prosecutor. As a result of this information and other ‘issues’, the Prosecutor this day dismissed all charges.
RESULT: Major Felony Charges Dismissed, Grand Jury Indictment Avoided, Possible Prison Time Avoided.
October 24, 2011
Newton District Court
No. 1112 CR 223
Client, 24 year-old female Russian immigrant was arrested and charged with multiple felonies stemming from an alleged ‘shoplifting ring’. The prosecutor alleged the Client and other co-conspirators where engaged in sophisticated theft of expensive merchandise through out the Northeast. After a series of hearings on the issue of ‘illegal search and seizure’ by the police, the Prosecutor was forced to dismiss all charges relative to the arrest.
RESULT: Felony Charges Dismissed, Adverse Immigration Consequences Avoided.
October 19, 2011
Waltham District Court
Clerk Magistrate Hearing
No. 1151 AC 304
Client, 46 year-old male was playing pool with a few friends at a local bar. One of his friends allegedly made an ‘inappropriate comment’ to another patron’s girlfriend. The Client said nothing and was not involved in any way with regard to the incident. As he was leaving the bar a short while later, he was jumped and physically assaulted by the ‘patron’ who had mistakenly believed that the Client was the ‘source of the remark’. The Client suffered a broken nose and other minor injuries. The police were summoned and failed to arrest the ‘offending patron’. As a result, the Client applied for a criminal complaint for assault and battery against the patron. After receiving ‘notice’ of the hearing, the patron filed a ‘cross complaint’ for assault and battery AGAINST the Client. After an extensive hearing, the Clerk-Magistrate dismissed the patron’s application against the Client and issued a criminal complaint for assault and battery against the patron.
RESULT: ‘Cross Criminal Complaint’ Dismissed, Criminal Complaint Issued Against Offending Party.
October 17, 2011
Waltham District Court
No. 1151 CR 1742
Client, 57 year-old male involved in a contentious divorce is accused and arrested for allegedly violating a restraining order that prevents him form contacting his wife in any manner. The police allege that the Client called her house, hung up and did not leave a message. The origin of the call(s) were traced back to the Client’s home phone. He was arrested and placed in jail for over the weekend. Attorney Kelly was retained and with very minimal investigative effort, discovered that the couple’s son had made the phone calls in an attempt to reach his mother. The Prosecutor dismissed the complaint prior to arraignment and the Client was set free.
Result: Case Dismissed Prior to Arraignment, No Record of Court Case.
October 11, 2011
Eastern Hampshire District Court
No. 1198 CR 1734
Client, 36 year-old college graduate with no criminal record is charged with stealing ‘public property’ from a public works road project. The Client, along with his girlfriend are alleged to have ‘filled’ his pick-up truck with various pipes and manhole covers. The Client is immediately arrested by local police and confesses to the crime of stealing property with a value in excess of $250.00, a felony. The Client retains Attorney Kelly who persuades the Prosecutor to allow the Client to ‘admit to sufficient facts’. The Court agrees, Client is placed on 6 month probation, after successful completion of ‘administrative probation’, his case will be dismissed with no record of an adverse finding.
Result: Felony Conviction Avoided, ‘Clean Criminal Record Preserved’.
October 6, 2011
Middlesex Superior Court
No. 2011 CR 268
Client, 21 year-old male with no record of criminal convictions, is charged with making threats ( 2 counts ) and ( 1 count ) of a claiming to possess and/or deploy an explosive device [ bomb ]. The Client is alleged to have called his ex-girlfriend on her cell phone several times while she was attending college. It is alleged that he, upset over their ‘break up’, was going to ‘blow up her school’. A portion of the alleged threat is recorded on the ex-girlfriend’s cell phone. The Client is indicted by a Grand Jury and the case eventually proceeds to trial. The jury returns a guilty verdict as to the ‘bomb threat’ and not guilty verdicts as to the other ‘threat indictments’. At sentencing, the Prosecutor requests that the Judge impose a 2-4 years committed State Prison sentence. Attorney Kelly argues for a ‘split sentence’ [ where a portion of a committed sentence is suspended and the defendant is placed on probation upon release from custody ] with confinement in the County House of Correction and mental health counseling upon release. The Court agrees, and the Client is sentenced to 2 ½ years committed, 18 months to serve, balance suspended for 2 years, with mental health counseling required upon his release to probation.
Result: State Prison Confinement Avoided.
October 4, 2011
Newton District Court
No. 1112 CR 429
Client, 18 year-old high school senior, along with 3 other youths, allegedly broke into an ‘abandoned home’ with the intent to commit further crime. The Client was charged with breaking and entering with the intent to commit a felony. The pending ‘felony’ charge alone is automatic dismissal from any H.S. athletic team and possible suspension from the school. Attorney Kelly immediately met with the police officers involved and the Prosecutor. The charge was reduced to breaking and entering with the intent to commit a misdemeanor and the Client was placed on ‘Pre-Trial Probation’ to the end of the school year. In essence, after successful completion of PTP, his case will be dismissed with no record of ‘admission’ or finding of guilt.
Result: Felony Conviction, School Discipline and Loss of Privileges Avoided.
September 22, 2011
Waltham District Court
No. 1151 CR 655
Client, illegal alien, 22 years-old is charged, along with another, of Unarmed Robbery of a young man, age 19, outside the public library. Attorney Kelly, along with his private investigator, investigates the allegations and presents their findings to the prosecutor. Upon review, of this report and the prosecutors own review of the alleged ‘facts’, the charge is reduced to ‘larceny from the person’. The Client this day admits his wrong doing and is placed on probation. After a successful 11 month probation period, his case will be dismissed. However, his issues with Immigration ‘ICE’ will remain, although the severity of the initial alleged crime and the potential level of punishment has been drastically reduced.
Result: Conviction and Indictment Avoided, Additional ‘Enhanced’ Adverse Immigration Consequences Mitigated.
September 20, 2011
Newton District Court
No. 1121 CR 469
Client, 39 year-old mother is charged with assault and battery with a deadly weapon upon her husband. She is arrested, charged and arraigned in Court on 8/8/11. She is alleged to have struck her husband in the head with a phone. Attorney Kelly convinces the Court and the Prosecutor, that the alleged ‘victim’, her alcoholic abusive husband was likely the aggressive ‘abuser’ in this case. As a result, her case is dismissed.
Result: Case Dismissed, further Court Involvement Avoided.
September 9, 2011
Newton District Court
No. 1112 CR 428
Client, 21 year-old single mother of a young child with no criminal record, is charged with assault and battery on her boyfriend. The police officer investigating the ‘incident’ determines that the Client is the “primary aggressor” ( despite credible evidence to contrary ). She is arrested, booked, held in jail and arraigned. Attorney Kelly immediately investigates and provides the Prosecutor with ‘information/evidence’ that the Client is more likely to have been a ‘victim’ rather then an ‘unprovoked combatant’. The Prosecutor concedes and the case is dismissed.
Result: Conviction Avoided, ‘Clean Record’ Preserved, Case Dismissed.
September 8, 2011
Newton District Court
No. 1112 CR 496
Client, 30 year-old Chinese immigrant with no criminal record is charged with several counts of identity fraud which include (2) felony counts. The circumstances of the case involve the application for credit cards and the purchase of items based upon ‘false identity’ information. A conviction on the felony charges will likely lead to deportation and/or adversely impact the Client’s ability to leave the U.S. and freely return and/or become a U.S. citizen. Attorney Kelly persuades the Prosecutor to dismiss the felony charges, thereby leaving (2) minor misdemeanor charges to which the Client ‘admits to sufficient facts’ and is placed upon ‘administrative probation’. After a successful completion of a 6 month probation period, his case will be dismissed.
Result: Felony/Misdemeanor Conviction and Adverse Immigration Consequences Avoided.
September 2, 2011
Lowell District Court
No. 1111 CR 1537
Client, 48 year-old former US Marine was legally hunting on public property when he was confronted by an off-duty police officer and another male. After a brief ex-change of words a fight broke out between my Client and the other two men. The Client sustained lacerations and bruising to his face and neck. One of the other men was also injured in the melee. All parties were charged with various assault and battery complaints. As a result of lengthy discussions and meetings with the prosecution, the charge(s) against the Client were dismissed prior to arraignment.
Result: Case Dismissed, further Court Involvement and Potential Criminal Record Avoided.
August 16, 2011
Attleboro District Court
No. 1134 CR 1130
Client, 58 year-old male with a history of domestic assault charges and mental health problems, is charged with violating a restraining order while incarcerated. The R.O. was issued to his ex-girlfriend prior to the Client’s confinement on an unrelated matter. The Client is alleged to have enlisted a former inmate to contact his ex-girlfriend upon his release from prison. A hearing was held before the Clerk- Magistrate who issued the criminal complaint for violation of the R.O., despite the lack of evidence that the Client encouraged, requested or enlisted the former inmate to contact said person on his behalf. The Client was arraigned and the case scheduled for a hearing for a ‘Motion to Dismiss’. On this day a hearing was held before a District Court judge who agreed with Attorney Kelly, that the ‘…criminal complaint should have never issued…’ As a result, the Court allowed the Motion to Dismiss and the case was dismissed forthwith.
Result: Case Dismissed, further Incarceration Avoided.
August 15, 2011
Newton District Court
No. 1112 CR 237
Client, 46 year-old female is charged with a felony charge of Assault and Battery by means of a Dangerous Weapon, a ‘baseball bat’. The Client is alleged to have confronted her ex-boyfriend over an undisclosed personal issue, that led to a physical altercation and the eventual ‘alleged use’ of a baseball bat upon him. When Police arrived, the Client had left the area. The ex-boyfriend had apparently suffered injuries to his legs and upper body and reports that his ex-girlfriend attacked him without provocation. The Client was eventually located, arrested and charged as stated. After several hearings, the case was set for trial. Attorney Kelly investigated the incident and discovered several ‘inconsistencies’ in the ex-boyfriend’s ‘story’. On this the day of trial, the prosecution dismissed the case, citing an inability to locate the ‘ex-boyfriend’.
Result: Case Dismissed, Felony Conviction Avoided.
August 9, 2011
Boston Municipal Court
Clerk Magistrate Hearing
No.
Client, 72 year-old retired engineer was operating his motor vehicle in the City of Boston when a grade school student, late for her bus, ran in front of the Client’s vehicle resulting in minor injuries. Several witnesses to the incident claimed the Client attempted to leave the area without stopping. The police arrived and the Client was summoned to Court for a hearing to determine whether a ‘criminal complaint’ should issue against him for Leaving the Scene after causing Personal Injury. Attorney Kelly’s investigation revealed that the Client was merely attempting to secure his vehicle ‘outside’ the traffic lane, and was not attempting to flee the area. The Magistrate agreed, an the criminal complaint did not issue.
Result: Criminal Complaint Application Denied, Case Dismissed.
August 8, 2011
Dedham District Court
Clerk Magistrate Hearing
No. Withheld
Client, 58 year-old male with a history of mental issues and a long standing criminal record is summoned to Court for a ‘criminal complaint hearing’ alleging the crime of ‘Criminal Harassment’ . In short, said crime is defined as a series of acts directed at a person who would likely suffer emotional distress as a result therefrom. At the conclusion of the hearing, the police prosecutor failed to establish the elements required for the criminal complaint to issue.
Result: Criminal Complaint Application Denied, Case Dismissed.
August 3, 2011
Quincy District Court
No. 1150 CR 3047
Client, 23 year-old college student with no criminal record is charged with a number of motor vehicle infractions and several criminal charges that stem from the ‘improper’ use of a motorcycle. The Client is alleged to have operated his motorcycle without proper equipment, license, and further failed to stop for police while operating in a negligent and endangering manner, etc. . A complete discussion of the facts is not necessary, suffice to say, the Client faced the loss of his motor vehicle license and his ‘clean record’. The Prosecutor sought a guilty finding on the criminal charge(s). Attorney Kelly persuaded the Court to continue the criminal charges ‘without a finding’ and to enter a ‘not responsible’ on the civil motor vehicle infractions, thereby preserving his ‘clean record’ and avoiding a suspension of his driver’s license.
Result: Conviction Avoided, Lack of Criminal Record Preserved, Suspension of Driver’s License Avoided.
August 2, 2011
Waltham District Court
No. 1151 CR 909
Client, 51 year-old female with long history of substance abuse and associated criminal record was charged with a felony charge of malicious destruction of property and assault and battery upon her Sister. A conviction on either charge would have certainly resulted in significant incarceration based in part on the Client’s record and the purported facts of this case. An investigation by Attorney Kelly revealed that the Prosecutor would likely face obstacles concerning the ‘victim’ and another witness. Prior to scheduling the case for trial, the prosecutor agreed and filed a “nolle prosequi” on all charges. In essence, the trial does not proceed and the case is dismissed.
Result: Conviction, Imprisonment Avoided.
August 1, 2011
Waltham District Court
No. 1051 CR 1816
Client, 36 year-old married father of 3 young children was arrested for allegedly improperly securing a number of firearms at his home. The police arrived at the Client’s home at the request of the Client’s in-laws who demanded that he and his ‘guns’ be removed from the duplex home that they owned, and that he ( Client ) his wife and children resided in. The Client was not arrested, but voluntarily left the residence to avoid any further altercations. The firearms and ammunition were removed by the police and held as evidence. Through out the protracted pendency of the case, Attorney Kelly continued to stress the point to the prosecutor that the allegation(s) his Client ‘…improperly stored and/or secured his firearms is totally without merit…’ A trial occurred this day on the central issue as to whether the Client improperly stored the firearms in question. At the conclusion of the Prosecutor’s case, the Court directed a Not Guilty verdict to all charges.
Result: Not Guilty Verdict, Conviction, Imprisonment, Criminal Record, Avoided.
July 29, 2011
Natick District Court
Clerk Magistrate Hearing
No. 1187 AC 324
Client, 17 year-old female college bound high school senior was arrested with several other teenage friends in the Mall after attempting to leave a store with several ‘concealed’ garments. All the teenagers were arrested, parents notified and the case was continued for hearing before a Magistrate to determine whether a ‘criminal complaint’ for larceny should issue. ( The issuance of a criminal complaint creates a record of ‘public’ court involvement.) Attorney Kelly persuaded the Magistrate not to issue the complaint, thereby avoiding a record of court involvement. The teenager(s) where ordered not to return to the Mall for six months and remain otherwise free of any criminal mischief.
Result: Criminal Complaint and ‘Court Record’ Avoided.
July 12, 2011
Waltham District Court
No. 1151 CR 352
Client, 47-year old Russian immigrant is charged with Attempting to Murder his wife during a domestic dispute. Attorney Kelly investigates the allegations and a series of hearing(s) are held over several months. During the pendency of the case, Attorney Kelly persuades the Court to allow the Client to be ‘free from jail confinement’ on the basis that he can be monitored by a GPS ‘ankle bracelet’. On a April 25, 2011, Attorney Kelly and the prosecutor agree that there is ‘insufficient evidence’ to proceed on the ‘Attempted Murder Count’ and the charge is dismissed. On this day, ( day of trial ) the remaining charge of assault and battery is dismissed as well, due to the failure of the Prosecutor to proceed to trial.
Result: Client Released from GPS, All Charges Dismissed, Jail Sentence Avoided, Immigration Consequences Avoided.
July 11, 2011
Middlesex Superior Court
No. 2010 CR 641
Client, 58 year-old male is charged with Attempting to Murder his landlord during a fight over issues involving the Client’s tenancy. The landlord ‘victim’ suffers significant head trauma. The Client has a history of ‘mental health’ issues and a lengthy ‘violent’ criminal record. Attorney Kelly employs the services of a forensic psychiatrist to examine the Client relative various issues pertaining to his mental health. A number of conferences are held between Attorney Kelly, the prosecutor, the Court, family member(s) of the Client and the Client. The Prosecutor requests that the Court impose a 5-7 year State Prison Sentence which is in accordance with proposed ‘sentencing guidelines’. As a result of the psychiatrists ‘report’ and Attorney Kelly’s sentencing argument and recommendation, the Court departs from ‘sentencing guidelines’ and imposes a 3-5 year State Prison with 3 years of supervised probation to follow upon his release.
Result: Additional State Prison Time Avoided.
July 11, 2011
Newton District Court
No. 1012 CR 824
Client, 17 year-old female senior high school student was charged possession of marijuana with the intent to distribute upon school grounds. It was alleged that school officials had witnessed a ‘sale’ or distribution between Client and another student. ( a conviction of the distribution of ‘drugs’ within a ‘school zone’ carries a mandatory 2 year jail sentence ). Attorney Kelly filed a Motion to Suppress Evidence based upon the claim that school officials violated the Client’s Constitutional Rights and the General Laws of Massachusetts during their search and investigation of the incident. A hearing was held to address these issues, on June 21, 2011, the Court ‘suppressed’ any and all evidence confiscated by the school officials and the police. As a result, all criminal charges where dismissed this day.
Result: Conviction Of All Charges And A Mandatory Jail Sentence Avoided.
June 24, 2011
Newton District Court
No. 1112 CR 37
Client, 55 year-old female college professor was charged with a felony charge of assaulting her son with a dangerous weapon. It was alleged that during a verbal argument, that she struck her son with a telephone. In response, a 911 call was made to police and she was arrested, charged and arraigned in Court. After several pre-trial hearings, the Judge agreed with Attorney Kelly’s request that Client be placed on ‘pre-trial probation’ for approximately a month. At the conclusion of which her case will be dismissed and her previous ‘clean record’ will be preserved.
Result: Felony Conviction Avoided.
June 7, 2011
Waltham District Court
No. 1151 CR 35
Client, 22 year-old college student was charged with various violations of a restraining order and alleged assaultive conduct towards a former girlfriend. The client consistently maintained his innocense relative to any assaultive behavior. After several hearings that focused on the information pertaining to alleged violent acts, the Prosecutor conceded that there was insufficient evidence to proceed on those charges. As a result, all of the domestic Assault and Battery charges were dismissed. The Client acknowledged that he had ‘technically’ violated one of the restraining order charges to which he was placed on probation for 3 months. At the conclusion of which, his case will be dismissed. The remaining violation(s) of a restraining order were dismissed for a lack of credible evidence.
Result: Assault and Battery, Violation of Restraining Order Charge(s) Dismissed, Remaining Charge Continued Without a Finding for 3 Months.
June 6, 2011
Newton District Court
No. 1981 CR 1008
Client, in 1981 was a 19 year-old teenager who happened at that time to follow with the ‘wrong group’ of kids. As a result, he was arrested and charged with stealing automobile tires in excess of $100.00. In 1981, under Mass. Law, any theft of items over $100.00 was a felony. The Client was brought to court, an attorney was appointed to him and his case was continued to another day. On the next court date, the client, upon the advice of his attorney, pled guilty to the felony. As a result, the Client became a ‘convicted felon’ thereby limiting his career development and other countless opportunities. Approximately 30 years later, the Client retains Attorney Kelly to essentially ‘undo the injustice’ of so many years ago. A hearing is held, arguments for a new trial based upon ‘ineffective assistance of counsel’ and ‘injustice’ are heard before the Court. The Court agrees, the Client’s felony conviction is vacated from his record.
Result: Felony Conviction Vacated, Record Cleared.
May 27, 2011
Cambridge District Court
No. 1152 CR 562
Client, 52 year-old German Scientist is charged with Assault and Battery after punching another motorist in a ‘Road Rage’ incident. Client initiated a ‘fight’ with this male after a brief verbal argument concerning the ‘victim’s’ driving actions. Attorney Kelly contacted the ‘victim’ whereby an ‘Accord and Satisfaction’ was executed. In essence, the victim receives a sum of money and indicates to the Court that [he] has been compensated and requests the Court to dismiss the case. The Judge agreed with Attorney Kelly’s Motion to Dismiss the Charge Prior to Arraignment over the objection of the Prosecutor.
Result: Case Dismissed Prior to Arraignment, No Record of Court Involvement
May 26, 2011
Waltham District Court
No(s). 1151 CR 691, 1151 CR 486
Client, 27 year-old aspiring fire fighter is charged with OUI. Any unfavorable disposition will likely result in his inability to become a fire fighter. Attorney Kelly indicates to the prosecutor that the alleged facts relative to the central issue of operating under the influence of alcohol are in serious doubt. The Prosecutor agrees and dismisses the OUI charge and allows the defendant to plead to the significantly less charge of operating to endanger. The defendant is placed upon a period of short probation, upon successful completion, his case will be dismissed.
Result: OUI Charge Dismissed, lesser charge Dismissed upon Completion of Probation, ‘Clean Record’ Preserved.
May 17, 2011
Middlesex Superior Court
No. 2010 CR 291
Client, 28 year-oldmale with a history of mental issues, rang the door bell of a high school friend he had not seen for many years until recently. It was a week before Christmas and as the victim answered the door, the Client uttered the words ‘Happy Holidays’ and plunged a knife into the stomach of the victim and ran away. The victim was rushed to the hospital and survived the attack. The Client was subsequently arrested and charged with home invasion and attempted murder. Attorney Kelly immediately retained the services of a forensic psychiatrist who along with another doctor concluded that the Client was not criminally responsible for his actions based upon severe mental illness at the time of the incident. After approximately 2 years of pre-trial hearings and mental health treatment and evaluations, the case was finally scheduled for trial. On this day, after the conclusion of a jury waived trial, a Superior Court Judge found the Client Not Guilty by Reason of Mental Disease or Defect.
Result: Verdict – Not Guilty By Reason of Insanity.
May 16, 2011
Waltham District Court
No. 1051 CR 1993
Client, 21 year-old male college student was charged with Breaking and Entering into his girlfriend’s home and committing an Assault and Battery. The Client’s family immediately retained the services of Attorney Kelly who initiated an investigation, utilizing the services of his private investigator and other resources. After several months of pre-trial hearings and meetings with the Prosecutor and police, the Prosecutor this day filed a “nolle prosequi”, essentially dismissing the case before trial.
Result: Case Dismissed.
May 13, 2011
West Roxbury District Court
No. 1106 CR 165
Client, 36 year-male was arrested and charged with 3 counts of Assault with a Dangerous Weapon, alleging that his vehicle attempted to strike several Boston Police Officers and caused Malicious Destruction to a police vehicle. The police were responding to the Client’s home as a result of a family disturbance. Upon their arrival, the Client was emotionally enraged and attempted to leave the area in his motor vehicle. A standoff ensued and the State Police and Boston Police SWAT Team were summoned to the scene. The Client was eventually arrested and transported to a local hospital for psychiatric evaluation. On this day, after several pre-trial conferences, Attorney Kelly persuaded the Prosecutor that his Client was unjustly charged with regard to the Assault charges and that his vehicle unintentionally struck the police cruiser. As a result, the assault charges were summarily dismissed and the malicious damage charge was continued without a finding for a year. The Client was placed on ‘administrative probation’, and the remaining charge will be dismissed as well as long as the Client remains free from further court/police involvement.
Result: Felony Charges Dismissed.
May 4, 2011
Waltham District Court
No. 1051 CR 2161
Client, 25 year-old male was charged with Breaking and Entering a Motor Vehicle with another in the Night Time with the Intent to Commit a Felony. The issue of the Client’s involvement rested upon the a valid identification of him at trial by the owner of said vehicle. Attorney Kelly’s pre-trial investigation revealed that the ‘owner’ was unlikely to cooperate with the prosecution. Attorney Kelly and co-counsel for the co-defendant set the matter for trial and on this day, the Prosecutor filed a “nolle prosequi”, essentially dismissing the case before trial.
Result: Case Dismissed.
May 3, 2011
Suffolk Superior Court
No. 2011 CR 10252
Client, 50 year-old male is on probation for a multitude of offenses involving assaultive behavior against his ex-wife. While attending a ‘divorce hearing’ in Probate Court, the Client said the word ‘hello’ to his ex-wife. The terms and conditions of his probation prohibited any contact directly or indirectly with her. The ex-wife’s divorce attorney brought the matter to a Clerk-Magistrate of the local District Court and a complaint was issued against the Client for Violation of a Restraining Order. Today, the Client’s Superior Court Probation Officer requested that the Client be sentenced to State Prison for 18 months for said violation. Attorney Kelly argued to the Superior Court Justice that the request for any term of incarceration for uttering the word ‘hello’ was “unconscionable and egregious”. Today, the Court agreed and the Client was released without any confinement.
Result: Prison Sentence Averted.
April 29, 2011
Newton District Court
No. 1012 CR 982
Client, 74 year-old female, was charged with Possession of a Firearm and Ammunition without an FID Card. Client, who lives primarily in the State of Florida was visiting in Massachusetts. The Client apparently engaged in an argument with another which brought the attention of the police. After a brief investigation, the police sought a complaint against the 74 year-old grandmother and she was eventually arraigned in Court. These particular charges carry a possible jail sentence if convicted. Attorney Kelly persuaded the Court to allow the Client to ‘admit to sufficient facts’ relative to the incident, and continue her case essentially without a finding. At the conclusion of an ‘administrative’ period of probation, ( whereby the Client need not report to the Probation Department ) her case will be dismissed in 11 months by the Court.
Result: Conviction / Jail Sentence Avoided.
April 26, 2011
Waltham District Court
No. 1051 CR 1291
Client, 77 year-old male, was charged with Assault and Battery with a Dangerous Weapon and Attempted Murder of his wife. The police alleged that the Client stabbed his wife with a knife with the intent to kill her. A police investigation revealed a number of ‘uncertainties’ relative to the claim(s) alleged by Client’s wife. However, the Client was arrested and later arraigned in Court. A complete investigation by Attorney Kelly relative to the incident was provided to the Prosecutor. After several pre-trial hearings, the Prosecutor today filed a “nolle prosequi” on all charges. In essence, ending the case without any further action.
Result: Case Dismissed.
April 26, 2011
Waltham District Court
No. 1051 CR 683
Client, 30 year-old male electrician, was alleged to have driven his motor vehicle while under the influence of alcohol, striking a cab and later the side of a building. This was the Client’s 2nd O.U.I. offense within 10 years. The Client was further charged with Operating to Endanger, Leaving the Scene of an Accident and several civil infractions. The Client faced a minimum of 14 days in jail or 14 days in a residential alcohol facility, together with enhanced penalties associated with a conviction of a O.U.I. 2nd. Today, Attorney Kelly persuaded the Prosecutor to reduce the 2nd offense O.U.I. charge to a 1st offender charge and continue without a finding the other criminal offenses for a year. As long as Client re-attends and completes the 1st offender alcohol program, and adheres to the standard requirements of probation, the later offenses will be dismissed in a year and his license to operate a motor will be promptly reinstated.
Result: Client Avoids 2nd Offender Conviction and Disposition, Conviction on (2) Criminal Motor Vehicle Offenses and Loss of Privilege to Operate a Motor Vehicle is Significantly Reduced.
April 5, 2011
Newton District Court
No. 1112 CR 1102
Client, a 48 year-old woman, was charged with Domestic Assault and Battery. The Newton Police alleged that she assaulted her husband after an argument. She was arrested and arraigned in the Newton District Court. Today, at the pre-trial conference, based upon legal argument, Attorney Kelly persuaded the Prosecutor and the Judge to dismiss the criminal case against her.
Result: Case Dismissed.
March 22, 2011
Waltham District Court
No. 1151 CR 26
Client, an 18 year-old female high school student with college aspirations faced a charge of Assault and Battery upon an individual at a restaurant. Although the alleged victim was a male,the police believed Client was the ‘primary aggressor’ and she was arrested. Attorney Kelly investigated the incident and convinced the Prosecutor that the police had arrested the ‘wrong person’.
Result: Case Dismissed.
March 9, 2011
Waltham District Court
No. 1051 CR 2290
Client, a 28 year-old male was charged with multiple offenses of Assault and Battery and Assault and Battery with a Dangerous Weapon upon (2) individuals. The police claimed the Client along with another, attacked these individuals at the conclusion of a ‘house party’. In view of the Client’s prior record, a conviction would certainly result in a lengthy committed jail sentence. The case was scheduled for immediate trial based in part upon Attorney Kelly’s belief that the ‘alleged victims’ would not be present at time of trial. On this day, the case was called for trial, the Prosecutor could not proceed as a result of the absence of witnesses and the case was dismissed by the Court.
Result: Case Dismissed.
February 22, 2011
Newton District Court
No. 1012 CR 977
Client, a 39 year-old male was charged with an Assault and Battery with a Dangerous Weapon upon his Brother during a family gathering. It was alleged that the Client struck his Brother with their Mother’s teapot. After conversation(s) with the Brother, and witnesses to the incident, Attorney Kelly persuaded the Prosecutor to dismiss the case upon payment of ‘medical expenses’ by the Client.
Result: Case Dismissed.
February 1, 2011
Newton District Court
No. 1012 CR 884
Client, 26 year-old graduate student was alleged to have threatened his live in girlfriend by ‘smashing her head with his laptop’ after discovering she had sent nude photographs to another man. The Client was arrested and charged with Assault with a Dangerous Weapon. After several short court appearance(s), Attorney Kelly persuaded the Prosecutor to dismiss the charges, thereby preserving the Client previously ‘clean record’.
Result: Case Dismissed.
January 20, 2011
Waltham District Court
No. 1051 CR 640
Client, a 29 year-old male with a prior criminal record was charged initially with Unarmed Assault to Rob. It was alleged by the police that the Client and another robbed an individual of his property. A photo array was compiled by police, the Client’s photo was chosen and he was arrested and charged. After the initial pre-trial conference, Attorney Kelly convinced the Prosecutor that the Client was ‘improperly charged’, Prosecutor agreed and the charge was reduced to Larceny from the Person. On the day of the scheduled jury trial, the Prosecutor announced to the Court that it was dismissing the remaining ‘amended charge’.
Result: Case Dismissed.
January 10, 2011
Waltham District Court
No. 1051 CR 2246
Client, a 25 year-old male with previous court involvement for assaultive behavior was charged by police with Assault and Battery and Intimidation of a Witness. The Client is alleged to have struck his girlfriend after she grabbed his arms during an argument. Both individuals were highly intoxicated at the time police arrived. Client was arrested and arraigned. Today, on the day of trial, the Prosecutor agrees to file a “nolle prosequi” on all charges. That means that the trial does not go forward, and the case is effectively dismissed. The Client is released from any further court appearances.
Result: Case Dismissed.
January 18, 2011
Waltham District Court
No. 1051 CR 2160
Client, 38 year-old male with extensive criminal record is alleged to have Assault and Battered his girlfriend at her apartment. The police responding to a 911 call, interviewed the alleged victim and she claimed that the Client had scratched her, punched her and pushed her to the floor. The police did not observe any marks upon the alleged victim, but decided to arrest the Client for Domestic Assault and Battery despite his claims of innocense. On this day of trial, the court dismissed the charge based primarily upon the ‘lack of evidence to proceed’.
Result: Case Dismissed.
January 6, 2011
Suffolk Superior Court
No. 2008 CR 10878
Client, 45 year-old father of four children and general contractor by trade was examining the home of a previous client to give an estimate relative to the repair of a porch. Upon the Client’s arrival to the home he was met by a Grandmother and her Granddaughter ( 12 years of age ). The Granddaughter was instructed by the Grandmother to take the Client to the basement to examine a ‘crawl space’ area that leads to porch that was in need of structural repair. The Client and Granddaughter were alone in the basement area for just a few minutes when the Granddaughter ran up the stairs, told her Grandmother that the Client touched her in her private parts. The police were called, the Client denied ever touching the girl, however he was immediately arrested. Subsequently, without corroborating forensic evidence of any kind, the Client was indicted and arraigned in Superior Court and charged with Rape of a Child by Force and Indecent Assault and Batter on a Child under 14 years of age based exclusively on the child’s accusation. Attorney Kelly was able to secure the Client’s release from jail pending the trial date at the time of his arraignment. Attorney Kelly spent the next 2 ½ years investigating and preparing for trial. He also prepared a devastating cross-examination of each witness as well as the investigating police officers. Today, after a week long trial, the Client was acquitted of all indictments.
Result: Not Guilty Verdicts after Jury Trial.
December 22, 2010
Newton District Court
No. 1012 CR 548
Client, young college student charged with OUI – Drugs. Client was operating his motor vehicle with several young adults when he was stopped for speeding. The police officer detecting the odor of marijuana emanating from the vehicle, requested the Client to exit the vehicle and perform a series of ‘field sobriety tests’ to which the officer alleges he failed. The case went to trial today before a jury who returned a Not Guilty Verdict within 20 minutes. Attorney Kelly’s aggressive cross-examination and closing argument likely influenced the jury’s decision.
Result: Not Guilty Verdict after Jury Trial.