2012 Case Summaries
December 20, 2012
Suffolk Superior Court
No. 2012 CR 10537
Client, 53 year-old female ER lab technician at a local hospital, is charged with a (1) felony count of Larceny and (49) felony counts of fraudulently accepting Unemployment Compensation. While the Client was ‘gainfully’ employed, she continued to receive and ‘cash’ unemployment checks for 49 weeks. At the plea hearing today, and upon the request of Attorney Kelly, the Client was sentenced to probation with an order to pay back the sum of $18,000.00 within a 3 year period.
RESULT: Probation, Restitution, No Jail Time.
December 17, 2012
Newton District Court
No. 1212 CR 750
Client, 32 year-old male is charged with Breaking and Entering a Home in the Nighttime with the Intent to Commit a Felony therein. It is alleged that the Client, while dating the alleged ‘victim’ [ homeowner ], forced his way into her home while her ex-husband was present. The police claim that his intention was to harm the ex-husband and/or commit ‘some other’ crime. Upon the ‘victim’ calling 911, the Client left the premises without further incident and was then abruptly arrested by the police. Attorney Kelly attempted to convince the Prosecutor that the Client had been ‘over charged’ by the police and that his ‘behavior’ at best, amounted to ‘disorderly conduct’. The Prosecutor did not agree and the case was marked for trial on the felony charges. On this day, the case was called for trial. As a result of the Prosecution’s failure to present witnesses and/or the so-called alleged ‘victim’, the case was dismissed.
RESULT: Case Dismissed, Felony Conviction and Possible Jail Sentence Avoided.
December 11, 2012
Suffolk Superior Court
No. 2012 CR 10548
Client, 18 year-old is charged with another, of robbing a young male with a gun while ‘masked’. The incident occurred in South Boston while the ‘victim’ was walking home. It is alleged that the Client ‘stuck him’ with firearm and demanded money. The incident was immediately reported, a description broadcast to area police officers. Within minutes, the aforementioned Client and his co-conspirator are apprehended. A search of Client’s person reveals a ‘mask’ ( as previously described by the victim ), together with items belonging to the victim, i.e. credit card, license and backpack. A conference was held with Judge, the Prosecutor and Attorney Kelly. It was agreed that in view of the Client’s previous ‘no record’, he would be sentenced to the several months he had already spent in jail awaiting trial, together with a period of probation for 2 years, upon a plea of guilty. The Armed Robbery indictment alone, can carry a life sentence in State Prison. The Client was this day reunited with his family after a ‘stern encouragement’ from the Judge that he complete high school ( 1 year or GED ) and remain free from legal trouble.
RESULT: Time Served, Suspended House of Correction Sentence, 2 years Supervised Probation.
December 3, 2012
Waltham District Court
No. 1251 CR 2026
Client, 29 year-old visiting non-resident female from Barbados is charged with a felony, Larceny from a Person. It is alleged that the Client, while shopping, absconded to another area of the store with a ‘handbag’ belonging to another woman. When she was arrested, she claimed she thought the ‘hand bag’ was for sale. On this day, after several conversations with the Prosecutor, and in view of the fact that the Client was returning to Barbados on 12/5/2012, it was agreed that the Client would pay ‘court costs’ in the amount of $300.00 and the case would be dismissed.
RESULT: Case Dismissed, Immigration and Traveling Issues Minimized.
November 27, 2012
Waltham District Court
Clerk Magistrate Hearing
No.
Client, 26 year-old male with a long history of Operating a Motor Vehicle with a Suspended License, is again stopped and summoned to Court. Prior to the Court hearing, the Client on advice of Attorney Kelly, is able to reinstate his license with the RMV. At the hearing, and after presentation of the Client’s situation, i.e. new job, etc., the Magistrate, with the consent of the Police Prosecutor, declines to issue a criminal complaint.
RESULT: Case Dismissed, Privilege to Operate a MV Preserved.
November 15, 2012
Newton District Court
Clerk Magistrate Hearing
Citation No. R2680569
Client, 22 year-old college senior is alleged to have operated his motor vehicle under the influence of alcohol ‘OUI’ and Leaving the Scene after Causing Property Damage. It is alleged that the Client, at approximately 2:30 am, failed to negotiate a turn on a public way, striking a utility light post and causing significant damage to the pole and his vehicle. There were no witnesses to the accident. As a result of the front ‘number plate’ left behind after the accident, police were able to trace the vehicle to the Client’s address. Upon arrival by the police, and after a brief interview, the Client was transported to an area hospital. In the days that followed, the Client received a citation referencing the aforementioned charges. However, the police failed to comply with Mass. General Law Chapter 90 § 2 et al ( requiring the police to ‘… give a copy of the citation to the violator at the time and place of violation …’ ). The Client received said citation many days later in the mail. At the hearing, Attorney Kelly argued there was no probable cause to issue the criminal complaint for the OUI charge, and more importantly, the police failed to comply with the above stated Statute. As a result, the Magistrate agreed and issued a finding, NO COMPLAINT(S) TO ISSUE.
RESULT: Case Dismissed, No Criminal Complaint(s) to Issue, ‘Clean Record Preserved’.
November 3, 2012
Brighton District Court
No. 1208 CR 984
Client, 22 year-old recent college graduate is summoned to Court to answer to the charge of Possession of Class D (Marijuana) with the Intent to Distribute. On the night of August 19, 2012, the Client, along with several roommates where attacked by ‘would be robbers’ in their home. It appears that the perpetrators where in search of drugs and money. A fight ensued, the police were called ( 911 ) and arrived on scene within minutes. Unfortunately, the police, while investigating the ‘home invasion’, discovered drugs and large sums of cash. The Client also received significant injuries during the fight along with his roommates. After a series of conversations with the prosecution, it was agreed that Client would offer an ‘Admission to Sufficient Facts’ to the single charge. In essence, his case will be dismissed after a period of probation, as long as there is no further court involvement.
RESULT: CWOF ( Continued Without a Finding ) with an Expectation of Dismissal after 1 year of Probation.
November 2, 2012
Waltham District Court
No. 1151 CR 1744
Client, 58 year-old grandmother is charged with Possession of Cocaine with Intent to Distribute. She was driving her motor vehicle when she was ordered to stop. The police informed her that she was being stopped because her ‘windows were foggy’. It was further alleged by the police that they believed when questioning her, that she ‘posed’ a threat to them because of her ‘movement(s)’ in the car. This eventually led to a full blown search of her person and the contents of the motor vehicle. As a result, various quantities of illegal drugs were found and confiscated. Attorney Kelly prepared a Motion to Suppress the Evidence based upon the ‘stop’ of the motor vehicle and the ‘subsequent search’. A hearing was held before the Judge. The police officer who initiated the ‘stop’ and conducted the search, was cross-examined by Attorney Kelly at length. At the conclusion, it was apparent that the officer’s belief that his safety was in jeopardy was not credible. As such, any further intrusion into privacy of the Client, i.e. her person or the motor vehicle, was unjustified and illegal. The Court agreed, and ordered the ‘suppression’ of the ‘evidence’. In response, the prosecution was forced to file a “Nolle Prosequi”, thereby dismissing the case.
RESULT: Case Dismissed, Likely Jail Incarceration Avoided.
November 1, 2012
Waltham District Court
No. 1251 CR 1082
Client, 35 year-old male with a significant criminal history is charged with ‘domestic offenses’ against his girlfriend, i.e. A&B and A&B with a Dangerous Weapon. It is alleged that he hit her, kicked her, through her to the ground, etc.. It is also apparent that the girlfriend ‘victim’ has a history of false reporting, based in part on her pre-diagnosis of ‘mental illness’. However, the Client is arrested, arraigned in Court, and held without bail. The case is eventually set for a ‘Bench Trial’ ( trial judge sitting alone without a jury ). On this day, the ‘alleged victim’ fails to attend court and/or communicate with the Prosecutor prior to trial. As a result, the prosecution in turn files a “Nolle Prosequi”, essentially dismissing the case.
RESULT: Case Dismissed, Client Released from Custody.
October 30, 2012
Waltham District Court
No. 1151 CR 1649
Client, 36 year-old male is charged with Assault and Battery with a Dangerous Weapon, to wit: a beer bottle. It is alleged that a fight broke out at a friend’s home and the Client struck another male on the head with a beer bottle. The police are summoned and the Client is arrested. After a series of pre-trial hearings, the matter is set for trial. On this day, the ‘alleged victim’ fails to appear for trial. The prosecution in turn files a “Nolle Prosequi”, essentially dismissing the case. The Client had always maintained that he was defending himself and had in fact sustained significant injuries in the fight as well.
RESULT: Case Dismissed on Day of Trial.
October 26, 2012
Haverhill District Court
No. 1238 CR 1833
Client, 25 year-old male with a prior criminal record is arrested and charged with 2 counts of 1st Degree Murder, 8 counts of Home Invasion, 2 counts of Assault with Intent to Murder, 4 counts of Assault and Battery with a Dangerous Weapon and 7 counts of Assault with a Dangerous Weapon. It is alleged that the Client and several other individuals, attempted to rob a ‘drug dealer’ of his money and drugs. It is further alleged that the Client was armed with a hand gun and entered the premises where (2) individuals were shot and killed. The incident is alleged to have occurred on July 23, 2012 in the City of Haverhill. The police arrest the Client, and he is arraigned in Court on August 1, 2012 and held without bail. The incident receives widespread media attention.
Attorney Kelly is appointed by the Committee for Public Counsel Services ( CPCS ) to represent the accused ‘Client’. Mr. Kelly immediately begins an independent and exhaustive investigation concerning the incident. His investigators interview numerous individuals and ‘alleged witnesses’. Several meetings and conversations are conducted with the prosecution and his investigative team. On this day, after spending almost 3 months in jail, the Client is set free. ALL CHARGES ARE DISMISSED at the request of the Prosecutor. Attorney Kelly’s investigation, coupled with the ‘evidence’ adduced at the Grand Jury proceeding, led the prosecution to recommend to the Court that all charges should be dismissed forthwith. The Client had steadfastly denied any involvement in the crimes and was reunited with his Family following his release.
RESULT: Case Dismissed, Life in Prison Avoided.
October 24, 2012
Brookline District Court
Clerk Magistrate Hearing
No.
Client, 25 year-old college graduate working for a large investment company is alleged to have struck a utility pole with his motor vehicle. It is further alleged that he then ‘left the scene’ without notifying the police. The next day, the Client reported the incident to police and accepted responsibility for the accident. On this day, the Clerk Magistrate evaluated the ‘facts’ and refused to issue the criminal complaint for Leaving the Scene after Causing Property Damage.
RESULT: Criminal Process, Potential Loss of License Avoided.
October 5, 2012
Dedham District Court
Clerk Magistrate Hearing
No. 1254 AC 0932
Client, 18 year-old college freshman is alleged to have operated his motor vehicle in a ‘negligent manner’ ( criminal violation ). Briefly, it is alleged that his vehicle ‘left the roadway’ and struck a boulder while making a turn. On this day, a hearing was held before the Court Magistrate and argument was made by Attorney Kelly in support of ‘not issuing’ the criminal complaint. The Magistrate agreed and criminal process did not issue.
RESULT: Criminal Process Avoided.
October 1, 2012
Waltham District Court
No. 1251 CR 1661
Client, 22 year-old college senior is arrested and charged with Disorderly Conduct and Trespassing by police, after protesting the ‘arrest’ of his friend on other charges. The police arrested the Client after he refused to leave the police station and follow the directives of the police officers. Attorney Kelly was retained by the Client’s family and after a short discussion with the prosecution, his case was dismissed at the request of the Prosecutor this day.
RESULT: Case Dismissed.
September 28, 2012
Haverhill District Court
Clerk Magistrate Hearing
No.
Client, 24-year old college graduate and a ‘active’ US Coast Guard Reserve, along with a friend, stole an ‘art exhibit’ from a park in the downtown section of the City of Haverhill. The value of said ‘item’ was less the $250.00, a misdemeanor. However, the theft was likely a result of a night of drinking and the ‘poor choices’ that followed. The item was eventually returned to the police. A hearing was held this day and the Clerk Magistrate, after admonishing both young men, declined to issue a criminal complaint for larceny.
RESULT: Case Dismissed,’Clean Record’ Preserved.
September 27, 2012
Brighton District Court
No. 1108 CR 590
Client, 43 year-old single mother of a teenager is arrested by members of the Boston Police Department and charged with Distribution of Cocaine within a ‘School Zone’. The Client, while a passenger in a suspected ‘drug dealer’s car’, was stopped and arrested ( although no drugs were found upon her person, nor was she observed distributing any drugs ). The Client was without any prior criminal record at the time of her arrest. After a series of court hearings, Attorney Kelly filed a Motion to Exclude any and all Drug Analysis Results. In short, this motion was based primarily upon the ‘Drug Lab’s’ failure to comply with State law and protocol as outlined. A hearing was held this day and the court agreed. All ‘drug evidence’ was suppressed, thereby necessitating a dismissal of charges.
RESULT: Case Dismissed, Mandatory Jail Sentence Avoided.
September 24, 2012
Waltham District Court
No. 1251 CR 843
Client, 23 year-old military veteran is charged with Assault and Battery upon his Wife. It is alleged that the Client, after a night of drinking, struck his wife in the face. Police responded, and the Client was arrested. The incident was allegedly observed by a bystander. The matter was set down for jury trial this day. As a result of the Client’s Wife invoking her ‘marriage privilege’ ( refusing to testify against her husband ) and the failure of the ‘bystander’ to appear in Court for trial, the case was dismissed. It should be noted that photographs taken by police on the night of the incident, depict ‘facial lacerations’ to the Client and his Wife.
RESULT: Case Dismissed.
September 12, 2012
Waltham District Court
No. 1251 CR 1150
Client, 29-year old male is charged with A&B and Assault with Intent to Murder. It is alleged that the Client forced his girlfriend on their bed an attempted to strangle her to death after a night of heavy drinking and arguments. A 911 call alerted the police and the Client was placed in custody. On this day, it was learned in Court that the Client was ‘detained’ by the U.S. Immigration Dept. ( Immigration and Custom Enforcement ) also known as ‘ICE’. The State court no longer had jurisdiction over his ‘person’. As a result, he was subsequently deported to his native country of origin.
RESULT: Case Unresolved, Client ‘Deported’.
September 10, 2012
Waltham District Court
No. 1251 CR 1427
Client, 20-year old male is alleged to have assault and battered his roommate. The roommate, another male, was also arrested and charged with A&B. The case was called before the Court this day and both parties agreed to a ‘mutual dismissal’ of all criminal charges.
RESULT: Case Dismissed.
September 10, 2012
Waltham District Court
No. 1251 CR 921
Client, 46-year old male is alleged to have Assaulted his wife with the Intent to Murder her. The allegations are that he attempted to strangle her to death after an argument. The police arrest the Client and conduct an investigation. Attorney Kelly interviews the ‘wife/victim’ and other potential witnesses. After a series of hearings, the wife this day in open court declares that she will not testify against her husband ‘Client’. The Court inquires as to her ‘intent’ relative to the ‘marital privilege’ claim. As a result, the Prosecutor files a “nolle prosequi” this day essentially dismissing the case.
RESULT: Case Dismissed, Certain State Prison Incarceration Avoided.
August 30, 2012
Woburn District Court
No. 1253 CR 14
Client, 61 year-old successful businessman is charged with assaulting his son with a loaded firearm. The Client is legally authorized to carry and possess a firearm. The facts are that the Client’s son came home in a drug induced rage and was attacking his Father in view of other family members. In an effort to defend himself and others, he pulled his firearm from a locked area and ordered his son to leave the house. The son eventually complied and called the police. The police arrived, and to the shock and horror of the family, the Father ‘Client’, was arrested and brought to Court, his gun confiscated and license suspended. Attorney Kelly was retained immediately and investigated the incident with the assistance of his investigator. On this day, the criminal charge was dismissed by the Court and the Client was eventually able to retrieve his gun from the police and his license to possess a firearm was reinstated.
RESULT: Case Dismissed, Right to Possess and Carry a Firearm Reinstated.
August 29, 2012
Boston Municipal Court
No. 1001 CR 43219-21
Client, 26 year-old college graduate and full time utility worker for a national corporation is charged with 2 counts of assault and battery with a dangerous weapon, his boot – upon 2 males ( one of which is over the age of 60 years of age ). The incident arose during the end of a Boston Bruins hockey game at the Boston Garden in March of 2010. It is alleged that the Client, along with others, assaulted several patrons in the ‘Men’s Room’ immediately following the game. Both ‘victims’ suffered significant injuries which required medical treatment. The Client was the only ‘alleged attacker’ apprehended. After a 1 ½ year of pre-trial hearings, motions and meetings, the matter was resolved this day. The Client did not plead guilty, rather, he admitted to ‘sufficient facts to warrant a finding of guilty’. He was placed on probation and his case was continued without a finding. At the conclusion of his probationary period, barring further court involvement, his case will be dismissed. The Prosecutor had vigorously sought a guilty finding and incarceration.
RESULT: Guilty Finding, Criminal Record and Incarceration Avoided.
August 13, 2012
Waltham District Court
No. 1251 CR 474
Client, 37-year old male is alleged to caused malicious damage to another’s motor vehicle, in the amount of over $250.00, a felony. The allegations aris from a ‘road rage incident ’that was witnessed by several individuals. On this day, the felony charge was reduced to a misdemeanor and the Client pled guilty, payed restitution and was placed on probation.
RESULT: Felony Avoided, Probation Ordered.
August 3, 2012
Framingham District Court
No. Withheld
Client’s probation was terminated this day, 2 ½ years early. Said probation was terminated as a result of the Client’s successful completion of all conditions of probation to date, i.e. mandated programs, fees and lack of further court involvement. Client had originally been placed on probation for 5 years ( case was originally continued without a finding ) on the charge of possession of child pornography
RESULT: Early Termination of Probation, Case Dismissed.
July 31, 2012
Wrentham District Court
Clerk Magistrate Hearing
No.
Client, 18 year-old high school senior with an academic scholarship to a local university is charged with possession of an illegal narcotic drug, Class C. After a discussion with the police and the Clerk Magistrate, criminal process was not issued.
RESULT: Criminal Complaint Avoided, ‘Academic Scholarship’ Protected.
July 24, 2012
Waltham District Court
No. 1251 CR 271
Client, 46 year-old male is arrested and charged with Possession of Cocaine. It is alleged that the Client, who has had issues with drugs in the past, has again begun to ‘use’. Attorney Kelly informs the Court that the Client has voluntarily entered a program and will continue to be monitored by a doctor. The Court orders that the probation department supervise his ‘rehabilitation’ and that his case not be entered as a guilty finding, ( in order that his license to operate a motor vehicle can remain valid ) [ a drug conviction of any kind in Massachusetts automatically triggers a suspension from the Mass. Registry of Motor Vehicles ]
RESULT: Criminal Conviction Avoided, Motor Vehicle License Protected.
July 24, 2012
Waltham District Court
No. 1251 CR 932
Client, 20 year-old male, apparently under the influence of alcohol, is arrested for Maliciously Destroying property at a local night club. He is initially charged with a felony because the alleged damage is over $250.00. Attorney Kelly persuades the prosecutor to reduce the charge to a misdemeanor and the Client agrees to plead guilty. Both counsel agree on a restitution figure and the case is placed on file.
RESULT: Felony Conviction Avoided.
July 23, 2012
Middlesex Superior Court
No. 2006 CR 1354
In September, 2006, Attorney Kelly was appointed by the Court to represent a then 44 year-old male ( Client ) who had been charged with Trafficking in Cocaine which carried a 10 year minimum State Prison sentence upon conviction. Attorney Kelly was able to secure his release on bail with pre-trial conditions. From the outset, Attorney Kelly had difficulty communicating with the Client, which eventually led to a psychiatric evaluation concerning his mental competence to stand trial. It was determined that the Client was not able to stand trial in view of his ‘mental incapacity’. Attorney Kelly hired a highly respected Forensic Psychiatrist who conducted numerous interviews and evaluations over a 4 year period. On a July 17, 2012, at Attorney Kelly’s request, a hearing was finally held before the Court to determine whether the Client’s case should be dismissed. The issue for the Judge to decide was whether the well documented ‘cognitive limitations’ of the Client will ever be restored and/or his competence to stand trial regained. The Court agreed with Attorney Kelly, and over the objection of the Prosecutor and in the ‘interests of justice’, the case was dismissed.
RESULT: Case Dismissed, Mandatory State Prison Sentence Avoided.
July 19, 2012
Waltham District Court
No. 1151 CR 1373
Client, 33 year-old female is charged with OUI Alcohol and OUI Drugs, along with Leaving the Scene after Causing Property Damage and Negligent Operation of a Motor Vehicle. It is alleged that the Client struck the rear end of another vehicle while exiting off the highway. It is further alleged that she failed to stop and continued to drive. She was subsequently pulled over by police officers, interviewed and arrested. The police officer reported that she exhibited the common signs of ‘intoxication’, namely, slurred speech, glazed eyes, unsteady balance, etc.. After a series of hearings, the prosecutor dismissed the OUI Alcohol charge, citing in part that there was insufficient evidence to proceed. The prosecutor continued however to prosecute the OUI Drug charge. On this day of jury trial, Attorney Kelly presented the Court with a motion and memorandum citing in part that there was no ‘legal justification’ for the prosecutor to proceed on the OUI Drug charge in view of the facts and current case law on the subject. After a brief hearing and review of the ‘pleadings’, the Prosecutor reluctantly agreed and moved to dismiss the OUI Drug charge. The Client admitted to sufficient facts on the (2) remaining charges and was placed on probation, ( at the successful completion of which ), both charges will be dismissed.
RESULT: OUI Charges Dismissed, Jury Trial, Possible Conviction and Loss of License Avoided.
July 17, 2012
Newburyport District Court
No. 1122 CR 1049
Client, 30 year-old male is charged with and 2nd offense OUI and Negligent Operation of a Motor Vehicle. It was alleged that he drove his pick-up in a manner on a public road that endangered the police officer directing traffic and the public. It was further alleged that he had consumed a sufficient amount of alcohol that impaired his ability to operate the vehicle safely. The Client submitted to several field sobriety tests ( FST) and the Breathalyzer Test ( BT ). Fortunately, he completed the FST’s satisfactorily and registered a relatively low reading on the BT. On this day, the Client admitted to sufficient facts with regard to Neg. Op. and that charge was Continued Without a Finding [ CWOF ] ( which will be dismissed after a period of probation ). The Client elected to proceed to trial on the OUI charge, the police officer was cross-examined by Attorney Kelly and eventually was found NOT GUILTY at the conclusion of trial.
RESULT: Verdict – Not Guilty.
July 11, 2012
Middlesex Superior Court
No. 2006 CR 1019
Client, 43 year-old male with a history of alcohol offenses, received a committed prison sentence of 5 years, followed by 5 years of supervised probation for a 4th OUI conviction. Attorney Kelly did not represent the Client in the aforementioned case. However, he is consulted and retained with regard to ‘various’ conditions of probation. On this day, Attorney Kelly persuades the Court that an error was committed on the record when he was sentenced some five years ago. As a result, the court record was amended and the Client’s obligation(s) while on probation were revised to his benefit.
RESULT: Terms of Probation Conditions Revised.
July 9, 2012
Newburyport District Court
No. 1122 CR 1049
Client, 62 year-old male is alleged to have assaulted his wife during an argument. The police are summoned, interviews are conducted and the Client is arrested and arraigned in District Court. Attorney Kelly is retained and begins negotiations with the prosecutor’s office. The wife seeks and receives a restraining order against the husband/client. After several weeks, an many discussions with the prosecutor, the wife informs the Court that she intends to invoke her ‘marital privilege’, [ indicating that she will not testify, nor can she be compelled to testify against her husband ]. As a result, the prosecutor dismisses the case, and the wife ‘vacates’ the civil restraining order.
RESULT: Case Dismissed.
June 27, 2012
Somerville District Court
No. 1110 CR 617
Client, 47 year-old disabled female is alleged to have violated various sanitary health codes while residing in public housing. Attorney Kelly agreed to accept the case ‘pro bono’ in order to defend the rights of the Client throughout the criminal proceedings. The Client, who is relegated to a wheelchair, is accused of creating a public nuisance, causing the existence of obnoxious odors and living in unsanitary conditions. After numerous meetings with health officials and court appearances, the Court this day dismissed all charges in the matter at the request of Attorney Kelly and over the objection of the Prosecutor.
RESULT: Case Dismissed.
June 26, 2012
Suffolk Superior Court
No. 2011 CR 11171
Client, 58 year-old homeless male is alleged to have again committed a violent act(s) upon another homeless male by striking him in the head with a beer bottle. The ‘victim’ sustained a multitude of stitches that required significant medical care. Unfortunately for the Client, the entire incident was witnessed by (2) off-duty FBI agents as they driving in their car. The Client was arraigned on Assault and Battery with a Dangerous Weapon and later indicted in view of his long record. Attorney Kelly agreed to ‘publicly represent’ the Client at the Court’s request. The Prosecutor had requested a 4-5 year prison sentence. Attorney Kelly was able to convince the Judge to sentence the Client to only 15 months.
RESULT: Case Resolved, Additional Prison Confinement Avoided.
June 18, 2012
Newton District Court
No. 1212 CR 136
Client, 24 year-old male military veteran is alleged to have assaulted and battered his brother during a party. Upon police arrival, the Client is arrested despite his protests that it was his brother who was the aggressor. Attorney Kelly is retained, several court hearings are conducted. On this day, the Prosecutor dismissed the charge on the basis that there are no credible witnesses to verify the original allegations.
RESULT: Case Dismissed.
June 18, 2012
Newton District Court
No. 1212 CR 283
Client, 18 year-old high school female senior is charged with assaulting her boyfriend. Attorney Kelly meets with the Client and her Mother along with the alleged ‘victim/boyfriend’. It is clear that the police misunderstood the situation and/or were provided inaccurate information that led to the arrest of the Client. As a result, the case against the Client was dismissed this day.
RESULT: Case Dismissed.
June 6, 2012
Waltham District Court
Clerk-Magistrate Hearing
No. 1251 AC 64
Client, 18 year-old high school male senior is charged along with several other youths with malicious destruction of ‘mail boxes’in the Town of Weston. The police request a hearing before a Clerk-Magistrate to determine whether criminal charges should issue. Prior to the hearing, an agreement is reached between the police and all attorneys that no criminal charges will be sought in exchange for ‘good behavior’ by the youths through out the remainder of the year.
RESULT: Clean Record Preserved, No Criminal Charges Issued.
May 22, 2012
Middlesex Superior Court
No. 2010 CR 1267
Client, 22 year-old male is charged with a series of violent crimes against the mother of his son. In particular, he is charged with Rape, Breaking and Entering in the Daytime with the Intent to put a Person in Fear, Intimidation of a Witness, Assault and Battery with a Deadly Weapon, Assault and Battery and Violation of a Restraining Order. The ‘victim/mother of child’ complained to police that the Client had committed the ‘acts’ represented by the aforementioned charges. The Client was summarily arrested and later indicted by a Grand Jury. The Client consistently denied any guilt and was held for approximately 18 months in jail as a result of the accusations. There was never any ‘forensic evidence’ or corroboration of her story in any way. Attorney Kelly, along with his private investigator, spent countless hours examining phone records, medical records, etc.. After nearly a year and half, the Prosecutor agreed with Attorney Kelly that the ‘victim/mother’ had lied about the incident, and had lied before the Grand Jury. The Client was released from jail, all charges with the exception of the ‘violation of the restraining’ order were dismissed.
RESULT: Potential Life Sentence in State Prison Avoided, Major Felony Charges Dismissed.
May 21, 2012
Middlesex Superior Court
No. 2010 CR 461
Client, 66 year-old male is charged with Trafficking in Cocaine to an undercover police officer. Unfortunately, subsequent to his arrest, the Client undergoes several medical procedures to alleviate various life threatening illnesses. As a result, Attorney Kelly persuades the Prosecutor to drastically reduce their recommendation in view of the Client’s severe medical condition(s). The Trafficking charge is reduced and the Client pleads guilty to a lesser charge and is sentenced to a minimal State Prison sentence.
RESULT: Lengthy State Prison Sentence Avoided.
April 30, 2012
Suffolk Superior Court
No. 2010 CR 10581
Client, 17 year-old female student at the time of the incident, is charged along with her Mother of Assault and Battery with a Dangerous Weapon, a ‘screwdriver’. The Prosecutor alleged that a dispute arose over a ‘snowy’ parking lot space, which gave rise to an alleged attack by the Client and her Mother. It was alleged that the Client stabbed the ‘victim’, another female, with a ‘screwdriver’ during the fight between the Mother and the victim. It was further alleged that the Mother wielded a knife in the assault and cut the victim several times. The victim sustained significant injuries. The case received local media attention through out the four day trial. A number of witnesses testified, including ‘so-called eye-witnesses’ police officer(s) and crime scene personnel. Attorney Kelly vigorously cross-examined each witness relative to their observations, investigation(s) and findings. On this day, after several hours of deliberation, the jury returned a NOT GUILTY verdict for the Client. However, her joy of an acquittal was overshadowed by her Mother’s conviction by the jury. (Her Mother was represented by other legal counsel)
RESULT: Jury Verdict – Not Guilty.
April 23, 2012
Middlesex Superior Court
No. 2010 CR 1508
Client, 26 year-old male along with 2 other co-defendants, is charged with (2) counts of 1st Degree Murder, Home Invasion and Gun charges. It was alleged by the Prosecutor that the Client and at least 2 others, planned to rob a ‘local drug’ dealer. It was alleged that the Client planned the robbery, enlisted others to participate and brandished a firearm during the attempted robbery. During the alleged ‘botched’ robbery and home invasion, (2) brothers were shot dead. The trial lasted approximately 4 weeks and the jury deliberated for 3 days. On this day, the Foreman of the jury read the verdict in open Court, as to the Client, NOT GUILTY AS TO ALL COUNTS. The Client had been held in custody since December, 2009, he was set free and returned to his family that had been in attendance through out the trial. As a result of vigorous cross-examination by all defense attorneys and an apparent lack of sufficient evidence, the jury returned the aforementioned verdict.
RESULT: Jury Verdict – Not Guilty as to Double Homicide, Home Invasion, Gun Charges, Life Sentence Without the Possibility of Parole Avoided, ( Client Released from Custody to his Family after almost 2 years ).
March 13, 2012
Suffolk Superior Court
No. 2011 CR 10421, 2010 CR 11459
Client, 31 year-old father of four children with a significant criminal record, is charged in (2) separate indictments of selling drugs to an under cover police officer within a prohibited distance from a park and school yard. The Client had been previously convicted of crimes identical to the aforementioned. Attorney Kelly conferences the matter with the prosecutor over several months during and after multiple court hearing(s) and proceedings. It is finally agreed that the Client will plead guilty to reduced charges, and several ‘mandatory confinement indictment(s)’ will be dismissed. The Client is sentenced to State Prison this day, and is expected to be released within 3 years. Upon his release, he will be ordered to under go drug evaluation, random urine screens, etc. during his two years of probation.
RESULT: ‘Enhanced’ Lengthy State Prison Confinement Avoided.
March 13, 2012
Middlesex Superior Court
No. 2011 CR 472
Client, 26 year-old discharged US Army veteran is indicted on Armed Robbery while Masked, and making a Bomb Threat. It was alleged that the Client robbed a bank while covering his face and indicating that he had a bomb with him. The teller handed him various denominations of cash and he ran from the bank. A short while later, he was arrested and charged. Attorney Kelly agreed to represent him, and later discovered that the Client had an ongoing drug dependency that evolved after an accident while he was serving in the military. The Client began a dependency on ‘pain killers’ after surgery that ‘spiraled out of control’ after his discharge from the Army. On this day, a conference was held with the judge and recommendations were made from each side. The prosecutor sought a sentence of 40 to 60 months in State Prison, based upon the aforementioned allegations. Attorney Kelly indicated to the Court that his Client had no prior criminal record, that he had been in jail awaiting trial for almost a year. The Client had availed himself of all available ‘drug programs’ at the jail and obviously wished to continue a regime that would help ensure a ‘life without drugs’. The Court departed from the ‘traditional guidelines’ and adopted Attorney Kelly’s recommendation. The Client was sentenced to 2 ½ years in the county house of correction, followed by 5 years of ‘intense conditions’ of probation upon his release from the house of correction. It is expected that the Client will be released within 4 months.
RESULT: State Prison Confinement Avoided, Opportunity for Rehabilitation Set Forth.
March 12, 2012
Newton District Court
No. 1112 CR 798
Client, 30 year-old male with a history of drug problems and criminal convictions, is alleged to have Attempted to Murder his Brother by the use of a knife. The attempted murder charge was summarily dismissed after a short series of hearing(s) and meetings between Attorney Kelly and the prosecutor. The issue focused on whether the Client actually ‘intended’ to kill his Brother. As a result, the remaining charge of Assault and Battery with a Dangerous Weapon was scheduled for trial. On this day, as a result of the failure of his ‘brother/victim’ to appear for trial, the remaining charge was dismissed.
RESULT: Case Dismissed, Certain Jail Confinement Avoided.
March 9, 2012
Newton District Court
No. 1212 CR 64
Client, 21 year-old college student with no prior criminal record is charged with an attack upon a public employee and assault and battery on an ambulance employee. In essence, the Client was under the influence of alcohol and abruptly and physically interfered with the duties of responding rescue personnel after a motor vehicle accident. The Client’s friend had been injured in a vehicle that the Client was riding in. The Client acknowledged his ‘wrongdoing’ and at the request of Attorney Kelly, the Client was placed on probation for 6 months without a guilty finding. At the successful completion of the probationary period, his case will be dismissed.
RESULT: Criminal Conviction Avoided, ‘Clean Record Preserved’.
March 8, 2012
Waltham District Court
Clerk-Magistrate Hearing
No.
Client, 23 year-old Asian male with no prior criminal record is charged with indecent exposure in a public place. It was alleged that an individual matching the ‘facial description’ of the Client was observed running naked along the Charles River. Police officers arrived and questioned the Client who was in the area, ( he was fully clothed ). After several questions by the officer, it was determined that the Client would be ‘summoned to appear’ before a Clerk-Magistrate for a hearing to decide whether a criminal complaint should issue. On this date, the complaint was denied, criminal process did not issue.
RESULT: Criminal Prosecution Avoided.
March 5, 2012
Suffolk Superior Court
No. 2011 CR 10325, 2011 CR 10761
Client, 19 year-old male at the time of the alleged crime(s) in 2010, is indicted on a multitude of felonies, including Assault with Intent to Murder while Armed with a hand gun. The Client is alleged to have shot a 53 year-old man in an alley near his temporary home, at least 3 times at close range. The ‘victim’ testified at trial, indicating that he was ‘sure’ it was the Client who shot him. The jury listened to a number of police officers, ‘forensic experts’ and other civilian witnesses. A vigorous cross-examination by Attorney Kelly revealed a number of inconsistencies in their stories, reports and ‘findings’. As a result, after almost 11 hours of deliberation, the jury found the Client Not Guilty of 7 of the most serious indictments. The Client was found guilty of several misdemeanors and given a committed House of Correction sentence followed by probation. The Client avoided a certain lengthy State Prison sentence if convicted on any of the acquitted charges, most notably, the attempted murder charge.
RESULT: Jury Verdict, Not Guilty as to All felony Charges, Mandatory Lengthy State Prison Confinement Avoided.
February 21, 2012
Waltham District Court
No. 1151 CR 2021
Client, 32 year-old male is charged with several felonies ranging from B&E Nighttime, Larceny Over, Receiving Stolen Property Over, etc. . The Client claims he has no knowledge of the alleged events and requests a trial. After many conversations with the prosecutor and the Client, it is agreed that he will admit to sufficient facts and be placed on probation for a period of time. At the successful completion of probation, all charges will be dismissed, allowing his ‘clean record’ to be preserved.
RESULT: Felony Conviction(s) Avoided, ‘Clean Record’ Preserved.
February 14, 2012
Waltham District Court
No. 1151 CR 2144
Client, 42 year-old former US Marine is charged and arrested in uniform for essentially impersonating an ‘active duty’ soldier of the armed services and displaying insignia(s) without authority. It was alleged that he would ‘dress up’ in uniform and volunteer at the local Toys for Tots during the annual toy drive. He was not accused of stealing money or toys. His alleged ‘transgression’ is that he volunteered his time, stood in position and actively sought contributions for the drive, while dressed in military apparel. The case received a tremendous amount of media attention. In the end, some of the charges were dismissed and the Client was placed upon probation without a guilty finding entering.
RESULT: ‘Unjust Arrest’ Appropriately Resolved.
February 7, 2012
Newton District Court
No. 1112 CR 863
Client, 49 year-old male with a variety of court appearances over 4 decades and a surprisingly short criminal record, is arrested and charged with several misdemeanors, ranging from Breaking Glass in a Building, Breaking and Entering with intent to commit a Misdemeanor and Trespassing. The police and prosecutor later learn that the ‘story’ reported by the ‘victim’ is false. As a result, his case is dismissed this day.
RESULT: Case Dismissed.
January 30, 2012
Waltham District Court
No. 1151 CR 877
Client, 48 year-old successful businessman without any prior criminal record is charged with allegedly attempting to murder his wife. The Client is alleged to have strangled her to a point were she lost consciousness. The wife reported the alleged incident to police and the Client was arrested and charged with Assault and Battery and Attempted Murder. He was released pending the resolution of the case. Attorney Kelly claimed that in the view of the ‘alleged facts’, the charge of Attempted Murder was baseless. The Prosecutor agreed and said charged was dismissed on July 17, 2011. The remaining charge of Assault and Battery was this day dismissed as a result of the Wife’s invocation of the her Marital Privilege ( not to testify against her husband ).
RESULT: Case Dismissed, Certain Prison Confinement Avoided, ‘Clean Criminal Record’ Preserved.
January 27, 2012
Roxbury District Court
No. 1102 CR 2396,2392
Client, 31 year-old male with a previous ‘out-of-state’ felony conviction, is charged with a multitude of drug offenses. The Boston Police allege that the Client is a ‘significant’ drug distributor within the Boston area. Specifically, he is charged with distribution of large quantities of Marijuana and associated other controlled substances. An arrest of the Client is followed by the execution of a ‘Search Warrant’ at his home, where a number of items associated with the distribution of narcotics are discovered, along with various packages of drugs. Several hearings are conducted over many months. This day, the Prosecutor sought a jail sentence of 1 year followed by 2 years of probation. Attorney Kelly persuaded the Judge upon a plea of guilty, to impose ‘straight probation’ along with Community Service Work and a significant fine.
RESULT: Jail Sentence Avoided, Client Ordered to a Term of Probation.
January 24, 2012
Newton District Court
No. 1112 CR 544
Client, 56 year-old male with a very long criminal record is again charged with Assault and Battery upon a person. The alleged victim is the Client’s male roommate. The Client is immediately arrested and arraigned in Court. Attorney Kelly meets with the Client and later discovers that it is ‘unlikely’ that the alleged victim will appear at trial. On this day,as a result of the Prosecutor’s failure to locate and/or communicate with said ‘victim’, the case is dismissed.
RESULT: Case Dismissed.
January 17, 2012
Waltham District Court
No. 1151 CR 1306
Client, 37 year-old male with a serious history of ‘drug use and abuse’. In this case, he is alleged to have committed an Unarmed Robbery and Assault and Battery upon an individual relative to a ‘drug sale’ gone bad. The Client is arrested and arraigned in the District Court. In light of his ‘long criminal’ record, he is held without bail. Attorney Kelly investigates the issue relative to the ‘unarmed robbery’ and discovers that the alleged ‘story’ presented to the police by the ‘alleged victim’ is ‘lacking credibility’. In particular a ‘forensic review’ of the Client’s cell phone clearly indicates that the alleged victim was not the ‘victim’ of any criminal act committed by the Client. The Prosecutor dismisses the unarmed robbery charge and replaces same with ‘Larceny from the Person’. On the day of trial, the Prosecutor is forced to dismiss the entire case based upon the failure of the ‘victim’ and others to attend trial.
RESULT: Case Dismissed, Client Freed from Jail.
January 9, 2012
Natick District Court
Clerk Magistrate Hearing
No. 11897 AC 417
Client, 20 year-old college student is suspected of driving his motor vehicle as to endanger the public. It was alleged by the police that the Client either fell asleep or ‘blacked out’ while operating his vehicle that collided with several other vehicles at an intersection. A hearing was held this day. After a presentation by the police, the Magistrate refused to issue the criminal complaint and the case was dismissed.
RESULT: Case Dismissed, No Criminal Complaint Issued, ‘Clean Record’ Preserved.
January 6, 2012
Newton District Court
No.(s) 1112 CR 781,785
Client, 41 year-old male with a PhD is alleged to have violated an active restraining order by ‘emailing’ a woman (‘victim’) on multiple occasions over a short period of time and arriving at her residence. The Client was again arrested and held pursuant to Massachusetts General Laws ‘58A’, that essentially allows the Court to detain a person who in the Court’s view, is a danger to society. Attorney Kelly was subsequently retained and several hearing(s) held. On this day, the Client pled guilty to various misdemeanor charges and was set free. He was ordered to satisfy a number of ‘probation conditions’ during his probationary period.
RESULT: Client Pled Guilty, Released from Jail to Rejoin his Family after Approx. 45 Days in Confinement.
January 4, 2012
Waltham District Court
No. 0751 CR 526
Client, 44 year-old well educated Ugandan National, was arrested in 2007 and charged with various felonies, including attempted murder upon his girlfriend. The Client was represented by ‘other’ legal counsel at the time and entered into a ‘plea’ arrangement immediately after his arrest. The ‘plea’ required a ‘Guilty’ finding to be imposed on the felonies and misdemeanors, that were listed in the complaint. The Client was placed on probation and required to complete a number of ‘probation programs and adhere to any and all conditions’. The Client successfully completed probation. However, his ‘anxious plea’ to the foregoing charges, altered his life in countless ways. In the Summer of 2011, Attorney Kelly was retained to examine the case and the ‘procedure(s)’ that occurred in 2007. Eventually a ‘motion’ was filed to ‘vacate’ the plea and set aside the ‘guilty’ findings. It was Attorney Kelly’s argument in part that the Client was not properly represented at the time his ‘plea’ was offered. As a result, all convictions this day were vacated and the case was dismissed.
RESULT: Case Dismissed, Felony/Misdemeanor Conviction(s) Vacated.
January 4, 2012
Waltham District Court
No. 1151 CR 2147
Client, 24-year old female had an argument with her boyfriend who then precededto call ‘911′. The police arrived, interviewed the boyfriend and arrested the Client. Apparently the boyfriend alleged that the Client had ‘struck him and pushed him’. Client was summarily arraigned in District Court and continued. Attorney Kelly spoke with the ‘alleged victim boyfriend’ who related a different story then reported. Upon further investigation by the Prosecutor, the case was dismissed this day.
RESULT: Case Dismissed, ‘Clean Record’ Preserved.