2023 Case Summaries

December 19, 2023
Newton District Court
No. 2312 CR 206

Client, 43 – year old male involved as a driver in a 2 car accident. Police arrive smell alcohol, question Client officer states his speech is slurred, red glassy eyes, unsteady on his feet, etc. Supposedly fails 2 ‘field sobriety tests’ – 9 step line test and one legged stand. ( Never a good idea to engage in these tests ever ). He is arrested and retains Attorney Kelly. On this day of trial, and after intense cross examination of the arresting police officer [ by Atty. Kelly ], the Court renders a verdict of NOT GUILTY TO ALL CRIMINAL CHARGES – OUI AND NEGLIGENT OPERATION.

RESULT: NOT GUILTY ALL CHARGES ! License preserved, probation, alcohol program and car insurance premium increase all avoided !


October 2, 2023
BMC East Boston District Court
No. 2305 CR 479

Client, 27-year old male is alleged to have had a fight with his older Brother. A 911 call is made, police arrive [ failure to use appropriate discretion and Client is arrested ]. Atty. Kelly is retained and appears at the arraignment with Client and persuades the Court not to arraign his client in view of what occurred . However, the Prosecutor insists he be arraigned ! The Court is then required to have him arraigned. On this day of trial, the ‘Brother’ informs the Court he will not testify against his Brother/Client. Thus, case dismissed.

RESULT: CASE DISMISSED.


September 26, 2023
Newton District Court
No. 2212 CR 376

Client, 67-year old female with significant health issues is arrested by police for possession of a loaded firearm in her MV w/o a firearm license. Attorney Kelly is requested by the Court to represent this woman who is from Georgia. He persuades the Court to allow her to return home while awaiting trial. In the meantime, Atty. Kelly compiles medical records and evaluation reports. He eventually persuades the Prosecutor’s Office to dismiss case in the ‘interest of justice’. As a result, the Client avoids an 18 month mandatory jail sentence.

RESULT: CASE DISMISSED -MANDATORY INCARCERATED SENTENCE AVOIDED.


September 1, 2023
Lowell District Court
No. 2311 CR 2739

Client, young mother of a new born is alleged to have attacked her child’s Father. Despite ‘evidence ‘ to the contrary, she is arrested for A&B. Atty. Kelly is retained, investigates the allegations and fails to persuade the Assistant District Attorney that the police arrested the wrong person. On this day ( many weeks after her arrest ) the case is dismissed at trial, as a result of the Prosecutor’s inability to present a viable case for trial.

RESULT: CASE DISMISSED, CLEAN RECORD PRESERVED.


August 17, 2023
Waltham District Court
No. 2351 C R 229

Client, 57-year old female, self employed owner of a local business is charged with OUI alcohol. She is alleged to have hit a curb before parking her MV. Police arrive, question her, smell no alcohol but believe she has been drinking. She apparently fails the road side tests and is arrested. Attorney Kelly is retained and eventually sets the case for trial this day. After several police officers testify and a few witnesses on behalf of the Client – The Court renders a verdict NOT GUILTY !

RESULT: CLEAN RECORD PRESERVED – LICENSE TO OPERATE A MV REINSTATED.


July 25, 2023
Newton District Court
No. 2212 CR 377

Client, 46- year-old hardworking male city employee is charged with OUI Drugs and Negligent Operation of a MV. Attorney Kelly is retained. After a series of Court appearances [ based largely on the lack of evidence to support a convictions on the aforementioned ] a trial date is set. On this day, the case was dismissed by the Court as a result of ‘insufficient evidence’ to proceed to trial.

RESULT: CASE DISMISSED ON DAY OF TRIAL – CLIENT ALLOWED TO RETAIN HIS JOB.


June 6, 2023
Newton District Court
No. 2312 CR 23

Client, 31 year-old father, husband and successful businessman is driving home from a ‘few drinks’ at a local bar with friends and ‘rear ends’ a motor vehicle at a red light. Police arrive he produced his license and registration without difficulty, was polite and consented to ‘field sobriety testing’ again [ never a good idea ]. The Police Officer felt he did not properly perform the tests. He is arrested and refuses the Breath Test ( always a good idea ).

On this day, a trial is held before the sitting Justice, and after extensive cross-examination of the arresting officer and closing argument by Atty. Kelly, the Client is found NOT GUILTY OF OUI.

RESULT: AFTER TRIAL, NOT GUILTY OF OUI.


April 6, 2023
Concord District Court
No. 2147 CR 1445

Client, 47 year-old father, husband and successful construction project developer was driving to his vacation home alone at approximately noon time on a cold December day, 2021. He was heading northbound on Rte. 95 when a State Trooper activated his overhead ‘lights’ and effectuated the stop of his MV. He produced his license and registration without difficulty, was polite and consented to ‘field sobriety testing’ [ never a good idea ]. The Trooper felt he did not properly perform the tests. However, the Trooper failed to smell any odor of alcohol emanating from the Client. It appears the Trooper was unsure initially as to whether the Client was actually operating under the influence of alcohol ( OUI ). As such he contacted several other Troopers to ‘weigh in on the decision’ to arrest for him for OUI or not.

The result, the Client was arrested for a marked lane violation and OUI. A number of hearings are scheduled, including a Motions to Suppress certain statement(s), reports, body cam video(s), etc. Attorney Kelly is successful before the Court relative to the aforementioned. On this day, a trial is held before the sitting Justice, and after extensive cross-examination of the arresting Trooper and closing argument by Atty. Kelly, the Client is found NOT GUILTY OF OUI.

RESULT: AFTER TRIAL, NOT GUILTY OF OUI.


March 22, 2023
Middlesex Superior Court
No. 1981 CR 73

Client, 43 year-old father, husband was driving home in June 2018, from a concert at TD Bank Garden in Boston, MA. He had consumed several beers during the evening and apparently fell asleep behind the wheel of his vehicle ( MV#1 ) as it was traveling on a major highway. His MV eventually collided with the rear of another, resulting in MV#2 spinning out of control in coming to rest in the brake down lane. A short time later MV#3 operating at a high rate of speed struck MV#1 and then proceeded to drive in the ‘brake down lane’ and T-Boning MV#2 on the driver’s side, causing the death of the victim. Mass. State Police respond, Client arrested and subsequently indicted on OUI Felony Motor Vehicle Homicide and Driving to Endanger ( a conviction on the OUI Felony charge carries a mandatory prison sentence ). Prior to this incident, the Client had no prior criminal record and spotless driving record.

On this day, after countless court hearings and discussion(s) with the prosecutor(s) involved in this case, a resolution was finalized this day. The Client pleaded guilty to the misdemeanor ‘prong’ of the OUI MV Homicide charge and guilty as to the Driving to Endanger – he was placed on probation for 5 years with conditions. As a result, he avoided incarceration and a felony condition.

RESULT: MANDATORY INCARCERATION AND FELONY CONVICTION AVOIDED


February 27, 2023
Wareham District Court
No. 2160 CR 813

Client, 31-year old male is arrested in a ‘sting operation’ ( attempting to engage in sexual activities with a minor ). The Client utilized a web site that claimed all users were over the age of 18. Law enforcement communicated with the Client several times over a few weeks ( claiming that the ‘individual’ was over 18 ). Once the Client agreed to meet for sexual activity ( at the last moment, the undercover police officer stated ‘she’ was under 16 ). The Client drove to a designated parking lot and was summarily arrested. He was charged with providing a minor with obscene material and enticing a child under 16. The Prosecutor Dismissed the Obscene charge because it lacked no factual or legal basis to the support the charge. Relative to the Enticing charge, the Client was a given CWOF [ continuance w/o a finding for 2 years } after the successful completion of Probation his case will be dismissed. At this point he has avoided a conviction and the requirement to register with Sex Offender Registry Board.

RESULT: CONVICTION AND SORB REGISTRATION AVOIDED


February 7, 2023
Newburyport District Court
No. 2222 CR 1501

Client, 55-year old male, self employed successful businessman is charged with A&B upon his girlfriend. He has prior criminal record. The Client denies ANY physical contact with her during a verbal argument at his home. She calls 911, of course he is arrested and an eventual trial date is set. She hires an attorney who represents to the Court that the GF has a 5th Amendment Right that she wishes to invoke. After a colloquy by the judge with the GF – the Court DISMISSES the Criminal Complaint upon motion by Atty. Kelly.

RESULT: CLEAN RECORD PRESERVED – CASE DISMISSED.


January 18, 2023
Concord District Court
Criminal Clerk’s Hearing
No. 2247 AC 1642

Client, 20-year old male, with no criminal record is charged with ‘ leaving the scene after causing property damage ’. Apparently the motor vehicle he was driving left the roadway and struck a utility pole causing extensive damage. Fortunately he or no one else was injured. He apparently ran from the site and did not report the accident. He is eventually charged by the police based on eyewitness testimony and items belonging to him that were left in the car. His parents hire Atty. Kelly who convinces the Clerk Magistrate this day that he ‘deserves a second chance’ and not to issue the criminal complaint. The Magistrate agrees and leaves the ‘matter’ open for 3 months. At the successful conclusion of this period of time – his case will not be entered in the Criminal Court Session.

RESULT: NON-ISSUANCE OF CRIMINAL COMPLAINT.


January 13, 2023
Milford District Court
No. 2266 CR 776

Client, 44-year old male is charged with assaulting hospital staff and his eventually arraigned on several counts of assault and battery. Attorney Kelly is retained and arranges for the Client to undergo a mental health evaluation. A psychiatrist opines that the Client must now continue to stay compliant with newly prescribed medication and counseling ( that was not previously diagnosed or provided ). As a result, he is placed upon ‘Pre-Trial Probation’ by the Court whereby he must continually follow the aforementioned for a year. At the successful conclusion of same – his case will be DISMISSED with no prosecution.

RESULT: ANTICIPATED DISMISSAL


January 11, 2023
Natick District Court
No. 2187 CR 286

Client, 26-year old male is charged with Assault and Battery with a Dangerous Weapon ( a felony ). It was alleged that the Client cut a portion of women’s hair with a pair of scissors during a sex act. The ‘victim’ was not aware of the hair cutting until the next day. She reports this to the police 8 months after the incident. The case finally goes to trial this day and the Client is found Guilty of Assault and Battery only ( a misdemeanor ). NOT GUILTY OF A&B /DW. He is placed on probation and ordered to seek counseling.

RESULT: NOT GUILTY OF CHARGED FELONY.