The following is a sample of cases Attorney Arthur L. Kelly has handled over the last 10+ years.

Fortunately the Covid-19 crisis appears to be behind us. The Court(s) are back in full earnest with countless cases suffering from the ‘COVID backlog’ and awaiting trial.

I wish all who visit this site, safeness and wellness now and throughout the end of this pandemic, which as everyone knows – has affected and shaped our lives and all who we care for and love – in so many ways.

Take care, Arthur L. Kelly 4/20/2022

RESULTS OF THE LAST 107 out of 117 O.U.I. Trials and ‘other’ Criminal Bench or Jury Trails or Clerk Magistrate Hearings – NOT GUILTY OR DISMISSED !

Pending cases in various counties include 1st Degree Murder, Armed Robbery, Rape, White-Collar Crime, Trafficking in Drugs, Assault and Battery, OUI, Attempted Murder, OUI, Violation of Restraining Order, Juvenile Criminal Cases, etc.

2022 Case Summaries

April 20, 2022
Dedham District Court
No. 2154 CR 72

Client, 29-year old male is charged with OUI Alcohol after allegedly weaving between and over the marked lanes of travel at 2 am. The police stop his MV he asked to step from his MV – agrees to perform ‘Field Sobriety Evaluations’ [ never a good idea ]. The police claim he failed each assessment, smells of alcohol, glassy eyes and is arrested. On this day Atty. Kelly answers ready for jury trial, the prosecutor answers NOT READY. The Court without hesitation orders the case DISMISSED.

RESULT: OUI CASE DISMISSED


April 14, 2022
Waltham District Court
No. 1951 CR 1781

Client, 35-year old male is charged with OUI-Alcohol after crashing his MV into orange barriers and a tree on a ‘newly partially constructed rotary’. The Client is alleged to have smelled of alcohol, unsteady on his feet, glassy eyes, slurred speech. He refuses to participate in ‘field sobriety evaluations’ and refuses the Breath test during his booking at the police station. The booking is video and audio recorded. The Client performs very well on the video, is not unsteady and answers all the questions politely and coherently. On this day of jury trial, Atty. Kelly aggressively cross examines the police officers and then plays the ‘booking video’ for the jury. After 25 minutes of deliberation, they return a verdict of NOT GUILTY.

RESULT: JURY VERDICT OUI – NOT GUILTY.


April 8, 2022
Newton District Court
Clerk-Magistrate Session
No. 2212 CR 14

Client, 51-year old male prominent Boston hospital doctor is charged by the police with making a false report and a fake 911 call. On this day, after many months of investigation and conversations with the Newton Police, it agreed to request that ‘criminal process’ NOT ISSUE. The Clerk Magistrate also agrees – the matter will stay open for several months and eventually criminal complaints will not issue ( as long as no further ‘problems’ arise ).

RESULT: CRIMINAL COMPLAINTS NOT ISSUED.


April 6, 2022
Waltham District Court
No. 2151 CR 167

Client, 71-year old grandmother is charged by Mass. State Police with operating a rental vehicle and leaving the scene after an accident. Atty. Kelly is appointed by the Court to assist and represent this woman. Atty. Kelly discovers that a witness to the accident claims it was a young Hispanic male who was driving the vehicle. As such, the prosecutor this day informs the Court that they wish for the case to be DISMISSED.

RESULT: CASE DISMISSED.


March 25, 2022
Middlesex Superior Court
No. 1681 CR 280

Client, 58-year old male self employed limo driver has been on Probation for several years. He is ordered to submit to a SCRAM device ( registers your alcohol content 4 times a day ) which of course requires him to stop what he is doing and ‘blow into’ said device. Atty. Kelly is retained to file a motion to Modify the Conditions of Probation, i.e. the SCRAM requirement. After hearing, the Court agrees and the device is terminated from his list of probation conditions.

RESULT: PROBATION CONDITION VACATED.


March 24, 2022
Concord District Court
No. 2147 CR 603

Client, 29-year old female school teacher is arrested for OUI Alcohol. She was stopped because she speeding thru a parking lot. She smells of alcohol and admits to drinking as reported by the police. She performs exceptionally well on all of the ‘field sobriety evaluations’ and refuses the ‘breathalyzer’ at the station. Her ‘booking video’ is unremarkable. Today a ‘bench trial’ [ before a judge only ] is held, Atty. Kelly cross examines the arresting officer. After which both the prosecutor and the defense rests. The Court renders it’s decision NOT GUILTY !

RESULT: NOT GUILTY OF OUI AFTER TRIAL.


February 11, 2022
Cambridge District Court
No. 2051 CR 894

Client, 44-year old male executive, is charged with OUI – Drugs, Neg. Operation of MV and several other motor vehicle offenses. In short, the Client rear-ended another MV at a traffic stop light, no injuries. Police arrive, and believe the Client is under the influence of alcohol because the ‘Officer smells an odor of alcohol on his person’. He is arrested and charged with OUI Alcohol. He is then brought to the police station and submits to a ‘breath test’ – the reading 0.00 ! NO ALCOHOL in his system. The police check his car and find a prescription bottle and decide to change the charge to OUI Drugs ! On this day the case is before the Court. The Prosecutor concedes that they cannot prove their case relative to the ‘amended’ charge of OUI – Drugs. The Court is somewhat confused why this case was even filed.

RESULT: OUI DRUG CHARGE DISMISSED.


February 9, 2022
Falmouth District Court
No. 2189 CR 1195

Client, 55-year old male, is charged with OUI, Negligent Operation of a MV and Possession of Cocaine with Intent to Distribute, etc. In essence the OUI portion of the criminal charges was overwhelming. A conviction of the drug charge to distribute was likely to result in incarceration. Atty. Kelly persuaded the prosecutor to Dismiss the Neg. Op. and Drug Charge to Distribute. As a result, the Client pled guilty to simple possession of Cocaine and his OUI charge was Continued Without a Finding. He was placed on Probation for 1 year.

RESULT: JAIL CONFINEMENT AVOIDED


January 25, 2022
Waltham District Court
No. 2151 AC 356

Client, 18-year old male, college freshman with no record of any kind is alleged to have operated his motor vehicle in a negligent manner, losing control and striking a concrete wall. Luckily he nor anyone else was injured. An application for a criminal complaint is sought by the police and Atty. Kelly is retained. A hearing is held on May 20, 2021 and the Clerk Magistrate finds probable cause for the issuance of the criminal complaint. However, Atty. Kelly with the assistance of the Prosecutor, asks the Court to defer the arraignment for 7 months to allow the Client to attend various programs and demonstrate the ‘true person’ he is. On this day, the Court dismisses the Complaint of Neg. Op. prior to arraignment and upon the request of a very understanding Prosecutor.

RESULT: CASE DISMISSED PRIOR TO ARRAIGNMENT CLEAN RECORD PRESERVED.


January 20, 2022
Middlesex Superior Court
No. 1981 CR 391

Client, 44-year old male on probation in Superior Court is alleged to have violated his terms and conditions of probation while serving a sentence in a county jail. Atty. Kelly is appointed by the Court to address the issue. Attorney Kelly argues that the Probation Officer’s claim that he violated a term of his probation is baseless. Namely, that he had indirect or direct contact with the victim of his case by allegedly writing her name on a piece of paper that was confiscated from his jail cell. The Court agrees that there is not probable cause to commence probation surrender proceedings. Application for further hearing DENIED.

RESULT: PROBATION SURRENDER APPLICATION DENIED – POSSIBLE FURTHER PERIOD OF INCARCERATION AVOIDED.


January 6, 2022
Waltham District Court
No. 2151 AC 1021

Client, 89-year old male retired executive for a major computer manufacturer is alleged to have struck an 83-year old male in a public parking and running over his body. Fortunately the individual did not suffer life threatening injuries. A criminal application is sought by the police and a hearing is held before a Court Magistrate. Atty. Kelly is retained prior and conferences the case with the responding police officer. At the hearing the police and Atty. Kelly jointly agree to request that the Court not issue a criminal complaint for negligent operation IN EXCHANGE for the Client agreeing to surrender his license for life. The Court agrees, criminal complaint does not issue.

RESULT: AVOIDANCE OF CRIMINAL COMPLAINT.