Results

Sometimes people, who never expect to be involved with law enforcement, find themselves caught up in circumstances beyond their control, and charged with serious criminal offenses. Our office is designed to furnish these first time offenders with a comprehensive and aggressive defense:

• An associate professor at a local university was charged with assaulting his infant child causing injury. The professor confessed to several family members. He was charged with serious felonies and was facing significant state prison time and removal from the country because he was not a US citizen. We retained the services of a forensic psychiatrist, neuro-psychologist and immigration law expert. After receiving a detailed defense brief, the prosecutor allowed the professor to plead to one reduced-count misdemeanor. The prosecutor recommended a sentence that did not include prison.
  Result: probation and no removal.
• A professional photographer was falsely charged with pushing his neighbor down a steep set of interior stairs causing permanent injury. Extensive pretrial investigation, presentation of expert engineering testimony and good character evidence led to an acquittal.
  Result: Not Guilty.
• When a professional musician was accused of date rape, our investigation into the accuser's background revealed a prior traumatic sexual experience. We retained a nationally renowned expert on post-traumatic stress syndrome who testified that a flashback to the traumatic experience was capable of generating a false accusation. The musician was acquitted after a jury trial.
  Result: Not Guilty.
• A senior account controller at a Boston-based national financial firm, was arrested and charged with assault and battery on a police officer, resisting arrest and disorderly conduct. We conducted an early and aggressive investigation that resulted in submission of a letter to the prosecutor. We were able to convince the prosecutor to dismiss the charges before arraignment.
  Result: charges dismissed prior to arraignment — no centralized record of arrest.
• A Boston attorney was charged with leaving the scene of a accident with a public bus. We obtained and reviewed the relevant discovery documents and discovered that the police had failed to follow proper procedures. We filed a motion to dismiss before the arraignment. The motion was opposed by the Commonwealth but allowed by the judge.
  Result: charges dismissed prior to arraignment — no centralized record of charge.

• In 2003, federal agents charged a man from Brockton with RICO violations, including murder in furtherance of racketeering. The federal government sought the death penalty against the man in Massachusetts federal court. We aggressively fought against death penalty for three years until the federal government decided to abandon its death penalty prosecution and dismiss all federal charges. The murder case against the man was adopted by the Commonwealth of Massachusetts. Finally, in 2008, the murder trial began in Suffolk County. After a three week trial the man was acquitted of the murder charge for which he once faced the death penalty.
  Result: Not Guilty.
• When three young children perished in a house fire, an electrician was charged with three counts of involuntary manslaughter. The trial involved complex issues relating to electrical installations and the investigation of arson. Working with experts in the field of electrical engineering and fire prevention, our defense challenged the prosecution's expert testimony concerning the origin of the fire. The electrician was acquitted of all charges.
  Result: Not Guilty.
• A licensed gun carrier was charged with murder and attempted murder of two individuals. Our defense attacked the government's case by showing that the client acted in self-defense. We meticulously exposed an incomplete and shoddy police investigation and the client was acquitted of the murder charge.
  Result: Not Guilty.

Sometimes well-intentioned doctors and medical professionals brush aside the presumption of innocence when they suspect child abuse. Innocent and loving parents suddenly find themselves falsely accused of injuring their child. They are forced to deal with criminal prosecution and the loss of parental rights. With comprehensive medical and scientific evidence, it is possible to counter these charges.

• A professional couple was accused of shaking their 8 month-old infant. The Department of Social Services attempted to terminate parental rights. By conducting a thorough investigation and presenting expert testimony in the fields of pediatric neuroradiology, biomechanics and pediatric ophthalmology, we were able to restore parental rights. Criminal charges were never brought.
  Result: No criminal charges.
• Convicted of shaking and injuring his daughter, a father was sentenced to four years in prison. Retained post-conviction, we reviewed the case file and presented a motion for a new trial based on the ineffectiveness of trial counsel for failing to present appropriate expert testimony to establish alternate causes of the child's injuries. The new trial was granted and the father was released from prison. After a second trial, the father was acquitted of all charges.
  Result: Not Guilty.
• We have successfully defended two other families facing false allegations of shaken baby syndrome. These cases are extremely difficult to defend because they are almost entirely based on medical evidence presented by highly qualified doctors. Often, however, there is an alternate and innocent theory that explains the injuries. We have earned a reputation as having the experience and skills needed to defend these cases of child abuse and shaken baby syndrome allegations. We know and have extensively worked with the experts in the field who are qualified to review all the medical evidence and rebut the charges.

The unforeseen legal consequences of experimentation can be terrifying. High school and college students may suddenly find themselves facing criminal charges involving illegal drugs, assault, sexual assault, and destruction of property. We have extensive experience handling first time offenders.

• A college student was charged with a felonious assault, using a replica firearm. We worked with a forensic psychiatrist to perform a comprehensive evaluation. The young man was properly diagnosed for the first time in his life. Working with the prosecutor and the court, the charge was reduced to a misdemeanor and the court referred our client to treatment. After successfully completing treatment, the student returned to the college and received his degree.
  Result: probation and completion of degree.
• A college student was charged with two counts of domestic assault and battery against his girlfriend. We conducted a private investigation that led to the discovery of exculpatory evidence which we presented to the prosecutor, resulting in the dismissal of one count. We also conducted aggressive pre-trial litigation that led to the disclosure of evidence that we used at a jury-waived trial that led to an acquittal on the second count.
  Result: One count dismissed; one count: Not Guilty.

People who are dependent on drugs often resort to selling drugs to support their habits. When a first time offender is charged with a drug distribution offense, we have often worked with addiction specialists to persuade the district attorney that the person has a drug problem and is not a serious dealer. Working with the courts, we have been able to refer clients to treatment programs and reduce charges to possession, a misdemeanor.

Drug charges may also be brought following an illegal search and seizure.

• A local college senior, months from graduation, was charged with trafficking in illegal drugs after police found drugs in the trunk of his car. The student faced a minimum mandatory sentence of fifteen years if convicted. After an aggressive investigation, we discovered evidence that police had illegally searched the student's car. We filed a motion to suppress the drugs, together with a detailed memorandum of law. After an evidentiary hearing, the judge allowed the motion to suppress and dismissed all charges against the student. At the conclusion of the case, the senior was allowed to receive his diploma.
  Result: Case dismissed.

With the introduction of the Patriot Act, the expansion of RICO and the Antiterrorism and Effective Death Penalty Act of 1996, federal criminal defense over the last 20 years has become very complex. An effective defense in federal court requires a comprehensive understanding of rapidly evolving federal criminal law. Our familiarity with these statutes has lead to the dismissal of charges, acquittals or reduced sentences for many clients.

In cases where an overwhelming evidence of guilt necessitates a guilty plea, we have used in depth knowledge of the complex United States sentencing guidelines to write persuasive sentencing memos that have resulted in reduced sentences.

• In the seminal pre-trial litigation that exposed the corrupt relationship between the FBI and several top echelon informants, we represented one of the defendants. As a direct result of this case, the FBI comprehensively revised the way agents interact with informants. United States v. Salemme, 91 F.Supp.2d 141 (1999)
• When a client is a target of grand jury investigation in federal court, a comprehensive, aggressive pre-charge representation is the best strategy. We have represented many people who have been subpoenaed to testify in front of a federal grand jury with successful results.
• In a case involving 4th Amendment Litigation, a sixty-year old man was accused of illegal possession of firearms and drugs. Our vigorous and well-prepared cross examination of federal agents during a pre-trial hearing exposed police perjury.
  Result: dismissal of all charges.

Massachusetts now uses ignition interlock devices to control drivers with a history of drunk driving. However, these ignition interlock devices are not always reliable.

• A family business owner was charged with ignition interlock device violations. He was facing a lifetime loss of his driver's license based on allegations that he had failed rolling retests when the ignition interlock device installed in his car registered high breath alcohol levels. We engaged the services of experts in blood alcohol chemistry and interlock technology and a private investigator. Our investigator interviewed and obtained verified statements from important witnesses. At the registry hearing we presented the expert reports and witness statements.
  Result: the complaint was dismissed and the interlock device removed from the owner's car.

We are always vigilant to instances of police misconduct, especially where the misconduct results in the prosecution of false charges.

• The American Civil Liberties Union of Massachusetts recently asked us to represent a man who was arrested by Boston police for violation of the state wiretap laws because he was using his telephone camera to record the actions of police making a public arrest. We filed a motion to dismiss based on a denial of 1st Amendment rights. The motion was allowed. The case generated publicity that led to a public statement by the Boston Police Commissioner acknowledging the right of citizens to record the public actions of police officers.
  Result: case dismissed

• A woman with a chronic illness was arrested by the Newton Police and charged with operating under the influence of alcohol. We developed a defense around the woman's medical issues. After a jury trial the woman was acquitted.
  Result: Not Guilty.
• A college student in Tempe, Arizona was charged with driving under the influence of alcohol. We retained the services of a psychiatrist with a special expertise in sleep medication. We were one of the first lawyers in the nation to recognize and raise a sleep-driving defense based on the ingestion of ambien, a controversial sleep medication.