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Dismissed

Harassing phone call charge and violation of probation allegation

Our client was on probation with about 20 years of suspended jail time hanging over his head if he was found to violate his probation. Someone he did not know accused him of making harassing phone calls and sneaking into a group text thread with other people he did not know. The accuser told police that he got into the group chat about a year ago and that the number he was using previously belonged to someone else in the group text. He was not accused of sending any messages. He was accused of remaining in the thread when no one permitted him to join. The accuser said that she called him to tell him to leave the group, but he refused. The accuser never turned over any phone records in support of their claims to police. Still, the police charged our client with harassing phone calls, and the State filed an allegation he violated his probation. Our client suspected that he had been set up by someone related to his earlier criminal case. We investigated. First, we informed the State that our client was serving time in jail a year ago and could not have joined the group thread. We explained that it is impossible to join someone else’s group text thread without being added by someone already in the group. Then, we obtained a court order for certified records of our client’s phone history and of the accuser’s phone history. Not only were there no records that the accuser ever called our client but there were no records he ever called her or anyone else related to the allegations. Further, there were no records that he joined the group text thread. The prosecution dismissed the charges and the probation violation allegation based on our investigation and the lack of evidence. Our client’s record will be sealed based on the dismissal.

Dismissed

Larceny by false representation.

Our client was charged with obtaining property by fraud. The police accused him of placing a fraudulent order for medical supplies with a company in Tennessee using an imposter email address. We analyzed the evidence. No records connected the email address used by the fraudster to our client in Rhode Island. We filed a written motion to dismiss, arguing that no probable cause existed to suspect our client was the person who placed the fraudulent order and that even if someone did commit fraud, there was no evidence the criminal was located in Rhode Island when it happened. The State did not object to our motion to dismiss and filed a notice of dismissal of the charge. The case will be sealed from our client’s record. 

EVIDENCE SUPPRESSED

Massachusetts Appeals Court Decision in Our Client’s Favor

December 12th, 2022: opinion from the Massachusetts Appeals Court. After a challenge by the Prosecution, The Massachusetts Appeals Court affirmed a lower court judge’s order allowing our client’s motion to suppress. The opinion turned on whether the police were justified in stopping our client and ordering him out of his car. The Court held that although the car stop was okay, the “exit order” was Constitutionally improper. Because the evidence was obtained only after the police illegally ordered our client to exit his car, the evidence must be suppressed.

CASE DISMISSED

Larceny and Larceny by False Pretenses in Plymouth County

Facts: Our client operated a business buying antiques at estate sales and reselling them on eBay. He had a good business relationship with one particular estate seller, purchasing from her many times. In late 2021, he bought a wholesale batch of antique knives and paid a cash down payment of about $1,500.00. The seller let him take the knives and pay the balance later. He made two additional payments of $500.00 by credit card. When he tried to pay the final balance, his credit card would not work, and the seller changed the balance due. A dispute arose about the total cost of the sale. When he refused to pay the surprise increased amount due, she reported him to the police, and he was charged with larceny and larceny by false pretenses. We tried to resolve the case by offering to pay the full amount demanded (even though our client disagreed that was the true terms of the sale) in exchange for a dismissal of the charges. The prosecutor rejected our offer and insisted on prosecuting the ...

CHARGE DISMISSED

Unauthorized Dissemination of Indecent Material – the “Revenge Porn Law.”

Facts: female client wrongly accused by her partner’s ex-girlfriend of illegally sharing a topless selfie of the ex-girlfriend. Client and the ex-girlfriend had never met. The ex-girlfriend sent the topless selfie she took of herself to client voluntarily in a text message while demanding that client stop dating her ex-boyfriend. Case result: After our lengthy investigation, which revealed numerous problems bearing on the ex-girlfriend’s truthfulness, the prosecution agreed to dismiss the charge, which was then sealed permanently from our client’s record. Case date: May 2019.

CASE DISMISSED

Domestic Disorderly Conduct

Facts: client charged with starting a fight with her partner resulting in a physical altercation. Result: case dismissed outright and sealed from her criminal record. Case date: July 2019.

3 YEARS PROBATION – NO JAIL TIME

Felon in Possession of a Firearm – Federal Charges

Facts: client, who had previously been convicted of a felony, caught on video firing various weapons at a gun range, charged with being a felon in possession of a firearm- facing 15 years in federal prison. Result: 3 years probation – no jail time. Case date: January 2019.

NO CRIMINAL CONVICTION, NO PROBATION

Simple Assault and Disorderly Conduct

Facts: client caught on video arguing with a neighbor about a property dispute. Result: simple assault dismissed; disorderly conduct charge filed for one year, when completed the charge will be dismissed from his record. No criminal conviction, no probation. Case date: January 2019.

NO CRIMINAL CONVICTION, NO PROBATION

Simple Battery

Facts: client charged with simple battery after allegedly kissing a friend without consent. Result: case filed for one year at which time the charge will be dismissed permanently from his criminal record. No criminal conviction, no probation. Case date: January 2019.

CASE DISMISSED

Driving Without Registration and Driving Without a License

Facts: client was a Rhode Island resident with an active RI driver’s license, active RI registration, active car insurance, and RI address. He was stopped while driving and arrested and wrongfully accused by police of being a Massachusetts resident and of driving without a Massachusetts registration and without a Massachusetts driver’s license—even though he presented proof of his RI address, registration, and license when police stopped his vehicle. He was removed from his vehicle which was towed, and he spent a night in jail. Result: case dismissed at arraignment. Case date: July 2019.

DISMISSED

Felony Larceny Charges in Dedham, MA

Facts: our client owned and operated a successful swimming pool installation company in RI and MA for decades. In April 2019, during a traffic stop, he was told he had an outstanding warrant from 2004. Apparently, an unhappy customer filed a criminal complaint in Dedham, MA in 2002 accusing him of failing to return a deposit and a pool pump, and later requested an arrest warrant from the court. Our client had no idea there was a warrant out for his arrest that entire time. In July, we argued before the Judge, asking for a dismissal of the charges based on a lack of evidence. The Judge took a couple of weeks to decide on our argument. Result: In late July, the Judge agreed with our argument and dismissed the charges outright . Case closed. Case date: July 2019.

Case dismissed

Domestic Disorderly Conduct

Facts: client was eating at a restaurant with her daughter when her daughter’s ex-boyfriend and his new girlfriend walked by the restaurant and started taunting our client through the windows. The pair stepped into the restaurant and a verbal conflict escalated onto the street. After defending her daughter, our client was charged with simple assault and disorderly conduct. Result: after our investigation into the facts and our advocacy in court, both charges were dismissed by the prosecution. Case date: November 2019.

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