December 2014
Charges: Assault and Battery
Court: Belchertown District Court
Result: Dismissed at Clerk Magistrate’s Hearing
Our client a 42 yr. old male had an altercation with his female roommate after he decided to move out. He went to retrieve his items and she started to yell and scream at him and tried to push him out of her house. She then called the police and our client was accused of Assault and Battery.
Our client hired Attorney Matson for the clerks hearing and the case was dismissed. Attorney Matson demonstrated to the clerk that our client was just trying to peacefully vacate the premises and his roommate started the alteration.
The clerk agreed with Mr. Matson and no criminal charge was issued.
Our client was very grateful he does not have a criminal record.
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December 2014
Charges: Filing a False Police Report
Court: Framingham District Court
Result: Dismissed at Clerk Magistrate’s Hearing
Our client, a 40-year-old man filed a stolen vehicle report with the police, explaining to them that he had a very bad fight with his girlfriend and she took his car. He told the police that he called her several times, leaving messages to return his car. The car was found the next day across the street from his girlfriend’s house. The police noted in their report the car was not damaged in any way and was locked.
Based on this and despite our client telling police that she had keys, our client was charged with filing a false police report.
At the Clerk’s Hearing Attorney Matson expressed to the clerk the frivolity of this charge and the clerk agreed, dismissing the case.
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November 2014
Charges: Leaving the Scene of an Accident
Court: Wrentham District Court
Result: Dismissed at Clerk Magistrate’s Hearing
After leaving the scene of an accident our client a 25-year-old graduate student went home where the police caught up with him. He told the police he waited for them to come for ten minutes and then left, the police then explained that they showed up minutes after the accident and then gave our client his bumper that fell off at the scene.
Our client insisted he waited but the police did not believe him. The police gave our client a summons to appear before a clerk.
Attorney Russell Matson went the extra mile and subpoenaed two witnesses who corroborated our client’s story and the charges were dismissed.
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November 2014
Charges: Negligent Operation of a Vehicle
Court: Eastern Hampshire District Court
Result: Dismissed at Clerk Magistrate’s Hearing
Our client, a 35-year-old man was charged with negligent operation of a motor vehicle after he went down the wrong way on a one-way street and hit a man driving his motorcycle. Our client admitted to the police that he was at fault and he was very sorry.
The police issued a citation to our client to appear before a clerk to determine if criminal charges will be pursued.
At the Clerk Magistrate’s hearing Attorney Matson explained to the clerk that our client was lost and that he will pay restitution to the victim. The clerk dismissed the charges and our client walked away with a clean record.
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October 2014
Charges: Hit and Run (Leaving The Scene of an Accident)
Court: Salem District Court
Result: Dismissed at Clerk Magistrate’s Hearing
My client, a 30-year-old woman was seen driving away after hitting a parked car. The police were called and three witnesses reported seeing her car hit a parked car then drive away. She was also seen walking from her parked car two streets over towards the accident. The police found her parked car and saw there was damage to it and issued her a citation for Leaving the Scene of an Accident.
At the clerk’s hearing, Attorney Russell Matson argued successfully that the charges should be dismissed because our client was walking back to the accident after she realized she hit the car. The Clerk agreed and dropped all charges.
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Marlborough District Court
Charges: OUI-Drugs, Negligent Operation
Court: Marlborough District Court
Result: Not Guilty of OUI, Agreed to a CWOF for Negligent Operation
My client was in an accident where he rear-ended another vehicle hard enough so that his car’s airbag had deployed. The officers found him to be answering questions slowly and having difficulty staying awake.
He failed several field sobriety tests. He had been released from the hospital earlier and had been given Ativan (Lorazepam). During the booking process, the police called an ambulance because he had become unresponsive.
After a bench trial, I argued and the judge agreed that it was not proven that Ativan is on the list of controlled substances that qualify for OUI under the statute, and also did not think it was beyond a reasonable doubt that that driver couldn’t have been affected by the accident itself. He found my client not guilty of Operating Under the Influence.
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September 2014
Driver Accused of Impersonating a Police Officer
Charges: Impersonating a Police Officer
Court: Quincy District Court
Result: Dismissed at Clerk’s Hearing
My client was issued a citation for impersonation of a police officer when the police stopped him for driving his Maserati GranTurismo that was decorated as the character Barricade from Transformers.
At the hearing, the police prosecutor argued strenuously that my client was absolutely a legitimate threat to public safety, and intended to represent himself as a police officer to the public.
Fortunately, the clerk agreed with me that that was not his intent and that his actions did not meet the statute.
The case was dismissed, and no formal criminal complaint was issued, so this will not be on my client’s record.
This case got a lot of local and national media attention since it was so unusual. My client brought the car to the courthouse, and it was covered by local print, internet, and television media.
Here I am being interviewed on Channel 7 in Boston outside the courthouse.
Here is the TV report from Channel 7 News:
7News Boston WHDH-TV
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August 2014
Charges: Leaving the Scene of An Accident
Court: Cambridge District Court
Result: Dismissed.
Our client a 50 rear old truck driver was driving his 18 wheeler on the road when he struck two granite posts.
A witness behind him saw this and took a picture of the back of the truck. The witness called the police and gave them the picture and the police issued a citation to our client. He appeared before the clerk Magistrate and Attorney Matson explained that our client had no record. The clerk dismissed the charges, and our client avoided possible dismissal from his job.
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Charges: Leaving the Scene of An Accident
Police Department: Taunton
Result: No Criminal Citation Issued
Our client a 57-year-old man from Minnesota was in town on business. He and his wife, unfamiliar with the area accidently hit a car and then drove off.
Our client retained Attorney Matson to intervene with the police to see if the matter could be dismissed, our client paid restitution to the other driver and the police did not file charges.
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Charges: Leaving the Scene of An Accident
Court: East Boston District Court
Result: Dismissed.
Our client a 59-year-old woman from China was arraigned on a charge of leaving the scene of an Accident.
At the arraignment Attorney Matson arranged for a Cantonese interpreter so that our client could explain that she was not driving her car at the time of the accident, her son was. The judge dismissed the charges.
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July 2014
Charges: Leaving the Scene (Hit and Run)
Court: Haverhill District Court
Result: Dismissed
Our client, a 30-year-old woman was accused of hitting a car, damaging the driver’s door and leaving. A witness saw a car with our clients’ license plate leaving the scene. The witness wrote a note with the plate number and left it on the windshield of the damaged car. The owner of the car found the note and saw the damage and immediately reported the accident to the police.
The police contacted our client and sent her a summons to appear before a clerk to determine if a crime was committed.
Attorney Matson explained to the Clerk that our client has no driving record and at the time had no idea she hit the car. The clerk agreed with Attorney Matson and dismissed the case.
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Charges: Malicious Damage of Property, Disorderly Conduct, Disturbing the Peace and Resisting Arrest
Court: Brockton District Court
Result: Pretrial Probation, case to be dropped after 6 months of no incidents
Our client a 22 yr old male, after a night of drinking with his buddies in March at the local bar, got into a fight with the manager and was escorted out of the bar. In the parking lot, a police officer watched as our client screamed at the manager and walked away.
The police officer followed our client in his cruiser as he walked in the street, after noticing the cruiser our client threw a snow marker at it and then whipped a can of beer into a commercial driveway. The officer quickly pulled over and tried to explain to our client that he was being placed under protective custody but as he tried to cuff him, our client broke free and broke the rain guard on the cruiser.
The officer and our client had a brief struggle but the officer was able to subdue him.
Our client then tried to fight off the officer while cuffed in response to being placed into the cruiser. Eventually, the officer got our client into the car and brought him back to the station where he was placed under arrest for malicious damage of property, disorderly conduct, disturbing the peace and resisting arrest.
At court Attorney Russell convinced the judge that this was a one-time unfortunate event and that it would not happen again. The judge granted PreTrial Probation, so after 6 months with no incidents, our client will have no record.
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Charge: Felony Malicious Destruction of a Motor Vehicle
Court: Somerville District Court
Result: No Criminal Complain Issued at Clerk’s Hearing.
Our client a 32-year-old male was accused of malicious destruction of a motor vehicle, which is a felony. Our client posted his intent to slash tires on Facebook directly to the person and then followed through with it.
He was sent a summons to appear in front of the Clerk Magistrate.
Attorney Matson convinced the Clerk that this was a momentary lapse in judgment and the client fully intended to pay restitution. The Clerk agreed with Attorney Matson and the complaint was not issued. Our client avoided a felony charge, incarceration, and heavy fines.
May 2014
Charge: Domestic Assault & Battery
Court: Chicopee District Court
Result: Found Not Guilty at Trial.
Our client, who was just discharged from the Army after a tour in Iraq was accused of Domestic Assault and Battery. Through a series of unfortunate events, he and his wife had an argument and his wife ended up filing charges against him.
Our client who was just trying to protect himself found himself in more trouble than he could handle.
With the help of Attorney Matson, he was able to go to trial and get a not guilty verdict. Attorney Matson argued successfully that our client did not commit the crimes he was accused of. Our client, with this load off his mind, can now focus on what’s best for his family.
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Charge: Hit and Run
Police Department: Bellingham
Result: No criminal citation issued by police
Our client a 30-year-old man was in an accident, not knowing what to do; he immediately called his insurance company to report it. The police were informed he was in the accident and charged him with leaving the scene.
He hired Attorney Matson who spoke with the police explaining that our client wanted to do the right thing and was unaware he had to stop if he reported the incident to his insurance company. The police did not press charges
April 2014
Charge: Leaving the Scene of an Accident w/Property Damage
Court: Haverhill District Court
Result: No Complaint Issued
Our client a 34-year-old woman received a summons in the mail charging her with leaving the scene with property damage. Our client accidentally backed into another person’s car and then drove off.
A witness jotted our client’s license plate down and said that he saw the accident and left it under the wiper of the car that was hit. The owner of the car reported it to the police and our client was summonsed before a Clerk Magistrate.
Attorney Matson explained to the Clerk that our client did not intentionally leave the scene and that restitution will be made. The Clerk did not issue the complaint. Our client avoided a criminal misdemeanor on her record.
April 2014
Charge: Possession of a Class B Substance (Cocaine, Molly)
Court: Attleboro District Court
Result: Case Dismissed for Community Service.
Our client a 19-year-old male was pulled over for a failure to yield to oncoming traffic. He accidentally cut off the officer who pulled him over. The officer approached our client’s car and said that he detected a very strong odor of marijuana and also saw a grinder used for marijuana.
The Officer asked him to step out of the car and he said no, he asked for the grinder and he gave it to him. Again he was asked to step outside the car.
Eventually, our client got out of the car and the officer conducted a search even though our client said no. Our client was arrested and charged with two counts of possession of a class B substance (LSD and molly/ecstasy).
Attorney Matson filed a Motion to Suppress stating that the car was illegally searched and at the Motion Hearing the prosecutor read the facts and promptly made a deal; the charges would be dropped after 40 hours of community service.
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March 2014
Charge: Leaving the Scene of an Accident
Court: Quincy District Court
Result: Case Dismissed at Clerk Magistrate’s Hearing.
Our client, a 27-year-old man was on his way to work when a rental car pulled in front of him and scratched his car. Our client said that the other car drove off and so he did not report it. That night he was notified that he had been in an accident and was accused of leaving the scene.
At the Clerk’s Hearing Attorney Matson pointed out that the other car drove off and that our client had a clean driving record, the clerk agreed and charges were not filed. Our client was relieved that he did not have a criminal record because of this.
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March 2014
Charge: Falsifying Documents on a Firearms Application
Court: New Bedford District Court
Result: Case dismissed at Clerk Magistrate’s Hearing.
Our client a 26-year-old male was charged with falsifying documents on a Firearms Application. The police, after reviewing his application saw that our client was no longer at the address he provided and was therefore given a summons. Our client was told he needed to appear before a Clerk Magistrate and if he was charged with this he would have a criminal record.
At the Hearing Attorney Matson pointed out to the Magistrate that the date on the application was our client’s mother’s address. He lived there all of his life and all his mail went to that address. He just recently moved in with his girlfriend but never changed his mailing address. The Magistrate agreed with Attorney Matson and dismissed the charges.
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March 2014
Charge: Shoplifting
Court: Hingham District Court
Result: Case dismissed for court costs.
Our client, a single mom, was arrested for shoplifting at a local department store. After talking to the DA and to the judge, I was able to get the charges dismissed with court costs.
For our client, this meant a clean record and peace of mind.
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Charge: Leaving the Scene of An Accident With Property Damage
Court: Plymouth District Court
Result: No Criminal Complain Issued, Case Dismissed.
Client hit a guardrail and did significant damage and left the scene. A civilian witness called in the accident with our client’s license plate number. The police went to the client’s house to issue a citation for leaving the scene of an accident.
At the clerk magistrate’s hearing, I pointed out that my client had no criminal record and a clean driving history.
The clerk agreed with my argument that justice was not served by putting this man in the system and giving him a criminal record. The clerk agreed, and no complaint was issued, which essentially means the incident never happened, according to the courts.
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Charge: Vandalizing Property / Malicious Damage
Court: Wrentham District Court
Result: PreTrial Probation, No Charge Will Issue if He Stays Out Of Trouble.
An 18-year-old client, a college student, was charged with vandalizing property in the Wrentham District Court. The client allegedly smashed a window of another person’s car with a tire iron.
The police were called by a witness who observed what our client was wearing and gave the description to the police. Not soon after the police spotted our client a few blocks from the scene and promptly arrested him for vandalizing property. At the hearing, I was able to convince the judge that our client had no record and it was a momentary lapse of judgment.
The judge agreed to put my client on pre-trial probation, which means the charge will not show up on his record if he stays out of trouble during his short probationary period.
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February 2014
Charge: Negligent Operation of a Motor Vehicle
Court: Salem District Court
Result: Dismissed At Clerk’s Hearing
Our client, a 35-year-old male backed into an elderly woman while driving through a store parking lot. When the police arrived they questioned the woman and a witness who both identified our client as hitting the elderly woman.
The police issued a citation and our client had to appear before a clerk magistrate with a charge of negligent operation.
Attorney Russell Matson, at the hearing, argued successfully that our client should not be charged with this crime. The clerk dismissed the charges.
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January 2014
Charge: Drug Possession (Class B Substance)
Court: Chelsea District Court
Result: No Complaint Issued at Clerk Magistrate’s Hearing, Case dismissed.
Our client a 45-year-old woman was pulled over after she made an illegal left turn. The police ran her record and saw that she had been charged with possession in the past.
The police searched our client’s car and found an open container of alcohol and baggies of what they determined as drugs.
The police issued a citation for our client to appear before a magistrate for possession of a class B substance (crystal meth) and possession of a Class E Substance (pills). The search itself was very questionable, and we had a very good issue to get the evidence thrown out at a motion to suppress hearing. However, the case never even got that far.
At the hearing Attorney Russell Matson convinced the magistrate that a crime was not committed and the case was dismissed.
