Massachusetts Criminal Court Wins

Criminal Case Wins & Results

Every case is different, and no attorney can guarantee results in court. To do so would be unethical, and frankly, suspicious. A good attorney will give you an honest assessment of the most likely outcome of your case, as well as the best case and worst-case scenario.  We won’t just tell you what you want to hear.

The following are some recent, real cases we’ve handled. Feel free to ask about them if they appear similar to charges you may be facing and if we think we are likely to get you a similar outcome.

Of course, no two cases are exactly the same, and past results are no assurance of the same outcome, But many clients I speak to are happy when I tell them “I had a case very similar to yours, it worked out very well, and we got an excellent result that avoided the significant downside of a permanent criminal conviction on your record”.

(Case Dismissed, Not Guilty Verdicts, and Significantly Reduced Charges)

April 2021

Charge: Leaving the Scene of Property Damage

Court: Cambridge District Court

Result: Case Dismissed at Clerk Magistrate’s Hearing

My client was cited for leaving the scene of property damage and appeared at a remote Clerk Magistrate’s Hearing via Zoom.

I was able to convince the clerk magistrate that there was no need to go forward with issuing a criminal complaint. The situation was resolved, the party that received the damages was fully compensated and the situation corrected.

Sent documentation of that to the courts.

Case dismissed.

—

I will be updating more remote case wins in the last year. My zoom hearing record is near perfect! These are very winnable cases.
Happy to talk about it and help, click to text me anytime at (781 )817-6332!

---

October 2019

Charge: Negligent Operation

Boston Municipal District Court

Result: Dismissed at Arraignment

My client was stopped by the police after weaving in and out of traffic cones on the highway where they were setting up for construction work. He admitted to doing so, saying he didn’t see anyone around, and thought it would be fun, but it was a stupid idea. He was cited for negligent operation of a motor vehicle, to appear at a clerk magistrate’s hearing.

At the Clerk Magistrate’s Hearing, the Clerk found sufficient cause to move forward with a charge, and issued the criminal complaint.

I appeared at the arraignment. I was able to speak to the DA and get them to agree to not prosecute (null prosse). The Suffolk Country DA’s office has a mandate from DA Rollins to not pursue nuisance, low-level charges. I was able to get them to agree that this office fell into that category and was not worth pursuing.

The client was extremely grateful as he had a green card and was concerned about possible immigration consequences if he were to be convicted of a crime.

September 2019

Charge: Threatening to Commit a Crime

Westboro District Court

Result: Dismissed

My client was accused of abusively threatening local town officials over a dispute about a bill. The town officials were very concerned and notified the police.

At the hearing, the police prosecutor was extremely insistent about a criminal charge being issued. There was clear evidence for probable cause and multiple witnesses.

However, the clerk agreed to dismiss the charge if the client agreed to continue with their counseling and medication.

September 2019

Charge: Leaving the Scene of an Accident

Framingham District Court

Result: Dismissed at Clerk Magistrate’s Hearing

My client’s vehicle was found by police damaged on the side of the road with the airbags deployed after striking a granite town marker. The police contacted him by phone and he admitted to driving the vehicle. He also agreed to meet the police officer at the station to answer more questions.

I advised my client not to speak to the police. After I was hired, I contacted the officer and told him that my client would not be meeting to talk to him. 

My client was mailed a citation for leaving the scene of an accident and scheduled to appear at a clerk magistrate’s hearing.

Representing my client at the hearing, I got the clerk magistrate to agree to dismiss the large after we had arranged for the damage to be paid for, and that my client had no record.

The case was dismissed.

September 2019

Charge: Leaving the Scene of an Accident

Framingham District Court

Result: Dismissed at Clerk Magistrate’s Hearing

My client’s vehicle was involved in a fairly serious collision with another car on Route 9 in Framingham. The license plate was identified and he received a citation for leaving the scene of an accident with property damage.

At the hearing, I argued there was no evidence that my client, the owner of the car was driving the vehicle at the time of the incident. It could have been another family member.

The clerk dismissed the charge against my client.

September 2019

Charge: Negligent Operation

Cambridge District Court

Result: Dismissed @ Clerk Magistrate’s Hearing

My client lost control of his vehicle while swerving to avoid an object on the highway. He was driving for Lyft at the time, and his passenger was injured and transported to the hospital. He admitted that he had worked a long shift and was tired.

He was called to appear at the Cambridge District court via criminal citation on charges of Negligent Operation of a Motor Vehicle.

A criminal charge on his record would have been detrimental to his goal of becoming an ordained minister, as well as continuing to drive for Lyft.

Fortunately, I was able to get the Clerk Magistrate to agree to dismiss the case.

August 2019

Charge: Negligent Operation / Leaving the Scene

Quincy District Court

Result: Dismissed

My client struck a fence while making a turn too quickly and drove home afterward. Someone heard a loud crash and a tire popping. The police came to investigate the damage and saw him picking up debris from his car at the accident scene. 

He was issued a citation for leaving the scene of property damage and negligent operation of a motor vehicle.

At a clerk magistrate’s hearing at Quincy district court, I was able to convince the clerk to dismiss the charges.

August 2019

Charge: Leaving the Scene of Property Damage

Concord District Court

Result: Dismissed

My client was in an accident she had caused, and drove away from. She was a very small older woman, who was frightened by an angry large man whose car she hit.

She was concerned about the court case going forward since she was moving to California. We were able to secure an agreement where no criminal charge was issued.

August 2019

Charge: Minor in Possession of Alcohol

Holyoke District Court

Result: Dismissed

My client was given a criminal citation to an arraignment for being in possession of alcohol while under 21, open container, and operation on a suspended license.

I was able to work out a deal at the arraignment where the criminal charges were dismissed, and the minor in possession offense was converted to a civil charge.

My client will have no criminal record from the incident.

July 2019

Charge: Possession of False ID, Attempt to Procure Liquor Under 21.

Attleboro District Court

Result: Dismissed

My client attempted to purchase alcohol from a liquor store with a false, out of state ID. The store clerk requested an officer to verify the ID when it didn’t scan as valid. When questions by the officer, my client immediately admitted the ID was false and requested he put back the alcohol, give up the ID and leave the store. He was concerned about staying out of trouble.

The officer issued him a summons to an arraignment at the Attleboro District court.

Attorney Matson negotiated a complete dismissal of all 3 criminal charges in exchange for 8 hours of community service. There will be no record that the case ever went to court as long as he completes his community service in accordance with the terms.

June 2019

Charge: Leaving the Scene of Property Damage

Peabody District Court

Result: Dismissed

My client received a criminal citation for Leaving the Scene of Property Damage to appear at a Clerk Magistrate’s Hearing at the Peabody District Court.

I argued at the hearing that :

1. The accused ‘s daughter was actually the driver who had borrowed her car
2. that the claim was paid and the victim was made whole.

The Clerk dismissed the charge, no complain was issued.

May 2019

Charge: Leaving the Scene of Personal Injury

Brockton District Court

Result: Charge Reduced to Leaving Scene of Property Damage

My client received a criminal citation for Leaving the Scene of a Personal Injury to appear at a Clerk Magistrate’s Hearing at the Brockton District Court.

I wrote a letter to the DA requested a breakdown (charge reduction)and had the case set for trial.

The DA agreed and my client avoided 1 year license loss and 6 months in jail.

April 2019

Charges: Leaving the Scene of Property Damage, Negligent Operation of a Motor Vehicle

Waltham District Court

Result: Dismissed after 3 months.

My client received a criminal citation for Leaving the Scene of Property Damage and Negligent Operation.

Driving home he struck another vehicle in the dark but thought it was a snowbank at the time. The damage to his car tore off his license plate which was left at the scene. The police used it to track him down.

The client’s visa was expiring and he wanted to leave the country and be able to return. We needed to get the case closed immediately without a conviction, and the magistrate agreed.

March 2019

Charge: Leaving the Scene of Personal Injury, Leaving the Scene of Property Damage

Waltham District Court

Result: Dismissed

My client was issued a criminal citation for Leaving the Scene of Property Damage and Leaving the Scene of Personal Injury. My client did not think he had struck another car, but the accident resulted in his license plate falling off. Investigating a hit and run, the police found the plate at the scene and called him, and he came right back 10-15 minutes later. The other driving had shoulder and neck pain but did not require an ambulance.

At the Clerk Magistrate’s hearing in September 2018, I was able to get the Personal Injury Charge dropped, the clerk issues a criminal complaint for leaving the scene of personal injury.

However, at the criminal pretrial we got the leaving the scene of property damage dismissed also upon proof of insurance payment to the other party.

March 2019

Charge: Negligent Operation of a Motor Vehicle

Newburyport District Court

Result: Dismissed

My client was issued a criminal citation for Negligent Operation of a Motor Vehicle after being seen doing donuts in a parking lot during a snowstorm. The officer determined that his actions were dangerous to nearby customers and workers clearing snow.

At the clerk magistrate’s hearing, we agreed it was a dumb and dangerous mistake. My client agreed to complete a safe driving course Alive at 25, and the criminal charge would be dismissed.

December 2018

Charge: Leaving the Scene of Property Damage

Waltham District Court

Result: Dismissed

My client was issued a criminal citation for Leaving the Scene of Property Damage in Waltham.

At the clerk magistrate’s hearing, I presented the facts that my client had a clean record, and the victim’s claim was paid. My client had a good job in biotech and wanted to keep his record clean.

The Clerk-Magistrate agreed to dismiss the case after 6 months of no further incidents.

Sept 2018

Charge: Possession of a Class B Substance

Roxbury District Court

Result: Dismissed

My client was issued a criminal citation for Possession of a Class B substance when police found him with methamphetamine during a medical response.

He was visiting from California where he lives. We were able to get the charge dismissed at the hearing, and the client was very happy to not have to return to Massachusetts for multiple court dates.

August 2018

Charge: Operating to Endanger

Hingham District Court Magistrates’ Hearing.

Result: Dismissed

My client was issued a criminal citation for Operating to Endanger. In a hearing at the Hingham District Court, I was able to settle the case with no criminal charge being issued. No criminal record or incident will appear on my client’s CORI background check.

August 2018

Charge: Operating to Endanger

Hingham District Court Magistrates’ Hearing.

Result: Dismissed

My client was issued a criminal citation for Operating to Endanger. In a hearing at the Hingham District Court, I was able to settle the case with no criminal charge being issued. No criminal record or incident will appear on my client’s CORI background check.

August 2018

Charge: Leaving the Scene of Property Damage

Cambridge District Court

Result: Dismissed

My client, a 71yr old woman with neck pain and limited mobility scraped a car on her way to a physical therapy appointment. She did not stop because she was worried about missing her appointment and planned to come back afterward and leave a note.

The claim was fully paid, and the clerk magistrate dismissed the charge.

August 2018

Charge: Leaving the Scene of Property Damage

Lawrence Court

Result: Dismissed

My client identified by license plate after sideswiping a car on the highway. She was issued a criminal citation for Hit and Run / Leaving the Scene.

My client had been extremely tired after working late and weaved lanes, and jerked back abruptly but did not think she had hit another car.

We made sure the victim’s insurance was paid for the scrape and the magistrate agreed to dismiss the criminal complaint after 3 months.

July 2018

Charge: Trespassing

Westborough District Court

Result: Dismissed

I represented 4 codefendants accused of trespassing. They were taking pictures of abandoned buildings on private property and someone called the police. They received citations for trespassing to appear at a clerk magistrates hearing.

I was able to convince the Clerk Magistrate to not issue a criminal complaint, as they were unlikely to be a continuing trespassing risk in the future.

I suggested they take their Instagram shots in public areas from now on.

June 2018

Charge: Operating and Unregistered Vehicle, Operating Uninsured Vehicle, Operating Unlicenced

Marlboro District Court

Result: Dismissed

My client received a criminal citation for operating a vehicle while uninsured, unregistered, and unlicenced.

At a clerk magistrate’s hearing at the Marlboro District court, I was able to work out a deal with no criminal charges in exchange for $200 in court costs, and all Registry issues resolved.

June 2018

Charge: Leaving the Scene of Property Damage

Lowell District Court

Result: Dismissed

My client received a criminal citation for a hit and run (Leaving the scene or property damage) out of the Lowell District Court.

He had no record, and as a tech worker from a foreign country, he was very worried about keeping his h1B1 visa was extremely concerned about keeping his records clean.

I was able to convince the Clerk to dismiss the charge.

May 2018

Charge: Leaving the Scene of Property Damage / Negligent Operation

Quincy District Court

Result: Dismissed

My client received a citation for a hit and run with property damage and negligent operation. of a motor vehicle. The police came upon a car that had crashed and airbags deployed, but no one was there.

We were able to get the clerk to not issue a criminal complaint, and the charges were dismissed after what was an unfortunate accident, not a crime.

May 2018

Charge: Leaving the Scene of Property Damage

Quincy District Court

Result: Dismissed

My client received a criminal citation for a hit and run (Leaving the scene or property damage).

At a clerk magistrate’s hearing in Quincy, I was able to secure a dismissal after 1 year and completion of 30 hours of community service.

April 2018

Charge: Operating to Endanger

Lawrence District Court

Result: Pre-trial Diversion – Valor Act. No Conviction or Record.

My client received a criminal citation for Operating to Endanger. At a Clerk Magistrate’s hearing, the Magistrate found sufficient probable cause to issue a criminal complaint.

However, at the arraignment, I was able to negotiate a pretrial diversion under the Valor act that is available to recent veterans.

Under the terms of the diversion program, my client will have no conviction on his record.

April 2018

Charge: Minor Possession of Alcohol

Dedham District Court

Result: Dismissed.

My client was issued a criminal citation to a juvenile hearing in front of a clerk magistrate in Dedham district court for being a minor in possession of alcohol.

The clerk agreed to dismiss the criminal charge if he stayed of out trouble for 6 months. As a result, he had no criminal record/record of arrest or a charge.

March 2018

Charge: Leaving the Scene of Property Damage

Clinton District Court

Result: Dismissed

My client hit a parked car in a school parking lot He was spotted on video and returned the next day where the license plate was identified. He was issued a citation for a hit and run.

The client also had a prior OUI n his record which made the case more complicated.

Nevertheless, at the Clerk Magistrate’s hearing, the Clerk agreed to dismiss the charge.

March 2018

Charge: Operating to Endanger

Plymouth District Court

Result: Dismissed after 6 months

My client was issued a summons to a criminal arraignment for the charge of operating a motor vehicle so as to endanger (aka reckless driving), after hitting a curb and blowing a tire going 45mph in a 25mph zone.

He had a clean record and no moving violations since 2011, and I was able to get the court to agree to dismiss the charges after 6 months.

January 2018

Charge: Negligent Operation of a Motor Vehicle.

Dedham District Court

Result: Dismissed after 3 months

My client was issued a citation to a clerk magistrate’s hearing for the charge of negligent operation (aka reckless driving). He was seen doing donuts in a parking lot that was covered in snow.

I argued to the clerk that he was a college-bound engineering student and there was no reason to saddle him with a criminal charge over a dumb student where no one was harmed. The Clerk agreed to dismiss the charges after 3 months.

January 2018

Charge: Possession of a Controlled Substance, Class B, Possession of alcohol under 21

SpringfieldDistrict Court

Result: Pre-trial probation

My client was charged with possession of a class b drug and alcohol when police were sent to his college dorm to investigate suspected drug use. The officers found cocaine and alcohol.

I was able to work out a deal for pre-trial probation, where my client would get an opportunity to aviold a criminal record.

November 2017

Charge: Leaving the Scene of Property Damage (Hit and Run)

Ayer District Court

Result: Dismissed

My client was accused of Leaving the Scene of an Accident and received a criminal citation. He was on probation and had a criminal record, and was concerned that this information would hurt him at the hearing. In addition, when the police located him to issue the citation, they noted that he had been consuming alcohol.

I represented him at a Clerk Magistrates hearing in the Ayer District Court. We made sure to go to the hearing fully prepared and provided the Clerk with documentation to prove that the victim’s damage was fully paid by my client’s insurance, so there was no need to proceed with a criminal case against my client. The Clerk Magistrate agreed to dismiss the case.

November 2017

Charge: Driving to Endanger (Reckless driving)

Brockton District Court

Result: Dismissed

My client was given a criminal citation for driving to endanger after being clocked at 97mph in a 65.

I representing him at a Clerk Magistrate’s hearing in the Brockton District Court. Because he had a relatively clean driving record, I got the clerk to agree to dismiss the charges in exchange for taking an online driving safety course. The incident will not appear on his record.

November 2017

Charge: Shoplifting

Holyoke District Court

Result: Dismissed

I represented two women accused of shoplifting at several stores at the holyoke mall, including forever 21, and target. The facts of the case were not great. They had wrapped tinfoil around anti-theft devices which suggested planning and intent.

However, the clerk magistrate agreed to dismiss the charges in both cases if the women would write a paper saying why they did what they did, and what they are planning on doing with their lives.

This incident will not appear on future criminal background checks.

June 2017

Charge: Leaving the Scene of Property Damage (Hit and Run)

Belchertown District Court

Result: Pretrial Diversion

Our client, a 21 year old male, was charged with Leaving the Scene when his car was found to have corresponding damage to another vehicle in a college campus parking lot. A witness had also come forward to say that he saw our client driving the car when he backed up and hit another parked vehicle.

The client hired local counsel to represent him at the Clerk Magistrate hearing and lost. Very disappointed with the first attorney’s poor performance, the client then hired us.

Our attorney appeared at the arraignment and requested the client be put on diversion from prosecution. The judge allowed the attorney’s request, over the objection from the Commonwealth.

This means that the client will never need to take responsibility for the offense, and it will be dismissed after a very short term of probation. There was no admission so the case can never be used against the client in the future.

June 2017

Charge: Assault and Battery, ABDW, Intimidation of a Witness, Malicious Dest. Prop. Over $250

Dudley District Court

Result: Dismissed

Our client, a 36 year old male, was charged with Assault & Battery with a Dangerous Weapon, and a host of other felony charges after beating a man and sending him to the hospital. The fight started when the victim and his live-in girlfriend were arguing and the victim threatened the life of his girlfriend. The girlfriend text our client, who arrived at the apartment to see what was going on. When our client arrived, he was attacked by the victim.

We worked on the case from the arraignment to resolution, which took over a year. The victim was very cooperative with the prosecution and was demanding jail time for our client. The prosecutors were amenable to seeking jail time based on the severe injuries sustained in the beating. We responded by filing criminal charges against the victim for assault and battery. We also spoke to the girlfriend who gave a statement that the victim was the one who started the fight.

Through discovery, he also found a police report from a prior incident that the victim had attacked his client, but the client chose not to press charges.

Facing prosecution of his own, the victim was forced to give up on the case against our client, and invoke his 5th Amendment rights. Without the testimony of the victim, and mounting evidence supporting a claim of self defense, the prosecution dismissed the case against our client.

May 2017

Charge: Leaving the Scene of Property Damage

Chelsea District Court

Result: Dismissed on $250 fine

Our client, a 28 year old salesman, was facing a leaving the scene of property damage charge after a uniformed off duty police officer saw him back into another car and then run from the scene. The police report described our client backing quickly out of a space in a parking lot, striking another car, pulling back into his spot, and then grabbing a backpack and running into the building while the officer was yelling for him to stop.

Attorney Griffiths appeared at the Clerk Magistrate’s Hearing in Chelsea District Court and argued that while the police report sounded bad, there was an explanation for the client’s behavior. She presented evidence that the client had been hospitalized earlier in the day for a severe allergic reaction and that at the time of the incident he was experiencing a residual allergic reaction.

What appeared to be a young man fleeing police was actually a disoriented man in the throes of a medical emergency trying to get to a safe place and administer his epi pen. The clerk credited our argument, and dismissed the matter on $250 fine.

May 2017

Charge: Record Seal after Sexual Conduct for a Fee Dismissed

Westborough District Court

Result: Sealed

Our client, a 46 year old professional, requested our services for a second time in order to seal a recent CWOF for Sexual Conduct for a Fee that we had helped him resolve.

Mere days after the case was dismissed, Attorney Griffiths prepared and filed a petition to seal along with a supporting affidavit.

At the hearing, Attorney Griffiths argued that our client’s record could have a negative effect not only on him and his employment, but also his family who had already been through a lot and had worked to forgive him. The judge agreed and sealed the record.

Now our client can move forward with his life, not worry about his employment being interrupted, and can participate in school events and volunteer opportunities with his family.

May 2017

Charge: Assault and Battery

Quincy District Court

Result: Dismissed

Our client, a 49 year old male, was charged with Assault and Battery when the 24 year old son of one of his employees walked into his place of business and started a fight. The 24 year old suffered the worst from the scuffle and required several stitches. The client represented himself at the Clerk Magistrate’s hearing in Quincy and was actually successful in defending himself to the Clerk.

The alleged victim, however, appealed the Clerk’s decision to a Judge, and the Judge found probable cause and issued the criminal complaint. We were retained the handle the case. We worked closely with the client, and the victim’s family, as the parents of the victim supported our client in this case. Their son had several developmental and behavioral issues that caused him to get violent when frustrated. This, combined with the young man’s sheer size (6’6″ and 235 lbs.) made him potentially dangerous.

Over the course of three court appearances, we were able to negotiate with the district attorney’s office. We were able to convince the prosecutors to dismiss the case outright, without any probation or fees – allowing the client to avoid the time and cost of going to trial, in a situation where the client was clearly innocent.

May 2017

Charge: Leaving the Scene of an Accident

Brookline District Court

Result: Filed, to be dismissed in 6 Months

Our client, a 41 year old male was charged with leaving the scene of an accident when he allegedly grazed another vehicle parked along the road as he came home from dinner following a Red Sox game. The other vehicle gave chase and took pictures of our clients car. When the other driver reported the incident to police she claimed, without having spoken to our client, that the other driver “appeared to have been drinking.”

The client contacted us as the police began contacting him for questioning, and immediately offered help. We were involved in every aspect of the case, from gathering evidence to speaking to insurance adjusters. It was through this process that it was learned that it was likely that the damage done to the alleged victim’s vehicle was not done by our client’s car.

We presented pictures of all the insurance adjustments at the hearing, along with letters from the client’s insurance company giving their assessment of the accident and how, as reported, the damage could not have come from the client’s vehicle (which did not have any damage).

We requested that the complaint not issue at this time, and the Clerk begrudgingly allowed the request.

May 2017

Charge: Extortion

Stoughton District Court

Result: Filed, to be dismissed in 1 Year

Our client, a 31 year old male was charged with extortion when he drunkenly demanded nude photos of a woman he did not know via Instagram. Our client had found several topless pictures of the woman on the internet already and was attempting to use the old pictures as leverage to acquire new ones. If the woman refused to forward new pictures the client threatened to send these old pictures to friends.

We handled the case from the beginning, working with the client to understand what had happened and fashion a defense. Being a felony, if the complaint issued the client would lose his job, regardless of how the case ultimately ended.

In speaking to the client, it was clear alcohol had played a big role in the client’s decision making, a problem the client developed after he returned from active duty with the Army. We agreed that he would get counseling for alcohol abuse before the hearing. We also reached out to the police prosecutor before the hearing to discuss the case and to understand the department’s exact concerns and how best to address them.

At the hearing we presented evidence of his client’s outstanding contributions to the community, including his honorable service and discharge and the myriad awards he had been granted in civilian life for his dedication to his community, specifically homeless veterans. We also had a witness available who could testify to his client’s state on the evening of the incident, and to the degree of his intoxication, arguing that were it not for substance abuse this event never would have occurred.

We then assured the Court that his client was already taking steps to remedy his issues with alcohol, and was actively seeking counseling. The Clerk was begrudgingly swayed by the argument and did not issue the complaint. He filed the matter for 12 months, but on the one condition that the victim, who was not present, be informed and satisfied by this outcome. If she were not satisfied then all parties, woman included, would come back for another hearing.

Inevitably, the woman was not satisfied with the outcome of the hearing. We appeared again, this time having the client supply a letter from his counselor and having the client himself provide a carefully written letter of apology.

With the woman present we were able to settle her concerns, aided a great deal by his client’s letter of apology. Having had the opportunity to have her own concerns heard, and getting the apology she deserved from the client, the woman agreed to have the complaint filed for a number of months.

The client’s record would remain clean, he would receive the help he needed, and he would get to keep his job.

May 2017

Charge: Leaving the Scene of Property Damage

Clinton District Court

Result: Filed, to be dismissed in 6 months

Our client, a 46 year old consultant in the computer industry, was charged with Leaving the Scene of Property Damage after he fled the scene of an accident.

According to the police report, our client became upset after another driver jumped the order at a four way stop so he laid on the horn. When the other driver then stopped, our client tried to drive around him, hit him, and then fled the scene.

Attorney Griffiths appeared at the Clerk Magistrate’s hearing, and used our client’s clean criminal and driving records to argue that this was a one time mistake, and that a criminal complaint could put our client’s ability to support his family at risk.

The Clerk acknowledged her argument and filed the matter for 6 months. Now our client can continue to support his family financially and otherwise without the risk of the collateral consequences that come with a criminal record.

May 2017

Charge: Indecent Assault and Battery

Brockton District Court

Result: Found Not Guilty at Jury Trial

Our client, a 30 year old asylum seeker from Pakistan who worked at a convenience store, was charged with Indecent Assault & Battery after his 60-year old landlord accused him of sexually assaulting her.

Our client insisted on his innocence, countering that his landlord was making the charge up to have him evicted, which he would have been as a result of this charge. Concerned that such a criminal charge could negatively affect citizenship status and leave him in jail or deported, hired our firm to represent him.

Attorney Bullen took the case and began to negotiate with the District Attorney’s Office. Soon became clear there would be no resolving the case short of trial, so our client and Attorney Bullen presented their case to a Brockton jury.

The Commonwealth introduced dozens of photographs and the testimony of three law enforcement and civilian witnesses, including the alleged victim himself. Our client testified as well, and after hearing both sides the jury found our client Not Guilty.

Relieved, our client walked out of court that day with a clean record and without the threat of jail or deportation.

April 2017

Charge: Larceny under $250

Falmouth Municipal District Court

Result: Dismissed on court costs

Our client, a 47 year old male was charged with larceny when he absentmindedly walked out of a grocery store without paying to take a phone call. The client had just been let go from his job two days before and the phone call pertained to a job opportunity. When the call came in he just walked passed the registers with his cart and sat down on a bench to take the call.

When security approached him the client profusely apologized and offered to pay for everything but they elected to call the police instead. Making matters worse, this is usually the type of situation where police do not bother to arrest suspects, choosing instead to write citations and allowing suspects the opportunity to get a clerk magistrate’s hearing. Here, however, the police chose to arrest the client, denying him that right.

Attorney Stacey handled the matter. Attorney Stacey was able to advance the case so that it could be resolved much sooner, and convinced the prosecutor to just dismiss the case entirely without having the client do any term of probation.

April 2017

Charge: Larceny over $250

Boston Municipal District Court

Result: Dismissed

Our client, a 19 year old female was charged with felony larceny after pocketing several items at Sephora. Making matters worse was when security at the store checked the client’s purse they found other items she had stolen previously. The total cost of all the merchandise was about $500.

The client was especially susceptible to this charge because the client was a noncitizen student at a local university. If the charges issued she would likely be deported immediately.

Attorney Stacey represented the client at the hearing and explained what was at stake for his client. He noted that the store retained all the merchandise and did not actually experience any loss. Attorney Stacey argued that given his client’s age, and this being her first offense, she should be given a second chance. The Clerk was willing to do this and did not issue the complaint.

The client’s record will not reflect that this incident ever happened, nor will she ever have immigration consequences as a result of this case.

April 2017

Charge: Leaving the Scene of an Accident

Quincy District Court

Result: Dismissed

Our client, a 48 year old male was charged with leaving the scene of an accident when he hit multiple cars leaving a parking garage and broke through the meter stall gate causing many thousands in damage. Police found the client a short time later on the side of the highway close by when his vehicle finally broke down due to the damage. When police arrived the client was barely responsive and required medical attention.

Attorney Stacey handled the case, working with the client leading up to the Clerk Magistrate’s hearing in Quincy getting necessary medical documentation in order. The client is a diabetic who uses a monitor that had malfunctioned and did not notify him when his blood sugar went dangerously low. Due to his medical emergency the client did not even recall much of the accident.

At the hearing,  Attorney Stacey explained that the incident was caused by several factors, including the fact that the client had recently lost weight and maintains an active lifestyle. Given the weight loss, the client’s dosage of insulin was not entirely adequate. Combined with the malfunctioning monitor, not warning the client that his blood sugar was low, the accident resulted.

Attorney Stacey stated that since the client was not actually in control of his actions due to the medical emergency he could not be criminally responsible for having left the scene of the accident. The clerk agreed and dismissed the case.

April 2017

Charge: Poss. Class D, Minor Poss. Alcohol, Open Container

Winchendon District Court

Result: To Be Dismissed After 5 Months

Our client, a 20 year old male was charged with Possession of Marijuana (3 oz.) and being a minor in possession of alcohol when he was pulled over for speeding while returning to college one night. What should have been a typical traffic stop escalated when the state trooper thought he saw our client reaching for something while he was pulling off onto the shoulder.

The trooper, fearing for his safety, ordered the client out of the car and searched him and the car for weapons. When he searched the car he found a backpack in the front seat containing a 3oz. bag of marijuana and two opened bottles of liquor. The trooper decided not to arrest our client, instead cited him and sent him on his way.

Attorney Stacey appeared at the Clerk Magistrate’s hearing and presented evidence of the young man’s good character. In the weeks leading up to the hearing Attorney Stacey had been in contact with both the client and his family gather useful information. Attorney Stacey presented it at the hearing and argued this should be a learning experience and not the start of a permanent criminal record. Attorney Stacey asked that the matter be held open for a few months until the client turn 21 (when simple possession of these items would be legal), and the Clerk obliged.

April 2017

Charge: OUI Liquor 2nd offense, Operating to Endanger

Falmouth District Court

Result: CWOF 1 year

Our client, a 52 year old male was charged with a 2nd offense OUI after getting into a serious accident coming home from a work function. The client had sustained a head injury during the accident and did not remember much surrounding the accident. Police had found the car in a wooded area off the road, and the client lying in the street a mile away. The client had the keys in his pocket and allowed his blood to be tested by EMTs.

Attorney Stacey worked on the case before charges issued, allowing the client a great deal of control over the situation. Further, since it had been almost 25 years since the client’s first offense, Attorney Stacey appeared at the Falmouth District Court was able to negotiate the latest offense be treated as a first. This dramatically cut down on the time the client would spend on probation, and the loss of license went from two years down to only 45 days.

In addition to the operating to endanger charge being dropped completely, Attorney Stacey was even able to convince the judge to grant the client a Continuance Without a Finding on the second offense, which means that after probation is completed the case will be dismissed and the client’s record is still considered clean.

April 2017

Charge: OUI Liquor

Lawrence District Court

Result: Not Guilty

Our client, a 27 year old male was charged with OUI Liquor after he crashed his car on the highway coming home from a friend’s house late one night. The client had lost control of his car and collided with the guardrail, taking out seven sections of guardrail. All airbags deployed, but the client was uninjured.

When police arrived, they noticed an odor of alcohol coming from our client, his eyes were bloodshot and glassy, and he was unsteady on his feet. The client refused medical attention by EMS and became combative when police began questioning him about field sobriety tests. He was placed under arrest and taken to the local barracks for booking.

Throughout his booking, the officer remarked that the client acted in an odd manner. The client was offered the chemical breath test which he agreed to do. The client attempted the test a number of times but was never able to complete the test with two viable samples. He did provide one sample that read .13, but did not give a second sample to complete the test. He was then picked up by his father, who had also been at the scene for his arrest, who took him home. The next morning, the client complained of several injuries sustained from the crash and was taken to the hospital for treatment.

Attorney Stacey handled this client’s case from inception, from arraignment through to trial. At trial, Attorney Stacey created doubt surrounding when the officer smelled any odor of alcohol, and from who on the scene that odor was coming from. He also pointed out the severity of the accident involved and potential injuries a person could sustain from such an accident, forcing the officer to agree that his own observations of the client could have been due to injuries rather than drunkenness.

Before he presented his own case, Attorney Stacey was able to keep out any mention of the .13 BAC sample from the breadth test so the jury never heard about it. Finally, Attorney Stacey presented evidence through the client’s father about the accident, the client’s injuries, and a description of the client’s mental health to lend context to the “strange” behavior noted by the officer during booking. During closing arguments Attorney Stacey asked the jury to weigh all the evidence and to consider the prosecutor’s burden of proving their case beyond a reasonable doubt – if there was any reasonable explanation for the accident other than alcohol then they were required by law to find the client not guilty.

When the case was turned over to the jury, they unanimously found our client Not Guilty of OUI Liquor.

April 2017

Charge: Leaving the Scene of Property Damage

Concord District Court

Result: Filed for 4 months, to be dismissed

Our client, a retiree, was charged with Leaving the Scene of Property Damage after it was alleged that he hit another car during a roadrage incident. The police report indicated that a man had walked into a police department claiming that a vehicle bearing plates registered to our client had cut him off and rammed his vehicle.

Attorney Griffiths appeared at the hearing and presented photos of our client’s vehicle showing that there was no damage. The police officer argued in response that no person would go out of their way to report an accident that never happened. The Clerk gave our client the benefit of the doubt and filed the matter for 4 months.

Now our client can go back to living the retired life in Florida, and does not have to worry about dealing with a criminal charge here in Massachusetts.

April 2017

Charge: OUI

Palmer District Court

Result: Found Not Guilty at Jury Trial

Our client, a 28 year old mother of two, was charged with Operating Under the Influence of Intoxicating Liquor when she was stopped for speeding after leaving a friend’s house at night. While she admitted to drinking that night, she was not in a position to accept the criminal and driver’s license consequences of an admission to such a charge. As a result, our client decided to go to trial.

After retaining our services, she was represented by Attorney Bullen at trial. Through effective cross examination of two police officers who testified that our client seemed drunk and argumentative, Attorney Bullen was able to produce evidence that our client’s driving and behavior were not so erratic as was implied at trial.

The jury agreed, and after only thirty minutes, found our client not guilty. Her license was reinstated and neither an admission or conviction was entered on her record.

April 2017

Charge: Shoplifting

Dudley District Court

Result: 1 year file, to be dismissed.

Our client, a 24 year old program manager, was charged with shoplifting after he walked out of a Walmart with $40 worth of merchandise. The police report revealed that he had removed a phone charger from its packaging, concealed it in his pocket, and walked out.

Attorney Griffiths appeared with the client at the Clerk Magistrate’s hearing, and presented his clean record, solid employment, and a certificate of completion from the NASP (National Association for Shoplifting Prevention) course as evidence that this behavior is not in the client’s character and that he had learned from his mistake.

The Clerk accepted Attorney Griffiths’ argument and filed the case for 1 year. Now our client can move forward with his life without the encumbrance of a criminal record.

April 2017

Charge: Operating to Endanger

Woburn District Court

Result: 6 month file, 20 Hours Community Service, Alive at 25 Driving Course

Our client, an 18 year old high school, was charged with operating to endanger after he crashed into a telephone pole causing the pole to fall down and resulting in significant power outages in the area. An investigation by police revealed that our client had been texting prior to the accident.

Attorney Griffiths appeared at the Clerk Magistrate’s Hearing, and argued that this event amounted to a mistake made by a young kid, and that to give him a criminal record at this stage in life would be a great disservice to his future. She presented letters of recommendation, proof of college admission and a scholarship offer as well as the client’s report card and enrollment in the Alive at 25 driving course in an effort to convince the clerk that the client deserved a second chance.   

The clerk accepted attorney Griffiths’ argument, filed the case for 6 months,  and ordered 20 hours of community service. Client will now be able to finish high school and start college with a clean slate.

March 2017

Charges: OUI with Child Endangerment, Resisting Arrest

Wareham District Court

Result: Dismissed

Our client, a 44 year old nurse, was charged with OUI Child Endangerment and Resisting Arrest after another parent at her child’s school called police claiming that she had arrived at the end of day pickup intoxicated. After a convoluted investigation involving two visits to our client’s home and a civil section (being sent to the hospital for her own protection) due to intoxication and erratic behavior, our client received a citation seeking charges for OUI with child endangerment and resisting arrest.

Attorney Griffiths appeared at the Clerk Magistrate’s hearing and argued that probable cause did not exist to support the charge of OUI because officers had investigated the allegations immediately after the call and had left the client’s house having determined that she was not under the influence.

With no breath test, no field sobriety tests, and no officer observations suggesting intoxication, the court would have to rely on the statement of the civilian parent and discount the police investigation. Attorney Griffiths further argued that our client had worked hard to resolve the issues that lead to the second visit by police, and had been attending intensive outpatient treatment for alcohol as well as regular therapy sessions.

The clerk agreed that there was no probable cause to support the OUI charge, and dismissed the resisting arrest charge on the condition that our client write a letter of apology to the officers who were involved. Our client was able to get her license back, return to work, and has avoided having a very serious charge on her criminal record.

March 2017

Charge: Malicious Destruction of Property, Over $250

Malden District Court

Result: Dismissed

Our client, a 49 year old male was charged with felony destruction of property after he slashed the tires of a stranger after a heated exchange coming out of a bar. The client was particularly nervous because he was active-duty military who was about to deploy.

If a felony charge issued against him for something that was an obvious mistake that he deeply regretted he would lose his career. Attorney Stacey handled the case, moving the hearing date so that the client could get leave from base to appear.

At the hearing Attorney Stacey contended with an active victim who wanted the charges to issue, but was able to convince the Clerk that everyone was best served by allowing his client to pay for the damage done with an apology and having his client deploy as originally intended.

The Clerk agreed and ordered full restitution to the victim and dismissed the case. The charge will never appear on the client’s record.

March 2017

Charge: Leaving the Scene of Property Damage

Worcester District Court

Result: Dismissed

Our client, a 28 year old healthcare worker, was charged with Leaving the Scene of Property Damage after a car accident. Her car had struck another car, angering the passengers inside, and despite the fact that our client stopped a few yards down the road, she was still criminally charged.

She retained our services and was accompanied at her arraignment by Attorney Bullen. Attorney Bullen was able to speak with the prosecutor and provide evidence that insurance had covered all costs of the damage to the other driver’s car.

Once the prosecutor was able to confirm this with the other driver, our client’s case was dismissed and her clean record preserved.

March 2017

Charge: Vandalism

Chelsea District Court

Result: Dismissed

Our client, a 25 year old graphic designer, was charged with vandalism after he and a friend were caught by police spray painting the side of a building. Despite the fact that our client believed he had been granted permission to paint a mural that he had designed himself, the police still charged him and summonsed him to a clerk magistrate’s hearing.

After retaining our firm’s services, our client was accompanied at his hearing at the Chelsea District Court by Attorney Bullen. Attorney Bullen presented evidence to the clerk that our client did not intend to vandalize anything, but was in fact a trained graphic artist in the process of beautifying a condemned building with a civil rights movement-inspired mural.

After seeing this evidence, the clerk declined to issue the complaint and let our client off with a warning, preserving his clean record.

—

2016 case wins.

2015 case wins.

2014 case wins here.

2013 and and Older case wins here.

—

All cases are different, so just because I’ve beaten a case that sounds similar to yours doesn’t mean I can guarantee the same result.

But, experience counts. I’ve been there before, I know how to win cases, what will work, and what won’t work.

If you are charged with a crime, give me a call, and let me talk to you about your exact situation. I’ll let you know exactly what I think I can do for you.

The Law Offices of Russell J Matson, PC
115 Plain St.
Braintree, MA 02184