2009 Cases

Boston Municipal Court
Dorchester Division

Possession with Intent to Distribute

The defendant is charged with possession with intent to distribute illegal narcotics.  The government alleged the police were surveilling the defendant’s residence for drug activity.  The police observe two separate people enter the residence and exit a short time later.  Both individuals are stopped by police and in possession of narcotics.  Both state they just purchased the drugs from a man inside the house.  Police approach the house and enter without a search warrant.  Certain drugs and drug paraphernalia is seized from the residence.  Attorney Miller files a motion to suppress.

Result:  After hearing, Motion to suppress is ALLOWED.  Case dismissed.

Boston Municipal Court
Dorchester Division

Attempt to Commit a Crime

The defendant is charged with attempt to commit a crime.  The government alleged they received a call from a citizen in the Dorchester section of Boston.  The citizen reported hearing her car alarm sounding.  When she looked out the window, she observed the defendant about 10-15 feet from her car.  Attorney Miller files a motion to dismiss stating insufficient probable cause to charge the defendant.

Result:  After hearing, motion to dismiss ALLOWED.  Case dismissed.

Boston Muncipal Court
East Boston Division

Possession of an Infernal Machine

The defendant is charged with two felonies, possession of an infernal machine and introducing a firearm into a security area of an airport.  The government alleged the defendant was in possession of the items referenced above.  Attorney Miller researches the law and discovers an intricacy in the statute favoring the defendant.  Attorney Miller conferences the case with prosecutor and convinces to dismiss the felony charges.  Prosecutor amends complaint to possession of fireworks, a misdemeanor offense.

Result:  Defendant admits to sufficient facts, case dismissed after one year.

Boston Municipal Court
Central Division

Felony Assault & Battery by Means of a Dangerous Weapon

The defendant is charged with felony assault and battery with a dangerous weapon and assault and battery.  The government alleged the defendant was the perpetrator of a stabbing in a mele outside a local nightclub.  The defendant and four co-defendants stood accused of the crime.  Attorney Miller prepares for trial.

Result:  Jury finds defendant NOT GUILTY on all counts.

Chelsea District Court

Possession of Class C Substance

The defendant is charged with possession of a Class C substance.  The government alleged a police officer observed the defendant and his co-defendant sitting inside a parked car.  When the officer approached, the defendant bent down toward the floor.  The officer ordered the defendant from the car, searched him and the car and seized narcotics.  Attorney Miller files a motion to suppress.

Result:  After hearing, Motion to suppress is ALLOWED.  Case dismissed.

Chelsea District Court

Possession of Marijuana

The defendant was charged with simple possession of marijuana.  The date of offense was a few months before the decriminalization of possession of less than one ounce of marijuana.  Attorney Miller files a motion to treat the offense as a civil infraction as permitted under Mass. Gen. Laws. ch. 277, § 70C.

Result:  Judge allows motion, converts to civil offense, fines defendant $100.

Plymouth District Court
Clerk’s Hearing

The Client is a petite female who was summonsed for a clerk’s-hearing.  The police prosecutor represented the alleged victim, the client’s boyfriend, who alleged the client had gotten into an altercation with him.  Attorney Miller calls a witness who testifies the relationship between the two was deteriorating and nearing an end.  The alleged victim was under the influence at the time of the incident.  Attorney Miller convinces the clerk-magistrate not to issue a criminal complaint.

Result:  No Complaint issues, no criminal record.

Chelsea District Court

Felony Witness Intimidation

The defendant was charged with felony witness intimidation.  The government alleged the defendant threatened an acquaintance and warned him against testifying in an upcoming child custody hearing.  Attorney Miller researches the statute and files a motion to dismiss.  Attorney Miller argues the statute only applies to interference with a criminal proceeding.  Child custody proceedings occur in the probate court.

Result:  After hearing, Motion to dismiss ALLOWED.

Chelsea District Court

Carrying a Dangerous Weapon

The defendant is charged with multiple counts including possession of illegal narcotics and carrying a dangerous weapon.  The government alleged a police officer observed the defendant’s car to have an invalid inspection sticker.  The officer stopped the car and seized a variety of illegal contraband.  Attorney Miller files a motion to suppress challenging the scope of the search.

Result:  After hearing, Motion to suppress ALLOWED in part.  On remaining counts, client admits to sufficient facts and avoids conviction.

Wrentham District Court
Clerk’s Hearing

Felony Assault & Battery

The police sought to charge the client with felony assault and battery with a dangerous weapon.  The government alleged the defendant was engaged in a fight with his sister and struck her with a rolling pin type object.  Attorney Miller represents client at clerk’s hearing and convinces the clerk not to issue a criminal complaint.

Result:  Application for criminal complaint denied.  No complaint issues. 

Chelsea District Court

Sex for Fee

The defendant is charged with multiple counts of sex for fee.  The government alleged the defendant engaged in sexual conduct and was provided a fee for her services.  Attorney Miller investigates case and finds the defendant was forced into her conduct by her partner.  The partner had beaten her when she did not comply.  Attorney Miller prepares Stockholm Syndrome defense and prepares for trial.

Result:  Prosecutor enters a Nolle Prosequi and ends prosecution of client.

Boston Municipal Court
Dorchester Division

OUI, Liquor

The defendant is charged with operating under the influence of liquor.  The government alleged the defendant was stopped at a sobriety checkpoint.  Police smelled to odor of alcohol and observed the defendant to have bloodshot and glassy eyes.  The defendant performed field sobriety tests and, according to the officer, failed the tests.  Attorney Miller files a motion to suppress.  On the day of the hearing, the police witness does not appear after being properly summonsed.  Attorney Miller moves to dismiss.

Result:  Motion to dismiss ALLOWED over the objection of the prosecutor.

Chelsea District Court

Aggravated Assault & Battery

The defendant is charged with felony aggravated assault and battery.  The government alleged the defendant punched the alleged victim in the face twice.  The aggravating factor was an active restraining order.  EMT’s and police respond and observe the alleged victim with a bloody nose.  Attorney Miller prepares for trial.  At trial, the alleged victim testifies the defendant punched her in the face twice.

Result:  Jury finds defendant NOT GUILTY on all counts.

Boston Municipal Court
Dorchester Division

Possession with Intent to Distribute Marijuana in School Zone

The defendant is charged with possession of a class D substance with intent to distribute, within 1000 feet of a school and possession of class D.  The government alleged they responded to a domestic violence call.  The caller informed police the defendant, an old boyfriend, was sitting in front of her house in a car.  The caller provided a description of the car and informed police he may have a gun.  Upon arrival, the police remove the defendant from the car and search the car for weapons.  During the search the police seize four pounds of marijuana.  Attorney Miller prepares for trial.

Result:  Jury finds defendant NOT GUILTY of possession with intent and school zone violation.  Jury finds defendant guilty of simple possession of marijuana.

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