2010 Cases

Boston Municipal Court
Central Division

The defendant is charged with possession of burglarious tools and trespass.  At arraignment, defense counsel orally moves to preserve videotape evidence from parking garage where alleged incident occurred.  Arraignment Judge allows the motion.  The government fails to notify the parking garage and video evidence is lost.  Attorney Miller files a motion to dismiss based on the government’s failure to preserve the video.  The motion Judge denies motion to dismiss.  Attorney Miller styles motion to reflect an option for the Judge to exclude any references to the any observations that may have been preserved on the video.  The motion Judge ALLOWS the alternative relief.

Result:  Government moves to dismiss possession of burglarious tools.

Chelsea District Court

The defendant is charged with Assault and battery on a police officer, Assault and battery by means of a dangerous weapon; to wit: beer bottle and disorderly conduct.  The government alleged the police responded to a house party with excessive noise.  When police arrived, they observed some 50 party-goers inside the residence.  Police noted that many appeared to be underage and were drinking alcohol.  The defendant was one of the numerous people in the apartment.  The police enter and an altercation ensues with one of the residents of the apartment.  Police officers deploy a TASER against the co-defendant.  Police alleged the defendant threw a 40 ounce beer bottle which stuck a police officer in the head.  Attorney Miller investigates and interviews percipient witnesses. One witness took photos from a cellphone camera during the incident.  Attorney Miller provides copies of the photos to the government and prepares for trial.

Result:  On day of trial, felony counts dismissed and government offers pretrial probation on the remaining counts.  No admission. 

Boston Municipal Court
Central Division

The defendant is charged with leaving the scene of property damage.  The government alleged the defendant backed into another car and left without making himself known.  Attorney Miller files discovery motion seeking disclosure of damage.  The government does not provide any information.  Attorney Miller prepares for trial.

Result:  On the day of trial, case dismissed.

Boston Municipal Court
Central Division

The defendant is charged with domestic assault and battery.  The government alleged the defendant engaged in a physical altercation with his wife.  Attorney Miller investigates and prepares for trial.

Result:  On the day of trial, the alleged victim asserts her marital privilege.   Case dismissed.

Chelsea District Court

The defendant is charged with soliciting sex for a fee.  The government alleged police observed the defendant enter a car.  This occurred in an area known for prostitution.  After the defendant exited the car, the police stopped the car.  The “John” stated the defendant asked him for a ride and offered him oral sex.  Attorney Miller files a motion to dismiss based on fact no offer was made for money.

Result:  Government concedes the motion and dismisses the case.

Boston Municipal Court
Central Division

The defendant is charged with failure to register as a sex offender.  The government alleged the defendant, a homeless man, failed to timely register as a sex offender as is required by statute.  Attorney Miller researches the discovery materials and prepares for trial.  Trial preparation involved several motions in limine on unique evidentiary issues.

Result:  On the day of trial, prosecutor moves to dismiss case.

Boston Municipal Court
Central Division

The defendant is charged with using a false name to provide a driver’s license.  The government alleged the defendant had provided a false name to the Registry of Motor Vehicles for the purpose of obtaining a driver’s license.  Attorney Miller conferences with prosecutor who refuses to dismiss based on double jeopardy.  Attorney Miller files motion to dismiss.

Result:  On the day of motion, prosecutor concedes the motion to dismiss.  Case dismissed.

Chelsea District Court

The defendant is charged with indecent assault and battery.  The government alleged the defendant, a man in his 50’s, inappropriately touched a woman in her 20’s.  Attorney Miller investigates the case and interviews several witnesses.  Attorney Miller prepares for trial.

Result:  On the day of trial, case dismissed.

Chelsea District Court

The defendant is charged with indecent assault and battery.  The government alleged the defendant picked up the alleged victim while driving a cab.  The government alleged the defendant took the alleged victim to a secluded area and sexually assaulted her.  Attorney Miller investigates the case and prepares for trial.

Result:  On the day of trial, case dismissed.

Wrentham District Court
Clerk’s Hearing

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. 

Boston Municipal Court
Central Division
Clerk’s Hearing

The police sought to charge the client with assault and battery.  The government alleged the client, a 6’4” man, struck a petite female during an altercation in a nightclub. On the night of the incident, the police charged the girl with assault and battery and resisting arrest.  Attorney Miller represents client at clerk’s hearing.

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

Boston Municipal Court
Central Division

The defendant is charged with felony possession of a firearm.  The government alleged the defendant was the owner and the driver of a car stopped by police.  Six other people were in the car at the time of the stop. The gun was located under the driver’s seat.  Attorney Miller files a motion to dismiss and motion to suppress.  After hearing both motions are denied.  Attorney Miller prepares for trial.

Result:  Jury finds defendant NOT GUILTY on all counts.

Boston Municipal Court
Central Division

The defendant is charged with felony breaking and entering and felony possession of burglarious tools.  The government alleged an eyewitness observed the defendant enter an apartment building.  The police alleged they observed the defendant’s subsequent movements inside the building on a surveillance video.  Attorney Miller files a discovery motion for disclosure of the video.  The prosecutor provides a number of still photos but no video.  Attorney Miller files a motion to dismiss based on false information in the police report that could be documented.

Result:  Prosecutor concedes the motion and moves to dismiss the case.

Woburn District Court
Clerk’s Hearing

The client police apply for a criminal complaint against the client alleging he is unlawfully in possession of a Class B substance.  The police alleged the seized a pill from a prescription bottle in the center console of the client’s car.  Attorney Miller argues the drug is not illegal if the client had a valid prescription.

Result:  Application for criminal complaint DENIED, no criminal record for client.

Boston Muncipal Court
Dorchester Division

The defendant is charged with two counts of assault and battery on a police officer.  The government alleged police officers were conducting surveillance of a bar in Dorchester known for drug activity.  Officers observe the defendant exit a cab, walk into the bar and return to the waiting cab a short time later.  Believing this conduct to be consistent with drug sale or purchase, the police effect a stop of the cab.  Police approach the cab and allege the passenger, the defendant, was attempting to swallow something.  A struggle ensued and the defendant was severely beaten.  The defendant was treated for his injuries at the hospital.  Attorney Miller investigates the case and prepares for trial.

Result:  On the day of trial, the prosecutor recommends pretrial probation.  (this is a very unusual disposition for an Assault and battery on a police officer case)

Chelsea District Court

The defendant is charged with distribution of a Class A substance and doing so within 1000 feet of a school.  The government alleged police agents were involved in an undercover operation for several months.  On the day of the arrest, the defendant allegedly distributed a drug to another person who in turn transferred the drug to an undercover officer.  Attorney Miller investigates the case and finds the school is no longer operable.  Attorney Miller files a motion to dismiss the school zone count.  The motion Judge ALLOWS the motion.  Attorney Miller files a motion to suppress.  After multiple motion dates the prosecutor requests another continuance. Attorney Miller objects.

Result:  Case dismissed with prejudice.

Boston Municipal Court
Dorchester Division

The defendant is charged with indecent assault and battery.  The government alleges the defendant and his twin brother inappropriately touched a young lady in their bedroom.  The case presented many interesting issues.  Attorney Miller and co-counsel work diligently with prosecutor to resolve the case.

Result:  Pretrial probation, no admission.

Boston Municipal Court
Central Division

The defendant is charged with leaving the scene of property damage and negligent operation.  The defendant was not arrested at the scene.  The police sent the defendant a summons in the mail.  Attorney Miller investigates and discovers the citation did not comply with the “no-fix” statute.  Attorney Miller files a motion to dismiss.

Result:  Prosecutor concedes the motion to dismiss, case dismissed.

Boston Muncipal Court
Brighton Division

The defendant is charged with operating under the influence of liquor.  The government alleged the defendant was stopped for a broken taillight.  The officer smells the odor of alcohol and observes the defendant’s eyes to be bloodshot and glassy.  The officer alleges the defendant fails the field sobriety tests.  The defendant blows a .10 breath test at the station.

Result:  NOT GUILTY

Boston Municipal Court
Central Division

The defendant is charged with failure to register as a sex offender.  The government alleged the defendant missed his registration date as is required by statute.  Attorney Miller investigates and finds the defendant was in the custody of the Commonwealth at the time of the alleged offense.

Result:  Case dismissed. 

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