2012 Cases

Boston Municipal Court
Roxbury Division

The client was charged with assault and battery, disturbing the peace and affray.  The Commonwealth alleged multiple people were invloved in a large street fight.  The client was present at the scene.  The police arrive and allege the client punched another male while the police were present.  The client maintained she had defended herself after being punched first.  Roxbury Assault and Battery Attorney Miller investigates and locates an independent witness.  Attorney Miller summonses witness to testify at trial.

Result:  Prosecutor moves to dismiss on the day of trial.

Boston Municipal Court
Roxbury Division

The client is charged with Armed Robbery.  The Commonwealth alleged client robbed him at gunpoint taking $260 from his pocket.  The client maintained the incident was contrived by the alleged victim.  The alleged victim had been involved in a dating relationship with the client’s girlfriend.  Roxbury Robbery Attorney Miller obtains cellphone records and text messages from the alleged victim’s cellphone.  Attorney Miller provides to the prosecutor at the pretrial.  The prosecutor does not dismiss the case.  Attorney Miller prepares for trial.

Result:  On the day of trial, the alleged victim appears in court.  Prosecutor moves to dismiss the case.

Chelsea District Court

The client is charged with rape.  The prosecutor alleged the client punched a woman in the head and forced her to perform oral sex on him.  Rape Defense Attorney Miller investigates the case.  During the investigation, Attorney Miller discovers some unfavorable information about the alleged victim’s credability.

Result:  The prosecutor declines indictment on the case and files a Nolle Porosequi thereby ending the prosecution of the client.  No conviction, no record for the client.

Boston Municipal Court
Roxbury Division

The client was charged with larceny by check.  The client was informed of a 10-year old warrant for her arrest.  The police report stated the client had passed a bad check at a local supermarket about ten years earlier.  The 17-year old client would have been 7 years old at the time of the incident.  Attorney Miller negotiates with the prosecuting attorney.

Result:  Prosecutor agrees to dismiss case prior to arraignment, no record.

Suffolk Superior Court

The client was indicted on one count of statutory rape, two counts of threats to commit a crime and one count of violating a restraining order.  The Commonwealth alleged the 21-year old client had engaged in sexual intercourse with a 15-year old girl.  The Commonwealth also alleged the client made threats against people who were aware of the encounter.  Sex Offense Attorney Miller investigates the allegations.  Multiple witnesses are interviewed while preparing for trial.  Attorney Miller negotiates with the prosecuting attorney.

Result:  Pretrial Probation (no admission of guilt) on statutory rape charge.  Guilty on remaining counts, probation only.  Client avoids incarceration and does not have to register as a sex offender.

Boston Municipal Court
Roxbury Division

The client was charged with trespassing.  The Commonwealth alleged police observed the client at an MBTA stop for an extended period of time.  Several buses stopped and the client did not board any of the buses.  The police warned the client against loitering at the bus stop.  Several hours later, the police observed the client at the same bus stop.  The client was arrested and charged with trespassing.  Attorney Miller files a motion to convert the criminal trespass charge to a civil offense.

Result:  Judge ALLOWS motion to treat as a civil offense.  $100 fine.

Chelsea District Court

The Commonwealth charged the client with indecent assault and battery and assualt and battery.  After trial, the jury acquitted the client on the charge of indecent assault and battery and could not reach a unanimous decision on the assault and battery charge (Hung jury).  The Commonwealth announced they would retry the client on the assault and battery charge.  Based on information that was exposed at the first trial, Attorney Miller subpoeans the alleged victims phone records and the trial transcript.  This informaiton was extremely important for impeachment purposes at the second trial.  Assault and Battery Attorney Miller provides the prosecutor with the infromation prior to the second trial.

Result:  On the day the second trial is scheduled to begin, the prosecutor moves to dismiss the case.

Chelsea District Court

The client is charged with aggravated assault and battery, assault and battery by means of a dangerous weapon; to wit: knife, and assault and battery.  The Commonwealth alleged the defendant stabbed a family member in the arm during a altercation inside the home.  The Commonwealth requested the medical records and the case proceeded on the trial path.  Attorney Miller investigates the case and prepares for trial.

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

Chelsea District Court

The client is charged with receiving stolen property.  The client and another gentleman are walking on the street in the early morning hours.  Police stop the client and discover a computer, and various computer accession laying in “tall grass” apporximately five yards from the client.  Boston Larceny Attorney Miller researches cases on constructive possession and prepares for trial.

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

Chelsea District Court

In an interesting case, the Commonwealth alleged the client robbed a patron while inside a local bar.  When police arrive, they allege they find the alleged victim’s credit card inside the client’s pocket.  The client is charged with unarmed robbery and assault and battery.  Attorney Miller prepares the case for trial.

Result:  Case dismissed on the day of trial.
Boston Municipal Court
Roxbury Division

The client was charged with unarmed robbery and witness intimidation.  The client had been engaged in a domestic relationship with the alleged victim for a number of years.  The client had a lengthy history of defending against charges levied by the alleged victim.  Attorney Miller investigates the history and prepares for trial.

Result:  Case dismissed on the day of trial.

Chelsea District Court

The Commonwealth alleged the client intimidated a witness inside the courthouse.  Attorney Miller investigates the allegations by interviewing witnesses who were alleged to be present during the incident.  Attorney Miller prepares for trial.

Result:  Case dismissed on the day of trial.

Boston Municipal Court
Roxbury Division

The client was charged with assault and domestic assault and battery.  The alleged victim reported to police the client had abused her for a number of years.  On the day of the incident, the alleged victim stated the client had punched her multiple times in the head.  Attorney Miller investigates the incident and prepares for trial.

Result:  Case dismissed on the day of trial.

Chelsea District Court

The client was charged with domestic assault and battery.  Attorney Miller investigates the case and finds the client’s wife has a different account of the incident.  Attorney Miller conferences the case with prosecutor.  The client’s wife asserts her marital privilege.

Result:  Case Dismissed.

Chelsea District Court

Police respond to a report of breaking and entering.  Upon arrival, the police observe the client walking in the area of the reported Breaking and entering.  Immediately, the officer performs a protective pat-frisk for weapons.  The pat-frisk results in the seizure of numerous tools.  The client is charged with possession of burglarious instruments.  Attorney Miller files a motion to suppress the tools based in part on the fact the officer did not have a reasonable belief the client was armed and dangerous.

Result:  After hearing, Motion to Suppress ALLOWED.

Chelsea District Court

The client was charged with, among other things, breaking and entering a building in the nighttime with intent to commit a felony.  The police report alleged the client and another person were observed in the area of a “construction site.”  The site was the alleged building.  Attorney Miller researches the law and files a DiBennedetto motion to dismiss based on the fact the allegations in the police were insufficient to find probable cause of a break, entry of that the “construction site” was a building within the meaning of the statute.

Result:  After hearing, Motion to Dismiss ALLOWED.

Boston Municipal Court
Roxbury Division

The client was charged with possession of a class B substance with the intent to distribute and doing so within 1000 feet of a school.  The client was facing a mandatory minimum sentence of 2 years in the house of corrections.  The Commonwealth alleged undercover police officers observed 3 men huddle together in a parking lot and exchange some unknown item.  The officer followed 2 of the men to a local Laundromat.  The officer testified he observed the client exchange an item with an unknown female.  The officer also provided a detailed description of the woman and her movements while inside the Laundromat.  The officer also testified he observed a knife in plain view in the client’s pocket before searching him.  The officer performs a protective pat-frisk which produces a number of crack rocks.  Attorney Miller investigates by visiting the laundromat the day after the incident.  Attorney Miller secures crucial videotape relating to the incident and introduces in evidence at the motion to suppress hearing.

Result:  After hearing, Motion to Suppress ALLOWED.  Case dismissed.

Boston Municipal Court
Roxbury Division

The client was charged with 4 counts of assault by means of a dangerous weapon, to wit: a firearm, possession of a loaded firearm and discharging a firearm within 500 feet of a dwelling.  The Commonwealth alleged the client drove up to an apartment complex, pulled out a firearm and said “who do I have to kill here,”  then fired a shot into the air.  Moments later a police officer drove by the area.  The alleged victim stopped the officer, told her story, and pointed in the direction of the client.  The officer stops the client.  The client makes a statement without the benefit of a Miranda warning.  No firearm is recovered.  Attorney Miller files a motion to suppress the statement.  On the day of the suppression hearing, the Commonwealth does not object to the motion.  Motion to suppress ALLOWED.  Attorney Miller prepares for trial by interviewing 5 witnesses and retaining a gun-shot residue expert.

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

Chelsea District Court

The client is charged with Malicious Destruction of Property.  The client’s boyfriend rented an apartment from the complaining witness.  During a visit to the apartment, the landlord noticed several holes in the wall.  The boyfriend stated the damage occurred during a fight with his girlfriend.  Attorney Miller researches the law and drafts a motion to dismiss.

Result:  After a hearing on the motion, Motion to dismiss ALLOWED.  Case dismissed.

Chelsea District Court

The client is charged with breaking and entering with the intent to commit a felony and resisting arrest.  The police allege the client entered a house through a window.  When police arrive, they observe the client inside the house.  A police officer enters through the window and orders the defendant to his knees at gunpoint.  The client does not comply.  The police force compliance with a series of body strikes.  Attorney Miller files a motion to dismiss the resisting arrest charge.

Result:  On the day of the motion, The prosecutor moves to dismiss the resisting arrest charge.

Chelsea District Court

The client is charged with assault and battery and indecent assault and battery.  If convicted on the indecent assault and battery charge, client faced up to 2 ½ years in jail and would be required to register as a sex offender.  The government alleged the client engaged in an indecent touching with his live-in girlfriend of ten months.  Attorney Miller prepares for trial.

Result:  NOT GULTY on indecent assault and battery charge, hung jury on Assault and Battery (mistrial).  Client avoids conviction and does not have to register as a sex offender.

Chelsea District Court

One count of the complaint charged the client with violation of a restraining order.  The client was arrested and transported to the police station.  The police alleged the client used his phone call to call the alleged victim for bail, thereby violating the no contact provision of the restraining order.  The client denied the allegation.  Attorney Miller timely moves to preserve the booking video which would have captured the incident.  After numerous unsuccessful requests for the video, Attorney Miller files a motion to dismiss.

Result:  Motion to dismiss ALLOWED, charge dismissed with prejudice.

Chelsea District Court

Client is charged with domestic assault and battery.  After an altercation with the mother of his child, police respond to the residence of the client.  The client makes some incriminatory admissions.  Attorney Miller investigates the case and prepares for trial.

Result:  On the day of trial, case dismissed.

Chelsea District Court

Client is charged with, among other things, attempt to commit a crime.  Attorney Miller reviews the complaint and application for complaint and determines the complaint suffers a fatal defect, there is no overt act alleged in the complaint.  Attorney Miller files a motion to dismiss based on the fatal defect.

Result:  Motion to dismiss ALLOWED, case dismissed.

Boston Municipal Court
Roxbury Division

The client was summonsed to court for arraignment on a variety of motor vehicle offenses including criminal negligent operation of a motor vehicle.  The client never received notice for a clerk-magistrate’s hearing.  Attorney Miller moves to dismiss the complaint and remand back for a clerk’s hearing.  Motion ALLOWED.

Result:  Case dismissed, remanded for a clerk’s hearing.

Chelsea District Court

The client was charged with violation of a restraining order.  The alleged victim received a letter in the mail.  The letter was sent from the jail where the client was being detained on another case.  The letter was written by a third party referencing details of the relationship between the alleged victim and the client.  The alleged victim stated the letter was written by the client.  On the day of trial, Attorney Miller moves for a voir dire of the alleged victim to authenticate the document.  After the voir dire hearing, the trial Judge finds the alleged victim did not authenticate the document.

Result:  Case dismissed with prejudice.

Boston Municipal Court
Dorchester Division
Clerk’s Hearing

The government applied for a criminal complaint against the client alleging criminal harassment and making annoying telephone calls.  The allegations are the client and his girlfriend had broken up after a year-long relationship.  The girlfriend stated the client harassed her via text, email and phone calls.  Attorney Miller conferences the case with the police prosecutor assigned to the case.  Police prosecutor recommends holding application in abeyance for a period of time.

Result:  No criminal complaint issues, no criminal record.

Boston Municipal Court
Roxbury Division

The defendant is charged with felony assault and battery by means of a dangerous weapon and assault and battery.  On the night of the incident, the government alleged the defendant and the alleged victim were attending a house party.  An altercation ensued and the alleged victim was stabbed in the head.  The defendant went home.  The police entered his residence a short time later and found a blood-covered shirt in the residence.  Attorney Miller investigates the case and interviews witnesses. The alleged victim states that while the defendant was present, he was not the perpetrator.  The alleged victim drafts an affidavit.  Attorney Miller prepares for trial.

Result:  Case dismissed on the day of trial.

Boston Municipal Court
Roxbury Division

The defendant is charged with three felonies; stalking, assault by means of a dangerous weapon and malicious destruction of property.  The government alleges the defendant harassed the alleged victim over a period of time and that he made a serious threat to her safety.  Attorney Miller interviews witnesses.  Attorney Miller prepares for trial and drafts key motions in limine to preserve the defendant’s right to a fair trial.  On day of trial, motions in limine are ALLOWED.  The court is unable to seat a jury from the jury pool.  The Judge continues the case.  On second trial date, the government answers not ready.

Result:  Case dismissed on day of trial.

Boston Municipal Court
Roxbury Division

The defendant was charged with assault and battery and felony malicious destruction of property.  The government alleged the defendant pushed her boyfriend during an argument.  The boyfriend called police.  When police arrived, the government alleged they observe the defendant throwing the boyfriend’s stereo equipment from the second floor window.  Attorney Miller conferences the case with prosecutor.

Result:  Pretrial probation, no admission by defendant, case to be dismissed after 6 months.

Boston Municipal Court
Roxbury Division

The defendant is charged with felony assault and battery by means of a dangerous weapon; to wit: door.  The government alleged the defendant visited his mother’s home looking for money.  The government alleged the defendant’s mother did not want him in the house and the defendant pushed his way inside striking the alleged victim with the door.  Attorney Miller interviews the alleged victim and prepares for trial.

Result:  Case dismissed on the day of trial.

Suffolk Superior Court

The defendant was charged with felony possession of a firearm.  In addition, the government charged the defendant as a Level III Armed Career Criminal.  This sentencing enhancement carries a mandatory minimum sentence of 15 years in state prison.  Attorney Miller files a motion to suppress the firearm based on the fact the firearm was seized without reasonable suspicion or probable cause.  Also, Attorney Miller challenges the Police order for the defendant to exit the car.

Result:  Motion to suppress ALLOWED.  Prosecutor enters Nolle Prosequi and ends prosecution of defendant.

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