2014 Cases

Chelsea District Court

The client was charged with Armed Carjacking with a firearm, various drug offenses and Receiving a stolen Motor Vehicle.  The Government alleged the client approached the driver of a car, held a gun to his head, and forced him to give him the car.  Two days later, the car was stopped and the client was in the passenger seat.  The Government’s witness told police a strange version of events involving the incident.  The client was held on a high bail.

Result:  After approximately 150 days, Government files a Nolle Prosequi on the case.  Client is released from custody.

Chelsea District Court

The client was charged with 3 counts of domestic assault and battery, 1 count of felony assault and battery by means of a dangerous weapon and 1 count of felony malicious destruction of property.  The government alleged the client beat his wife and child in a series of events over a period of approximately 1 week.  The government is seeking committed jail time on a plea.  The client rejects the plea offer.  Boston, MA Assault and Battery Defense Attorney Jeff Miller prepares for trial.

Result:  Case Dismissed on the day of trial.

Chelsea District Court

The client was charged with, inter alia, Felony Possession with Intent to Distribute Crack Cocaine.  The government alleged the client was in possession of eight plastic bags of crack cocaine.  The police seized the crack cocaine from the client based on the following observations.  The police observed the client talking to a “known drug user.”  The officer testified he observed the client make a “handshake gesture” with the “known drug user.”  The encounter was otherwise nondescript.  Believing they had witnessed a “hand-to-hand” drug transaction.  The police approached the client and observed the clip of what the officer believed to be a knife on the clients front pocket.  The police conducted a pat-frisk and seized the alleged drugs from the client.  Chelsea Drug Suppression Defense Lawyer Jeff Miller files a Motion to Suppress based on an illegal pat-frisk.

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

Chelsea District Court

The client was charged with Operating Under the Influence of Liquor, second offense and negligent operation of a motor vehicle.  The government alleged the client was involved in an accident with a USPS truck as the truck pulled away from the curb after collecting the mail.  The client stopped and exchanged information with the Postal worker.  The postal worker called his supervisor who arrived about 10-15 minutes later.  The Supervisor testified he smelled alcohol on the client’s breath and that the client was irritated.  The Supervisor called police.  An officer arrived about 10-15 minutes later and remained on scene for another 10-15 minutes.  After the Supervisor called police, the client went home.  The police officer went to the client’s home and observed him to walk with a stuttered step, noted his eyes were bloodshot and glassy and that he smelled alcohol on the client’s breath.  The officer also removed a steel water bottle containing beer from the client’s coat pocket.   The case proceeds to jury trial.

Result:  NOT GUILTY on Operating Under the Influence and Negligent Operation of a Motor Vehicle.

Chelsea District Court

The client was charged with assault.  The government alleged the client assaulted the alleged victim when he threw a piece of bread at him.  The client was the alleged victim’s employer at the time of the incident.  Attorney Miller prepares for trial.

Result:  NOT GUILTY.

Chelsea District Court

The client was charged with Distribution of a class C substance.  The government alleged the client sold certain scheduled narcotics to an undercover police officer.  The alleged transaction occurred while driving in a car.  The car trip crossed several jurisdictions.  The client was charged in multiple jurisdictions.  Boston Drug Distribution Defense Lawyer Jeff Miller prepares for trial.  When reviewing the documents, Attorney Miller notices a problem with the drug certification form.

Result:  On the day of trial, the government’s request for a continuance is denied.  Government files a Nolle Prosequi on the case ending the prosecution of the client.

Chelsea District Court

The client was charged with assault and battery.  The government alleged one car rear-ended another.  The client was a passenger in the car.  The client got out of the car and approached the driver.  The driver subsequently spit in the client’s face and a struggle ensued.  Chelsea, MA assault and battery defense attorney investigates case and prepares for trial.

Result:  On the day of trial, case dismissed.

Boston Municipal Court
Gun Court 

The client was charged with illegal possession of a firearm, second offense.  As a second offense the charge carried a mandatory minimum sentence of five years in state prison if convicted.  Testing on the gun later revealed the gun was a starter’s pistol.  This reduced the charges to possession of ammunition.  The Commonwealth alleged a police officer observed the client showing “something” to two other men.  The police observed the client put “something” into the car and close the car door.  The incident occurred in a “high crime” area known for “gang activity.” The police approached the three men and pat-firsked them.  The frisk of the the client resulted in the seizure of a lawful pocket knife.  Next, the police informed the client his car was parked illegally.  They ordered him to move the car or it would be towed.  The client refused.  Police attempted to open the car doors, which were locked, to no avail.  Next, the police forcibly remove the car keys from the client and open the car.  Under the pretext of an inventory search, the police observed the gun under the driver’s seat.  Massachusetts gun suppression lawyer Jeff Miller files a motion to suppress and prepares for the suppression hearing.

Result:  After the suppression hearing, motion to suppress is ALLOWED.

Woburn District Court

The client was charged with Leaving the Scene of Property Damage and Negligent Operation of a Motor Vehicle.  The government alleged the client was involved in an accident and left the scene of the accident without making himself known.  The client received a criminal citation in the mail.  The client returned the citation and requested a clerk’s hearing.  The client never received notice of the clerk’s hearing.  The client did receive a summons for arraignment.  Woburn, MA Criminal Defense Attorney Jeff Miller moves to dismiss the case prior to arraignment based not he fact the client had not received a clerk’s hearing.  Attorney Miller also notices a fatal defect in the citation.

Result:  Case dismissed prior to arraignment.  The charge will never appear on the client’s record.

Chelsea District Court

The client was charged with leaving the scene of property damage.  Police responded to an auto accident.  When they arrived, the police observed two cars with damage from the accident.  Only one driver, the alleged victim, was present when police arrived.  No driver of the second car was present when the police arrived.  Police ran the registration of the second car.  The car was registered to the client.  Chelsea, MA Criminal Defense Lawyer Jeff Miller files a discovery motion seeking information about how the police identified the client as the driver.  Massachusetts Criminal Defense Attorney Jeff Miller prepares a motion to dismiss the complaint focusing not he fact that the identification was insufficient to proceed with criminal charges.

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

Chelsea District Court

The client was charged with Felony Larceny of a Motor Vehicle.  The Government alleged the vehicle in question was a rental car.  The clients’ wife had rented the car.  The client and his wife were engaged in an argument while at the courthouse.  When the client’s wife entered the courthouse, the client drove the car home.  The client’s wife reported the car stolen.  Chelsea, MA Larceny Defense Attorney Jeff Miller prepares the case for trial focusing on the specific intent element of larceny that the Government needs to prove beyond a reasonable doubt before securing a conviction.

Result:  Case Dismissed on the day of trial.

Chelsea District Court

The client was charged with Domestic Assault.  The Government alleged the client was involved in a fight with his brother and threatened to stab him.  Massachusetts Domestic Assault defense lawyer Jeff Miller investigates the case in preparation for trial.  Attorney Miller interviews the alleged victim and recognizes the alleged victim has a Fifth Amendment Privilege.

Result:  On the day of trial, the alleged victim asserts Fifth Amendment Privilege.  Case Dismissed.

Boston Municipal Court
Brighton Division

The client was charged with rape.  The Commonwealth alleged the client had raped his wife.  The alleged victim was handicapped and used a walker to aid her in her mobility.  At arraignment, the Judge set bail in the amount of $50,000.  Boston Rape Defense Attorney analyzed the case and learned the alleged victim was aware the client had been involved with another woman.  Boston Criminal Defense Lawyer Jeff Miller filed for a bail review in the Superior Court a short time after the arraignment.  The clients bail was reduced to personal recognizance.  Attorney Miller answers ready for three separate probable cause hearings and objects to the prosecutors request for a continuance.

Result:  Prosecutor files a Nolle Prosequi, ending the prosecution against the client.  Client maintains a clean record.

Boston Municipal Court
Brighton Division 

The client is a model citizen with no previous record.  The client and his wife were engaged in an argument in their home.  The wife alleged the client grabbed her by the shoulder and threatened to kick her out of the house.  Police were called and the client was charged with domestic assault and battery.  Brighton Assault and Battery Attorney Jeff Miller investigates the case.  During the investigation several inconsistencies were discovered.  In addition, the investigation revealed possible financial motives of the alleged victim.  Boston Assault and Battery Lawyer Jeff Miller develops the theory of the case and prepares for trial.

Result:  NOT GUILTY.  Jury acquits the client.  The client maintains a clean record.

Chelsea District Court

The client was charged with Breaking and Entering with Intent to Commit a Felony and Felony Larceny over $250.  The government alleged the client broke into an home where he rented a basement apartment.  The homeowner informed police she returned home from work and noticed her 47″ television and other items were missing.  The homeowner told police she had a home surveillance camera outside her house.  The Police review the video.  The video allegedly shows the client walking around the house in the morning while smoking a cigarette.  The Police also allege they see the client place a large TV in the backseat of his car.  Chelsea Criminal Defense Lawyer Jeff Miller makes a discovery request for the video.  After multiple court dates, the Government is unable to produce the video.  Massachusetts Larceny Defense Attorney Jeff Miller files a motion to dismiss based not he unavailability of the video surveillance.

Result:  On the day of trial, Attorney Miller argues for dismissal based on the failure to provide the video.  The Judge denies the motion but sanctions the Commonwealth for failing to provide the discovery.  The Judge rules no witness can testify about any observations made on the video.  After the Judge’s ruling, the Commonwealth answers not ready.  Case Dismissed.

Chelsea District Court

The client was charged with domestic assault and battery.  The police received a phone call from the client’s neighbor.  The Neighbor reported he had “heard” the client and his girlfriend engaged in a lengthy argument.  The neighbor reported the client had been drinking all day.  The police arrive and observe what they term “fresh bruises” on the alleged victim.  The alleged victim states she and her boyfriend were in an argument.  She denies any touching.  Chelsea, MA Domestic Assault and Battery Lawyer Jeff Miller prepares for trial.

Result:  On the day of trial, Chelsea Defense Lawyer Jeff Miller argues for dismissal of the case.  Case Dismissed.

Chelsea District Court

The client was charged with domestic assault and battery and Felony malicious destruction of property.  The Commonwealth alleged the client punched and scratched her significant other during an argument over alleged infidelity.  When police arrive, they speak with the alleged victim who provides his account of the incident.  The alleged victim states the client punched him and broke numerous items in the apartment during the incident.  The police observe numerous broken items in the apartment.  Chelsea, MA assault and battery attorney Jeff Miller prepares for trial.

Result:  On the day of trial, case dismissed.

Chelsea District Court

The client was charged with Felony Breaking and Entering and Larceny over $250.  The Commonwealth alleged the client broke into a house with another person and stole several items including a flat screen TV and computer.  The police contacted the client and interviewed him prior to his arrest and without the benefit of counsel.  The client explained he was asked by a friend to help him move some items.  The client agreed.  The client told police he did not know they were stolen.  The Police choose to charge the client anyway.  Chelsea Felony Defense Attorney Jeff miller conferences the case with the prosecutor.  The prosecutor offers the client a plea which involved probation.  The client rejects the plea.  Suffolk County Criminal Defense Attorney Jeff Miller prepares for trial.

Result:  On the day of trial, the Prosecutor announces they are unable to prove the case.  Case Dismissed.

Chelsea District Court

The client is charged with conspiracy to violate drugs laws and knowingly being present where heroin is kept.  The Commonwealth alleged the client was involved in an attempt to purchase heroin from undercover law enforcement agents.  The Commonwealth provided limited discovery into the events giving rise to the arrest.  Chelsea Ma. Drug Defense Attorney Jeff Miller files several discovery motions seeking production of necessary information to prepare the defense.  A slow trickle of discovery documents suggested a Federal investigation.  Drug Defense Lawyer Jeff Miller files supplemental discovery motions.

Result:  After two compliance dates, the Commonwealth is unable to provide the requested discovery.  Case Dismissed.

Boston Municipal Court
Roxbury Division 

The client was charged with Assault and Battery.  The government alleged the client pushed a minister while trying to enter a religious service.  Boston Assault and Battery Lawyer Jeff Miller investigates the incident and prepares for trial.  At trial, the alleged victim, a minister, testified the client pushed him hard while the alleged victim was trying to deny the client entry to religious services.  The arresting police officer testified the client was angry and aggressive when the officer approached the client inside the service.  The officer testified the client stated “I don’t care what happened, I’ll come back.”

Result:  Jury finds client NOT GUILTY.

Chelsea District Court

The client was charged with Felony Larceny from a person and assault and battery.  The government alleged the client, unprovoked, attacked the alleged victim while he was standing on a corner and stole $200 from his pocket.  When police arrived they arrested the client based on the alleged victim’s version of events.  No money was found while the client was being booked.  Chelsea Massachusetts Trial Attorney Jeff Miller investigates the case.  Larceny from a Person Lawyer Jeff Miller locates an independent witness who has a  different version of the incident.  Attorney Miller prepares for trial.

Result:  On the day of trial, the government announces they cannot meet their burden.  Case Dismissed.

Boston Municipal Court
Central Division

The client was charged with Felony Failure to Register as a Sex Offender.  The government alleged the client did not register in the time period allotted under the law.  A conviction under the statute triggers an onerous obligation of Lifetime Community Parole Supervision. Sex Offense Defense Attorney Jeff Miller prepares for trial.

Result:  NOT GUILTY.

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