2015 Cases

Chelsea District Court

The client was charged with assault and battery on a family/household member. The Commonwealth alleged the client was involved in an altercation with his wife and struck her in the face. Chelsea Criminal Defense Attorney Jeff Miller prepares the case for trial.

Result: Case dismissed on the day of trial.

Suffolk Superior Court, Boston, MA

The client was charged with aggravated rape of a child. This charge carried the possibility of life in state prison and a 15-year mandatory minimum sentence. In addition, if the client were convicted of the charge, he would be required to register as a sex offender. The Commonwealth alleged the client participated in the rape of a 12 year old by holding him down while another, uncharged person, sexually assaulted him with an object. This case involved many interesting issues. The investigation uncovered certain inconsistencies with the evidence. Massachusetts Rape Defense Lawyer prepares for trial.

Result: On the day of the scheduled trial, the client pleads guilty to misdemeanor assault and battery. No Jail or Prison sentence, probation. No registration as a sex offender.

Chelsea District Court

The client was charged with the crime of affray. According to the police, the client was engaged in a fight with another man when the police arrived. The other man was not charged. Chelsea Criminal Defense Attorney prepares for trial.

Result: Case dismissed.

Chelsea District Court

The client was staying at his brothers’ room in a rooming house in Chelsea, MA. The police received a call of three shots fired at the house (in the direction of the house, not inside the house). When they arrived, the police observed bullet holes through a window. Upon entry on the first floor of the house, the police determined the shots came from outside the house based on the fact the glass was broken into the apartment and also on the fact the slugs were recovered from the wall. The police ascend the stairs to the second floor to check for any persons that may be injured. After checking three bedrooms and finding no one injured, the police come to a fourth bedroom with a locked door. Officers o not hear anything inside the room. They call the fire department for the hailigan tool to break down the door. Upon entering the room, they observe the client and another man kneeling on the bed “holding back” two pitbulls. Officers interpreted this as the client was “protecting something.” Police search under the mattress and between the mattress and the boxspring observe a hole cut in the boxspring. Inside the hole they observe a piece of material. Inside the piece of material they feel an object, which they recognize to be a gun. The client is charged with a variety of firearm offenses that carried an 18-month mandatory minimum jail sentence. Chelsea Criminal Defense Attorney Jeff Miller files a motion to suppress. The motion is denied. Massachusetts Gun Defense Lawyer Jeff Miller files an Interlocutory Appeal. The Interlocutory Appeal is denied. Boston Criminal Defense Attorney Jeff Miller prepares for trial.

Result: On the day of trial, the Commonwealth files a Nolle Prosequi and ends the prosecution against the client.

Boston Municipal Court
Roxbury Division

The client was charged with breaking and entering a motor vehicle with intent to commit a felony and larceny over $250. The Commonwealth alleged they received a report that man was observed entering a parked car in the Roxbury section of Boston in the early morning hours. The caller observed the man come out of the car with a few bags. The caller stated he had recorded the incident on his cell phone. When police arrived they search for the individual. They observed the client walking with a couple bags in the nearby vicinity. The items inside the bags were alleged to belong to the owner of the car. Boston Criminal Defense Lawyer Jeff Miller prepares for trial.

Result: Case dismissed on the day of trial.

Chelsea District Court

The client was charged with Felony Assault and Battery by means of a Dangerous weapon, to wit: Bottle.  The police observed the client walking on the street.  The client was crying and upset.  The client informed the police she had been involved in a verbal altercation with her sister that became physical when her sister pushed her to the ground.  A third party told police the client threw a bottle at her and struck her in the chest.  Boston Domestic Violence Defense Lawyer Jeff Miller prepares the case for trial.

Result:  On the day of trial, case dismissed.

Boston Municipal Court
Roxbury Division

The client was charged with assaulting a former roomate.  The client was arraigned and released on a condition of GPS monitoring.  A few weeks later, the same victim was badly beaten.  The alleged victim informed the police the client was the perpetrator of the offense.  The client was arraigned on the new charge.  At the arraignment on the second case, her bail was revoked on her open case and she was ordered held without bail for 90 days.  Roxbury Criminal Defense Attorney Jeff Miller files a motion to get the GPS records.  The records reveal the client was nowhere near the place of the offense on the date and time of the offense.  Boston Criminal Defense Lawyer Jeff Miller files a Motion to Reconsider the order of bail revocation.

Result:  The Bail Revocation is vacated in the interest of justice. 
Note:  it is extremely rare for a Judge to vacate a bail revocation.

Chelsea District Court

The police responded to a report of an accident in the city of Chelsea.  When they arrived, they spoke with the alleged victim.  The victim stated a white van had struck his car.  The victim spoke with the driver and the driver left without identifying himself.  The victim wrote down the license plate number.  No other identifying information about the driver was provided to the police.  The van was registered to the client.  The client was charged with leaving the scene of property damage.  Massachusetts Leaving the scene of property damage lawyer Jeff Miller draft a motion to dismiss.

Result:  On the day of the hearing, the Commonwealth concedes the motion.  Motion to Dismiss ALLOWED.  Case dismissed.

Boston Municipal Court
Roxbury Division

The client was charged with possession with intent to distribute a class D substance. The Commonwealth alleged the police were in the stairwell of a housing project. The police heard voices and smelled burnt marijuana in the staircase above them. The police went up the steps and allegedly observed the client place a digital scale in a firebox. The officer also observed the end of a plastic bag sticking out of the client’s sweatshirt pocket. The officer observed a green leafy vegetable-like substance inside the plastic bag. The officer seized the bag from the clients’ pocket and placed him under arrest for possession with intent to distribute a class D substance. Boston Marijuana defense lawyer Jeff Miller prepares a motion to suppress the evidence arguing there was no evidence to infer the weight of the marijuana exceeded one ounce. Additionally, Attorney Miller files a motion to have the drugs present at the time of the hearing.

Result: After several continuances at the request of the Commonwealth, the client has his case continued without a finding for 3 months. No conviction, No loss of driver’s license.

Boston Municipal Court
Central Division

The client was attending a gathering at a friend’s apartment.  A Building Security Officer arrived and asked the people who the owner of the apartment was.  One of the people at the party had been subletting the apartment.  The Security Officer ordered the remaining parties to leave.  When the client did not leave, Boston Police was called.  The client was subsequently charged with trespassing.

Result:  Attorney Miller convinces the prosecutor and the Judge to Dismiss the complaint prior to arraignment.  The client has no criminal record as a result of the dismissal prior to arraignment. 

Cambridge District Court

The client received a notice to appear for a clerk-magistrate’s hearing on one count of threats to commit a crime.  The client had no prior criminal record.  The government alleged the client was engaged in an argument with his neighbor.  During the argument, the client made a statement that he should “go get his 9.”  The police arrived and the client admitted the statement.  Massachusetts Clerk-magistrate Attorney Jeff Miller prepares for the clerk’s hearing.

Result:  Clerk-magistrate finds probable cause but agrees to continue the case for one year without issuing a complaint.  The application for criminal complaint will be dismissed in one-year if the client does not engage in any further criminal conduct.  No entry on client’s criminal record.

Boston Municipal Court
Roxbury Division

The client was charged with domestic assault and battery on a household member.  The Commonwealth alleged was engaged in an argument with her husband and that the argument turned into a physical altercation.  The Commonwealth alleged the client head butted her husband during the incident.  Roxbury Domestic Assault and Battery lawyer Jeff Miller interviews the husband and prepares for trial.

Result:  At the pretrial conference the husband asserts marital privilege and the case is dismissed.

Chelsea District Court

The client was charged with Possession of a Class B substance, to wit: cocaine.  The police alleged they observed the client purchase what they believed to be narcotics from another man in a parking lot.  The client had no previous criminal record.  The client’s job required him to drive and he could not afford to lose his driver’s license.  I addition, probation would have been cumbersome due to his work schedule.  Chelsea Drug Possession defense lawyer Jeff Miller negotiates with the Assistant District Attorney to craft a disposition that would allow the client to continue working and not affect his license status.

Result:  The Assistant District Attorney agrees to pretrial probation period of six months. No admission of guilt.  No loss of driver’s license.  If the client avoids any further trouble for six months, the case will be dismissed.

Chelsea District Court

The client was charged with Operating with a suspended license and as a Habitual Traffic Offender.  The client was stopped for driving with a suspended license.  The Officer charged him as a Habitual Traffic Offender.  Massachusetts Operating with a Suspended License Defense Attorney Jeff Miller reviews the discovery.  Attorney Miller prepares a Motion to Dismiss the Habitual Offender portion of the charge.  NOTE:  Operating with a suspended license carries a maximum penalty of 10 days in the House of Correction.  The same charge as a Habitual Offender carries a maximum sentence of 2 years in the House of Corrections.

Result:  On the day of the Motion to Dismiss, the Commonwealth concedes the Motion.  The client admits to sufficient facts for the Operating with a suspended license.  The client receives a short probationary period and no loss of license.

Boston Municipal Court
Roxbury Division 

The client was charged with Domestic Assault and Battery on her sister.  The Commonwealth alleged the client engaged in a verbal argument with her sister.  The argument turned physical and the Commonwealth alleged the client punched her sister in the face.  The sister obtained a restraining order against the client.  Attorney Miller prepares for trial.

Result:  On the day of trial, Attorney Miller convinces the prosecutor to offer Pretrial Probation.  No admission by the client.


Chelsea District Court

The client was charged with Felony Assault and Battery by Means of a Dangerous Weapon: to wit, shod foot.  The Commonwealth alleged the client engaged in a fight with a neighbor.  During the course of the fight, the client is alleged to have kicked the neighbor in the head.  Massachusetts Assault and Battery by Means of a Dangerous Weapon Defense lawyer Jeff Miller investigates the case.  Attorney Miller discovers another witness who provides a different account of the incident and states the client was not involved in the physical portion of the fight.  Attorney Miller prepares for trial.

Result:  On the day of trial, case dismissed.

Boston Municipal Court
East Boston Division 

The client is involved in an alleged domestic assault with his girlfriend.  The girlfriend reports the incident to the police.  The client is not present when police arrive.  The client is summoned to court for a clerk-magistrate’s hearing.  The client retains Boston clerk-magistrate Defense Lawyer Jeff Miller to represent him at the clerk’s-hearing.

Result:  On the day of the clerk’s-hearing Attorney Miller meets with Police Officer before the hearing and persuades him not to issue a complaint.  No criminal complaint issues.  No entry appears on the client’s criminal record.

Chelsea District Court

The client was charged with four counts of illegal possession of a firearm and one Count of Felony Assault with a dangerous weapon, to wit: firearm.  The client was at home with his girlfriend.  The client had been arguing with his girlfriend during the course of the day.  The client was also drinking for period of the day.  At the culmination of the argument, the alleged victim retired to the bedroom upstairs.  The client was cleaning four firearms that he used for hunting.  The alleged victim heard a noise and came out of her bedroom.  She thought it was the client destroying her computer.  When she looked downstairs, she observed the client holding a rifle by the barrel with the butt of the gun on the floor.  The client asked what she was doing.  The alleged victim retreated to the bedroom and called 911.  A local SWAT team responded and placed the client under arrest.  Though the client had no criminal record, the Government insisted on committed jail time for the client.  Massachusetts Firearm Defense Lawyer prepares for trial and possible disposition of the case.

Result:  On the day of trial, Attorney Miller persuades the Judge to adopt a Plea agreement that saves the client from a committed jail sentence and a felony conviction.  The client receives a period of probation and avoids a Felony conviction.

Boston Municipal Court
Roxbury Division

The client is involved in an incident with his adult son on the night of Super Bowl XLIX.  The client and his son had been drinking.  After the game, the client turned the music up on his stereo in celebration of the New England Patriot victory.  The son was upset about this and turned off the source of electrical power.  A physical altercation ensued.  When the police arrived, the client was arrested for assault and battery.  Boston Criminal Defense Attorney Jeff Miller prepares for trial.

Result:  On the day of trial, case dismissed.

Boston Municipal Court
East Boston Division

The client was charged with domestic assault and battery.  The client was engaged in a verbal argument with his live-in girlfriend.  The argument turned physical when the girlfriend struck the client.  The client called 911.  Both parties were drinking on the night of the incident.  When police arrived, the client informed them he called and provided his account of the incident.  The client had a cut on his head that required multiple stiches to close.  In addition, the client had a lengthy cut on his cheek.  The girlfriend provided the police with her version of the incident.  Despite the client’s injuries, the police arrested the client.  Boston Domestic Violence Defense Lawyer Jeff Miller prepares for trial.

Result:  On the day of trial, Boston Criminal Defense Attorney Jeff Miller requests a lawyer talk to the alleged victim about her right against self-incrimination.  The court finds a valid fifth amendment privilege and the alleged victim exercises her fifth amendment privilege.  Case dismissed. 

Note:  On the day the case was dismissed, Attorney Miller files a motion to seal the record.  The Judge ALLOWS the motion and the record is sealed.

Chelsea District Court

The client was charged with felony Assault with intent to Rob, Assault and Battery and Attempt to Commit the crime of Robbery.  The government alleged the client assaulted and attempted to rob the alleged victim in a remote area of Chelsea in the early morning hours.  When police arrived, they observed the alleged victim sitting in the street.  The police also observed a female applying a rag to the alleged victim’s head to stop the bleeding form a cut on his head.  The alleged victim stated two black males had tried to rob him.  A short-time later, the police located the client sitting inside the hallway of an apartment building.  The client was not wearing shoes, he was sweaty and gasping for air.  When police inquired, the client told him a man just tried to rob him.  Massachusetts Criminal Defense Attorney Jeff Miller prepares for trial.

Result:  On the day of trial, case dismissed.

Chelsea District Court

The client was charged with multiple counts of threats to commit a crime and Felony Witness Intimidation.  The Commonwealth alleged a woman visited the client at the client’s house.  During the visit an argument ensued and the client allegedly ordered her pit bull to attack the alleged victim.  Also, the victim alleged the client stated “she would slice her face up” if she reported the incident to the police.  The alleged victim waited approximately three weeks before reporting the incident to the police.  During the investigatory phase of the case,  Chelsea Criminal Defense Attorney Jeff Miller discovers a report from the Animal Control Officer.  The report states the Animal Control Officer did not believe the victim’s injuries were caused by dog bites.  Attorney Miller prepares for trial.

Result:  On the day of trial, case dismissed.

Chelsea District Court

The client was charged with drag racing and reckless operation of a motor vehicle.  The prosecutor alleged the following:  An off-duty police officer was stopped at a red light.  The officer “felt the breeze” when  car blew past his while traveling through a red light.  The officer estimated the car’s speed at 90 m.p.h.  The officer reported his observations to the police station and gave a general description of the car.  A short-time later, a second off duty police officer observed two cars stopped at a red light.  The officer reported the cars were revving their engines and “staging” for a race.  The officer observed the two cars “burn out” and accelerate at a high rate of speed.  A short-time later, a serious accident occurred approximately one mile for the original sighting of the cars.  Attorney Jeff Miller prepares for trial.

Result:  Jury trial commences.  At the close of the Commonwealth’s case, the Judge finds the evidence insufficient to go to the jury and directs a finding of NOT GUILTY on both counts.

Boston Municipal Court
Roxbury Division

The client was charged with Breaking and Entering a building in the nighttime with intent to commit a felony.  The charge is a felony offense.  The Commonwealth alleged the client was inside an abandon building when they arrived.  The client informed police that he came inside the building to sleep because his girlfriend kicked him out of the house.  Attorney Miller files a discovery motion seeking discovery of the felony the client was alleged to commit.  At the pretrial conference, the Commonwealth agrees to reduce the charge to breaking and entering with intent to commit a misdemeanor.

Result:  The client receives a short probationary period.  

Chelsea District Court

The client was charged with two counts of assault and battery that occurred on two separate dates.  The client’s son was the alleged victim on both cases.  Chelsea Assault and Battery Lawyer Jeff Miller interviews the alleged victim of the cases.  Attorney miller recognizes the alleged victim may have a Fifth Amendment privilege.  The prosecutor refuses to dismiss the case prior to trial.  Attorney Miller prepares for trial.

Result:  On the day of trial, Attorney Miller requests the court to appoint counsel to the alleged victim.  The alleged victim’s counsel determines the client had a Fifth Amendment privilege and that he wishes to assert the privilege.  Case Dismissed not he day of trial.

Boston Municipal Court
Roxbury Division

The client was arrested on a warrant for another case in another court.  While being arrested, police seized 10 crack rocks from the clients’ pocket.  The client is charged with Felony possession with intent to distribute a Class B substance and doing so within “1000 feet of a school.”  No school is referenced in the police report.  Also, in August 2012, Mass. Gen. Laws ch. 94C, Sec. 32J was amended to reduce the distance from 1000 feet to 300 feet.  Boston, MA Drug Defense Attorney Jeff Miller files a motion to dismiss the school zone count.

Result:  After hearing, Motion to Dismiss School Zone Count is ALLOWED.  The mandatory minimum sentence of two years in the House of Correction is off the table.

Chelsea District Court

The client was charged with Felony Distribution of a Class B substance, and doing so within 100 feet of a public park.  The Client was also charged with conspiracy to violate the drug laws.  The park zone violation carries a mandatory minimum sentence of two years in the House of Corrections.  The Commonwealth alleged an undercover police officer approached the client in an attempt to buy crack cocaine.  The undercover officer accompanied the client to his apartment.  Allegedly, the client made a phone call in an attempt to procure crack cocaine.  The client left the apartment stating he would return with the crack cocaine.  Outside the apartment, other undercover officers observed the client enter a car and exit a short-time later.  While walking back to the apartment, the client walked “within 100 feet of a public park.”  The client returned to the apartment, the point of distribution, and sold the crack cocaine to the undercover officer.  Boston Drug Defense Attorney Jeff Miller researches the law on park zone violations and conspiracy.  Attorney Miller files a Motion to Dismiss the park zone and conspiracy charges.

Result:  On the day of the hearing, the Prosecutor concedes the motion.  The client successfully avoids a mandatory minimum sentence of two years in the House of Corrections.

Chelsea District Court

The client was charged with Felony Breaking and entering in the nighttime with intent to commit a felony.  The Commonwealth alleged the client broke and entered the garage of the alleged victim and stole multiple items from the garage.  The homeowner noticed the lock to his garage door was broken.  He contacted police and showed them the broken lock.  He also informed them about the missing items.  Later in the day, the homeowner spoke to his neighbor.  The neighbor told the homeowner she had seen the defendant coming in and out of his years earlier in the day.  Massachusetts Breaking and Entering Lawyer Jeff Miller files a motion to dismiss arguing a lack of probable cause to charge the client with breaking and entering.

Result:  After argument, Motion to Dismiss is ALLOWED.

Chelsea District Court

The client was arraigned on a charge of unarmed robbery.  After arraignment, the charge was reduced to larceny from a person.  The Commonwealth alleged the client and another man robbed a woman at knifepoint while she was at an ATM machine.    A short-time after the incident, police stopped the client and another man a couple blocks away from the incident.  The alleged victim was brought to attempt an identification.  She identified the other man and thought the client “looked like the other guy.”  Attorney Miller begins investigation of the case.  First, Attorney Miller subpoenas the video surveillance footage from the bank.  Second, Attorney Miller visits the site of the alleged incident.  Attorney Miller reviews a recent SJC decision relating to identifications while preparing for trial.

Result:  On day of trial, case dismissed.

Chelsea District Court

The client was charged with three felony offenses, malicious destruction of property, possession of burglarious tools and receiving stolen property.  The Commonwealth alleged the following:  Police observed the client driving a motor scooter the wrong way down a one-way street.  The officer followed the client and approached him when he stopped a short-distance later.  When the officer approached the client, he observed the scooter was painted black and could see the original color was red (charge:  malicious destruction of property).  The officer also observed a screwdriver (charge:  possession of burglarious tools) in the tray under the handle bars.  The client informed the officer he had purchased the scooter from another man.  The client did not know the name of the seller.  The officer learned the scooter had been reported stolen a couple days before the incident (receiving stolen property).  Chelsea, MA Criminal Defense Attorney Jeff Miller prepares a motion to dismiss the malicious destruction of property charge and the possession of burglarious tools charge.

Result:  After hearing, motion to dismiss both counts ALLOWED for lack of probable cause.  The prosecutor declines to dismiss the receiving stolen property charge.  Attorney Miller prepares for trial.

Result:  On the day of trial, Receiving Stolen Property charge dismissed.

Chelsea District Court

The client was charged with domestic assault and battery and felony witness intimidation on his live in girlfriend.  According to the Commonwealth, the client was engaged in a verbal argument with his girlfriend.  The argument turned physical when the client allegedly grabbed the alleged victim by the throat and threw her to the couch.  The alleged victim attempted to make a 911 call at which point the Commonwealth alleged the client grabbed the phone from her hand, thereby preventing her from reporting the incident (witness intimidation charge).  Massachusetts assault and battery defense lawyer Jeff Miller prepares for trial.

Result:  Case dismissed on the day of trial.

Boston Municipal Court
Roxbury Division

The client was charged with assault and battery on a police officer and disorderly conduct.  The Boston Police made the following allegations.  The police were called to a Roxbury residence for a report of a man with a gun.  Upon arrival, police observed numerous people outside of a house.  Those people were attending a birthday party.  The time was approximately 2:00 a.m. and the partygoers were drinking alcohol.  Several police officers approached the client.  The officers asked the client if he had observed anyone with a gun.  The client reported he had, gave a description of the car and told police the gunman was driving up and down the street.  Next, police asked the client for his identification.  The client refused to provide identification.  Next, officers demanded identification.  The client refused.  Police proceeded to arrest the client for disorderly conduct.  While the client was being taken to the police cruiser, police alleged the client chest-bumped and spit at a police officer.  Boston, MA criminal defense attorney Jeff Miller prepares the case for trial.

Result:  After Jury Trial, the client is found NOT GUILTY on both counts.

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