2016 Cases

Chelsea District Court

The client was charged with Felony Possession with Intent to Distribute a Class A substance, to wit: heroin. A police officer was surveilling the client’s residence and observed the client walk out of the house in the direction of another man who was known to police as a drug user. The officer observed the client reach into his pocket and pull his hand out in a clenched fist. The officer grabbed the client by the arm before he met with the other man. The other man stated that he had come to the area to “cop.” The officer knew from his training and experience this meant to but drugs. Chelsea, MA Drug Suppression Attorney files a motion to suppress.

Result: After full evidentiary hearing the Motion to Suppress is ALLOWED.

Chelsea District Court

The client was charged with Assault and Battery on a Police Officer and Operating with a suspended license. The police alleged the client was driving with her four-way flashers on. The officer stopped her to see if she needed assistance. When he approached the car, the client stated she had sprained her ankle and was on her way to the hospital. The officer requested her license. The client provided her license and the officer informed her that her license was suspended. The client drove off. The officer located her in the parking lot of the hospital. When he asked her to turn off her engine, she refused. The officer reached into the car to pull the keys from the ignition. The officer alleged the client bit him on the wrist. Chelsea, MA Criminal Defense Attorney Jeff Miller prepares for trial.

Result: The jury returns a verdict of NOT GUILTY.

Chelsea District Court

The client was charged with Distribution of a Class C substance. On the day of the scheduled trial, the case was dismissed because the prosecutor was not ready. The prosecutor applied for another complaint on the same case. A notice to the client for a summons arraignment. The summons is returned as undeliverable as addressed. The prosecutor does not request a warrant. Approximately two years later, the client is arraigned on the new complaint. Boston, MA Criminal Defense Attorney Jeff Miller files a Motion to Dismiss based on a Speedy Trial violation.

Result: After hearing Motion to Dismiss is ALLOWED. Case dismissed.

Worcester Superior Court

The client was charged with Felony Rape. If convicted, the client faced up to 20 years in state prison and would be required to register as a sex offender. The client and the alleged victim were friends for about six years. The alleged victim had been out partying with another friend on the night of the incident. When they left the bar, they went to the client’s house to ‘hang out.’ Several people left the apartment. Only the client and the alleged victim remained. The alleged victim states she fell asleep on the couch and woke up on the client’s bed. Her panties were on the floor, his fingers were in her vagina and he had a condom on his penis. The client denied she was ever in his bed and she was gone from the apartment when she awoke. Massachusetts Sexual Assault Attorney Jeff Miller prepares for trial.

Result: The jury finds the client NOT GUILTY.

Chelsea District Court

The client was alleged to be involved in a large fight between several women. According to the police, the client pulled a knife and threatened a woman at knife point. Attorney Jeff Miller prepares the case for trial.

Result: Case dismissed on the day of trial.

Chelsea District Court

The client was charged with assault and battery with a dangerous weapon and larceny from a person. According to the alleged victim, the client lured him into his backyard to smoke marijuana. When the alleged victim got to the backyard, two other men were waiting. The three men pulled knives and demanded money from the alleged victim. Revere, MA Criminal Defense Attorney Jeff Miller investigates the case and learns of some significant inconsistencies. Attorney Miller prepares for trial.

Result: Case dismissed on the day of trial.

Chelsea District Court

The client was accused of receiving a stolen motor vehicle, receiving stolen parts from a car, larceny of a motor vehicle and possession of burglarious tools. According to the police, the client and another man drove to a residential neighborhood in the City of Chelsea. When they arrived, they began stripping a car that was parked in a driveway between two houses. The car doors were removed from the vehicle along with the engine. A neighbor called police. When police stopped the client’s car, car door, mirrors and numerous car parts were found in the vehicle. The client testified his friend informed him that he had bought the car parts on Craigslist and needed help picking them up. Chelsea Criminal Defense Attorney Jeff Miller prepares for trial.

Result: The jury returns a verdict of NOT GUILTY.

Chelsea District Court

The client is a resident at an apartment building. The building maintenance man had a grudge against the client. On the day of the incident, the maintenance man claimed the client pushed him inside the building at the elevator. Chelsea Assault and Battery Defense Lawyer Jeff Miller prepares the case for trial.

Result: On the day of trial, case dismissed. The Client maintains a clean record.

Suffolk Superior Court

The client was charged with a variety of firearm offenses and as a Level III armed career criminal. The client was a backseat passenger in a car that was stopped for driving without its’ lights illuminated. Two officers approach the car and request identification from the three passengers. The client checks for identification and states he does not have any. While waiting, the officer shines the flashlight throughout the interior of the car. He does not see any contraband. The officer returns to his cruiser while keeping an eye on the client the entire time. When he returns to the car, the officer shines his flashlight again into the car and sees a Tech-9 firearm on the floor behind the driver.  Boston, MA Firearm Defense Attorney Jeff Miller prepares for trial.

Result: The Jury finds the client NOT GUILTY.

Chelsea District Court

The client was charged with Felony Larceny from a Person. The client and another woman had been partying. The alleged victim stated the client took $160 from her. She called the police. When the police arrived, the client was returning $31 to her. The client denied stealing any money from the alleged victim. Chelsea, MA Criminal Defense Attorney Jeff Miller investigates the case and prepares for trial.

Result: On the day of trial, Prosecutor files a Nolle Prosequi, ending the prosecution of the case.

Chelsea District Court

The client was charged with open and gross lewdness and lewd wanton and lascivious conduct. The client was inside a Target store shopping. A security guard alleged he saw the client pull his penis from his pants and masturbate in the camping aisle. At trial, the security guard testified he crouched down at the end of the aisle, looked around the corner and saw the client masturbating. Video surveillance was retrieved from the Target store. Chelsea Sex Offense Attorney Jeff Miller prepares for trial.

Result: The jury returns a verdict of Not Guilty.

Waltham District Court

The client was charged with 2 counts of indecent assault and battery. The alleged victim stated the client touched her vagina and her breasts while in front of his house. The allegations were highly offensive and used offensive language. Boston area Criminal Defense Lawyer Jeff Miller investigates the case and finds the alleged victim had stolen over $40,000 from the client. Attorney Miller uncovers the motive and prepares for trial.

Result: On the day of trial, the alleged victim asserts her Fifth Amendment right and refuses to testify.

Boston Municipal Court
Roxbury Division

The client was a passenger on an MBTA Bus. While the client was talking to her friend on her cellphone, the alleged victim was involved in an argument with the client. The client and the alleged victim were unknown to each other. The alleged victim stated that the client hit her when they exited the bus. Boston Criminal Defense Attorney secures the MBTA video that reveals no such incident.

Result: Case dismissed on the day of trial.

Chelsea District Court

The client and another man were allegedly drinking at his apartment. A woman who was known to the client stopped by his house and joined the client and the other man. A sexual encounter occurred between the alleged victim, the client and the other man. The alleged victim was later kicked out of the apartment when she became too drunk. The alleged victim went to the police station and told them she had been raped. The client was charged with Aggravated Rape and faced a 10-year mandatory minimum sentence in state prison. Boston Rape Defense Lawyer Jeff Miller investigates the case.

Result: The prosecutor files a Nolle Prosequi and ends the prosecution of the client.

Boston Municipal Court
Central Division

The client was charged with one count of aggravated rape. The police alleged he forced a woman who he had been dating to have sex. The alleged victim reported the incident after she arrived at the hospital. Boston Sexual Assault Defense Attorney Jeff Miller convinces the prosecutor to reduce the charge to remain in the District Court. The charge is reduced and Attorney Miller prepares for trial.

Result: Case dismissed on the day of trial.

Chelsea District Court

The client was charged with domestic assault and battery. The police alleged the client struck his girlfriend after a night on the town. Chelsea Criminal Defense Lawyer Jeff Miller prepared the case for trial, which was dismissed on the day of trial. After several months, Attorney Jeff Miller filed a motion to seal the record.

Result: Motion to Seal Allowed.

Chelsea District Court

The client was charged with felony malicious destruction of property, leaving the scene of property damage, providing a false motor vehicle document and several motor vehicle infractions. The police alleged they were following a car when the car turned into a driveway at an apartment building. As the client approached a closed garage door, the client and two other passengers opened the door and got out of the vehicle while the car drifted into the garage door. Chelsea Criminal Defense Attorney Jeff Miller seeks discovery of evidence relating to the damage as well as any evidence to demonstrate the client acted with cruelty, hostility or revenge as required by the statute. Criminal Defense Lawyer Jeff Miller prepares a motion to dismiss and sets the case for trial.

Result: On the day of trial, the Commonwealth concedes the motion to dismiss. Client receives a small fine for one of the motor vehicle offenses.

Chelsea District Court

The client was charged with Disorderly Conduct and Resisting Arrest. According to the Commonwealth, Police responded to a home for a report of a domestic assault. When Officers arrived, they observed the client and his girlfriend inside the foyer of a multi-unit apartment building. Officers stated they appeared to be engaged in an argument. The officer ordered the client out of the hallway. The client asked why? The officer placed him under arrest for disorderly conduct. While attempting to handcuff the client, the officer alleged the client pulled his arms away. Chelsea Criminal Defense Lawyer Jeff Miller prepares for trial.

Result: NOT GUILTY

Boston Municipal Court
Roxbury Division

The client was charged with Assault with a dangerous weapon, to wit: firearm, criminal harassment and Assault and Battery with a Dangerous weapon causing serious bodily injury. These charges stem from three separate incidents over a period of approximately three weeks. When the client was arraigned on the first charge, she was outfitted with a GPS tracking device. On the third incident, the alleged victim was severely beaten. When police responded to the hospital, the alleged victim stated multiple people jumped out of a car and attacked her. She named the client by name. The client’s bail was revoked and she was ordered held without bail for 90 days. Roxbury Criminal Defense Lawyer Jeff Miller obtains the GPS data for the date and time of the incident. The data reveals the client was not near the location of the incident at the time of the incident. Boston Criminal Defense Lawyer Jeff Miller files a Motion to Reconsider the Bail Revocation. In a very rare instance, the Judge ALLOWS the motion to reconsider and the client is released on bail. Attorney Miller prepares for trial.

Result: On the day of trial, all three cases dismissed.

Boston Municipal Court
Roxbury Division

The client was charged with Felony Unarmed Robbery. The police alleged the client robbed another woman of her cellphone and several hundred dollars on the platform of an MBTA station. The alleged victim had cuts and abrasions consistent with being involved in an altercation. The client did not have any of the property alleged to have be stolen when the police apprehended him within minutes of the alleged incident. The charged is reduced to Larceny from a Person. Boston Criminal Defense Lawyer Jeff Miller prepares the case for trial.

Result: On the day of trial, the case is dismissed.

Chelsea District Court

The client was charged with Felony indecent assault and battery on two separate occasions via claims from two separate victims. The client is not from the United States and did not speak English. Massachusetts Sexual Assault Defense Lawyer Jeff Miller visits the scene and interviews the witnesses. Attorney Miller prepares the case for trial.

Result: On the day of trial, the case is dismissed. Client avoids the requirement of registering as a Sex Offender.

Boston Municipal Court
Roxbury Division

The client was charged with Felony Unarmed Robbery. The Commonwealth alleged the client pulled a knife on another man and stole his cellphone. Massachusetts Robbery Attorney Jeff Miller investigates the case and finds an independent witness who provides valuable information for the defense of the case. Massachusetts Robbery Attorney 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 Domestic Assault and Battery on her husband. The client and her husband were going through a divorce. The client went to he husband’s house to drop of her child. During the exchange, an incident occurred leading to both the client and her husband being charges. Boston Domestic Assault Defense Lawyer Jeff Miller prepares for trial.

Result: On the day of trial, case dismissed.

Boston Municipal Court
Roxbury Division

The client was charged with Felony Assault with a dangerous weapon and resisting arrest. On the day of the incident, the client was experiencing a mental health episode. A family member called police. When police arrived, the client was holding a knife in a ‘menacing’ manner toward the police. Police subdued him and arrested him. While arresting him, the client resisted their attempt to place him in custody. Boston Criminal Defense Lawyer Jeff Miller has client evaluated for criminal responsibility.

Result: The client is deemed not criminal responsible due to the occurrence of a psychotic episode during the time of the incident. The Prosecution does not challenge the finding and the case is dismissed.

Chelsea District Court

The client was charged with Felony Possession of a loaded firearm and Possession with Intent to Distribute Marijuana within 300 feet of a school. Officers alleged they received information from a confidential informant that the client was selling marijuana from his home. The police conducted three controlled buys with the confidential informant. Officers applied for a two search warrants, one for the client’s apartment and one for the person of the client. When police executed the search warrant, they observed the client walking on the street in the area of the client’s home. Police stopped him and recovered a firearm from him. Massachusetts gun suppression lawyer Jeff Miller files a motion to suppress the search of both the client and his home.

Result: Motion to Suppress allowed as to the person of the client.

Boston Municipal Court
Roxbury Division

The client was charged with Felony Possession with intent to distribute a Class A substance, to wit: Heroin. Members of the Boston Police Drug Control Unit were working in the Humbolt Avenue area of Roxbury in an undercover capacity. Officers observed the client driving on Humbolt. While stopped in traffic, officers observe a man known to them for being involved with “firearms” enter the passenger seat. Officers follow the client and see him drop the man off after a short-period of time. Officers follow the client and see another man enter his car for a short-period of time and then exit. Officer believe their observations are what they characterize as a “meaningless ride.” They stop the client’s car and search him. They seize what is alleged to be heroin inside his pants. Boston Drug Suppression Attorney Jeff Miller files a Motion to Suppress the evidence as the search was unconstitutional.

Result: After hearing, the Motion to Suppress is ALLOWED.

Chelsea District Court

The client was charged with Felony Assault and Battery with a Dangerous weapon. The Commonwealth alleged the client had taken a knife into a bedroom and held it to his roommate’s body while the roommate was sleeping. Chelsea, MA criminal Defense Attorney investigates the charge and prepares for trial.

Result: Case dismissed on the day of trial.

Quincy District Court

The client was driving in the area of Milton, MA in the early morning hours. The client was alleged to have stuck a fire hydrant, bushes and a sign pole. When Police arrived, the client was parked off to the side of the road a short-distance away. The client stated he did not have any recollection of what occurred because he had passed out. The officer put the client through a series of field sobriety tests to determine if he was under the influence. The client passed the test. The client was summonsed to court for a clerk-magistrate’s hearing to determine if a criminal complaint would issue. The client had visited the hospital the day of the incident and it was determined that he had fainted due to a severe cough. Massachusetts Clerk-Magistrate hearing defense Attorney Jeff Miller prepares for the hearing.

Result: Quincy Criminal Defense Attorney convinces Clerk-Magistrate not to issue a complaint. Application for complaint denied.

Chelsea District Court

The client was charged with possession of Oxycodone. According to police, officers were surveilling an area known for drug activity in the City of Chelsea, MA. Officers were parked in a car in plain clothing. They observed the client drive into a parking lot and back into a space approximately two cars from the police officers. A short-time later, officers observed another car pull into the lot and park next to the clients’ car. The client exited the car and walked over to the front passenger seat of the second car. Officers observe some sort of exchange and the client exists the car a short-time later. The client returns to her car. A police officer approaches her car, knocks on the window and immediately asks her what she “just bought.” Fearful, the client did not answer. The officer asked her a second time. She stated she had purchased drugs. The officer ordered her to give him what she bought. Boston drug Defense Lawyer Jeff Miller prepares a motion to suppress the drugs and a motion to suppress her statements.

Result: After a hearing on the motion to suppress, the Motion to Suppress the statements is ALLOWED. After hearing, the Motion to Suppress the drugs is ALLOWED. Case dismissed.

Chelsea District Court

The client was charged with assault and battery on a family/household member. While this is a misdemeanor charge, recent changes to the statute require completion of a Certified Batterer’s Intervention Program (this is a very onerous and often times demeaning program for the client). According to the Commonwealth, the client and his girlfriend were engaged in a physical altercation while staying at a hotel. Chelsea Domestic Assault Attorney Jeff Miller investigates the case and prepares for trial.

Result: Case Dismissed on the day of trial.

Suffolk Superior Court, Boston, MA

The client was charged with one count of Felony Rape. If convicted, the client faced up to 20 years in state prison. In addition, the client would have to register as a sex offender. The client was employed at a local bar. Because of a large snowstorm, the bar arranged for hotel rooms for the employees. A group of employees walked to a local hotel after the bar closed. A bar manager was among the employees staying at the hotel. The alleged victim stated the client had entered her room and raped her while she was sleeping. The client gave a statement to the police denying he had been in the alleged victim’s room of that he had sex with her. DNA testing showed the presence of the client’s semen. Massachusetts Rape Defense Attorney prepares for trial. Among the issues at trial piercing the rape shield law. This is a difficult task. Boston Rape Defense Attorney Jeff Miller successfully argues to allow evidence piercing the Massachusetts Rape Shield Statute.

Result: After a week long Jury Trial, a Suffolk Superior Court Jury finds the client NOT GUILTY. The Jury returned its’ verdict after about 90 minutes of deliberation.

Chelsea District Court

The client was charged with Assault and Battery on a family/household member, witness intimidation and threats to commit a crime. According to the Commonwealth, the police received a call from a friend of the alleged victim. The caller stated she was afraid to go into her apartment where her boyfriend, the client was staying. When police arrived, the alleged victim was outside the apartment crying and shaking. She told police she had not been home in several days and was afraid to go inside as her boyfriend had assaulted her in the past. The Commonwealth moves for a dangerousness hearing. After the hearing, the client is held without bail as dangerous up to trial. Massachusetts Domestic Assault Defense Lawyer Jeff Miller prepares for trial.

Result: On the day of trial, Attorney Miller files a motion to dismiss the witness intimidation charge. Motion to Dismiss the witness intimidation charge ALLOWED. Attorney Miller answers ready for trial. Case dismissed. The client is released from custody.

Chelsea District Court

The client was charged with felony-unarmed robbery. This charge carries the possibility of life in state prison. The Commonwealth alleged that the client and another man participated in a street robbery of the alleged victim. When the police arrived, he provided police with a description of his attackers. The client and another man were located a few blocks away and charged. The charge was eventually reduced to larceny from a person. Massachusetts Criminal Defense Attorney Jeff Miller prepares for trial.

Result: On the day of trial, case dismissed.

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