Other Cases

Boston Municipal Court
West Roxbury

Arson Malicious Destruction of Property

The client was charged with Arson. The police alleged she intentionally started a fire in her apartment. When police responded to the apartment, they observed multiple candles burning along with a pile of clothing on the client’s bed. Massachusetts Arson Attorney Jeff Miller investigates the case.

Result: Attorney Miller persuades the Prosecutor to give the client pretrial probation for 60 days. No admission of wrongdoing. No admission of guilt. After 60 days, the case is dismissed.

Boston Municipal Court
Roxbury Division

Trespassing

The client was alleged to be loitering in a public area in Roxbury. The police approached the client and charged him with trespassing. Boston Criminal Defense Lawyer Jeff Miller drafts a motion to dismiss the trespassing charge.

Result: The Commonwealth concedes the motion to dismiss. Case dismissed.

Chelsea District Court

Malicious Destruction of Property

The client is involved in an argument with his ex-girlfriend. The police allege they observe a man running after a car in the street of Chelsea. When the car stops at a red light, officers observe a man punch the window of the car, break the glass and strike the driver. The police apply for a criminal complaint charging the client with malicious destruction of property, and domestic assault & battery. Attorney Miller prepares the case for trial.

Result: On the day of trial, case dismissed.

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.

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 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.

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.

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. 

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 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 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 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.

Boston Municipal Court
Roxbury Division 

The client was charged with threats to commit a crime, criminal harassment and a civil rights violation.  The prosecutor alleged the client made multiple phone calls to a business that included several threats.  Boston Criminal Defense Attorney Jeff Miller has client evaluated for competence to stand trial.  The client is found not competent.  The prosecutor exercises their right to keep the case open.  Attorney Jeff Miller files a motion to dismiss in the interest of justice.

Result:  After hearing, Motion to Dismiss ALLOWED, in the interest of justice.

Boston Municipal Court
Roxbury Division

The client was charged with making false 911 calls.  The Commonwealth alleged the client had made a series of calls to 911, 29, over a period of three months.  In each call the client stated his neighbor was playing loud music.  When police repsonded, they heard no music.  Roxbury Criminal Defense Attorney Jeff Miller prepares for trial.

Result:  Roxbury Criminal Defense Attorney Jeff Miller negotiates pretrial probation.  No admission, no criminal conviction for client.

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.  Boston Criminal Defense Attorney Jeff Miller files a motion to convert the criminal trespass charge to a civil offense.

Result:  Judge ALLOWS motion to treat as a civil offense, no criminal record resulting from this offense.  $100 fine.

Chelsea District Court

The client was charged with, among other things, Felony 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.  Motion to Dismiss Attorney Jeff 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.

Chelsea District Court

The client is charged with Felony Malicious Destruction of Property with a value over $250.  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.  Chelsea Criminal Defense Attorney Jeff 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, among other things, Attempt to Commit a Crime.  Chelsea Criminal Attempt Defense Lawyer Jeff 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 contacts Attorney Miller and informs him a restraining order is listed on his record in error.  Motion to Seal Criminal Records Attorney Jeff Miller investigates and is able to prove the order issued in error.  Attorney Miller files a motion to remove the restraining order from the client’s record.  The motion Judge ALLOWS the motion.

Result:  Restraining order removed from client’s record.

Boston Municipal Court
Central Division

The defendant is charged with Felony Possession of Burglarious Tools and trespass.  At arraignment, defense counsel orally moves to preserve videotape evidence from parking garage where alleged incident occurred.  The arraignment Judge allows the motion.  The government fails to notify the parking garage and video evidence is lost.  Motion of Lost Evidence Attorney Jeff 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.

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.  Massachusetts Criminal Defense Attorney Jeff 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.

Boston Municipal Court
Dorchester Division

The defendant is charged with Attempt to Commit a Crime.  The government alleged they received a call from a citizen in the Dorchester section of Boston.  The citizen reported hearing her car alarm sounding.  When she looked out the window, she observed the defendant about 10-15 feet from her car.  Criminal Attempt Defense Lawyer Jeff Miller files a motion to dismiss stating insufficient probable cause to charge the defendant.

Result:  After hearing, motion to dismiss ALLOWED.  Case dismissed.

Chelsea District Court

The defendant was charged with simple Possession of Marijuana.  The date of offense was a few months before the decriminalization of possession of less than one ounce of marijuana.  Chelsea Drug Crime Defense Attorney Jeff Miller files a motion to treat the offense as a civil infraction as permitted under Mass. Gen. Laws. ch. 277, § 70C.

Result:  Judge allows motion, converts to civil offense, fines defendant $100.

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