Trials

 

Suffolk Superior Court

The client was charged with Felony Drug Trafficking of Cocaine. The client was at home when 2 men entered his apartment in an apparent Home Invasion. The men had guns and knives. The client received a gash under his eye when pistol whipped by one of the home invaders. The client was able to escape. When police arrive, they observe a scale, white powder residue and numerous cut corners from baggies in the apartment. The police obtain a search warrant and seize approximately 25 grams of cocaine from a sunglasses case on the window sill of the client’s bedroom. Boston Drug Trafficking Lawyer Jeff Miller obtains surveillance video from cameras outside the building. This was critical evidence at trial to demonstrate the client’s roommate had moved out the night before. Further, there was evidence supporting the conclusion that the roommate orchestrated the home invasion to retrieve the drugs he had left behind the day before.

Result: Jury finds the client NOT GUILTY.

Boston Municipal Court
Roxbury Division

The client was involved in an ongoing dispute with a neighbor. The neighbor alleged the client threatened to shoot him. The client is summonsed to court to answer on threats to commit a crime. Boston Criminal Defense Attorney Jeff Miller prepares for trial.

Result: Jury finds the client NOT GUILTY

Chelsea District Court

The client was charged with Assault & Battery on a Family/Household member. The client and his girlfriend attended separate parties on New Year’s Eve. After midnight, the client picked up his girlfriend from the party she was attending. She was intoxicated. The client and the girlfriend got into an argument about her level of intoxication. While crossing the street, the alleged victim tripped and fell. A police officer was rounding the corner at the time. The officer claimed the client pushed her to the ground. Massachusetts Domestic Assault Attorney Jeff Miller prepares for trial.

Result: NOT GUILTY verdict by the jury.

Chelsea District Court

The client was involved in a tumultuous relationship with his ex-girlfriend. The client had been engage in a relationship with her for over a decade. The alleged victim had a restraining order against the client prohibiting contact with her. The Commonwealth alleged the client visited her work, while she was not there and communicated with her boss telling the boss to relay information to the alleged victim. This alleged third-party contact was the alleged violation of the restraining order. Restraining order violation defense lawyer Jeff Miller prepares for trial.

Result: Jury finds the client NOT GUILTY.

Chelsea District Court

The client had rented an apartment. The landlord was remodeling the apartment while the client was living there. The landlord began work at approximately 7:00 a.m. and was playing the radio loudly. The client became upset and smashed the radio. The landlord also alleged the client told him she would burn the house down. The client was arrested for malicious destruction of property under $250, which she admitted to and threats to commit a crime, which she denied. Chelsea, MA Criminal Defense Lawyer prepares for trial.

Result: NOT GUILTY on threats charge, Guilty, probation on malicious destruction under $250.

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.

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 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.

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 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.

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

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 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 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.

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.

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.

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.

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.

Boston Municipal Court
Roxbury Division

The client was charged with Felony Assault and Battery by means of a dangerous weapon.  The complaining witness alleged the client flipped a table and struck her in the chest during an argument.  Boston Assault and Battery by Means of A Dangerous Weapon Lawyer Jeff Miller investigates the facts. The investigation reveals significant credibility issues of the alleged victim.  Roxbury, MA Assault and Battery Attorney Jeff Miller prepares for trial.

Result:  After three-day trial, NOT GUILTY.

Quincy District Court

The client was charged with Operating a motor vehicle under the influence of intoxicating liquor (OUI).  Police alleged the client was sleeping inside her car in a fast food parking lot.  Police approached the car and noted the engine was running and the lights of the car were illuminated.  The officer removed the client from the car and administered field sobriety tests.  The client was placed under arrest.  Massachusetts OUI Defense Attorney Jeff Miller prepares for trial.

Result:  Jury finds client NOT GUILTY. 

Boston Municipal Court
Central Division

The client was charged with Domestic Assault and Battery and Malicious Destruction of Property.  The client and the complaining witness had recently ended a three year relationship.  During an attempted reconciliation, the alleged victim claimed the client threw her up against a refrigerator and held her there by the throat.  Two independent witnesses testified to a similar account.  Boston Assault and Battery Lawyer Jeff Miller prepares for trial.

Result:  After jury trial, jury finds the client NOT GUILTY on all counts.

Chelsea District Court

The client was charged with Felony Assault by means of a dangerous weapon.  The Commonwealth alleged the client pulled a straight razor from his pocket when approached by a police officer.  The officer testified the client threw the straight razor over his head during the altercation causing him fear.  Chelsea MA Felony Assault Lawyer Jeff Miller prepares for trial.

Result:  Not Guilty after Jury Trial.

Suffolk Superior Court

The client was charged with Felony Armed Robbery, Felony Assault and Battery by means of a Dangerous Weapon; to wit: Knife and Felony Assault and Battery on a person with a Disability.  The Commonwealth alleged the client and a co-defendant robbed and stabbed the alleged victims in the case.  No arrest was made for several weeks.  Boston Armed Robbery Defense Lawyer Jeff Miller prepares misidentification aand 3rd party culprit defense.  The case involved extensive investigation and discovery to prepare for trial.  The 3 1/2 week trial included testimony from over 30 witnesses, including several expert witnesses.

Result:  Jury returns NOT GUILTY verdict on all counts.

Boston Municipal Court
Roxbury Division

The client was charged with violation of a restraining order in violation of MGL chapter 209A.  The Commonwealth alleged the client had contacted the alleged victim by telephone thereby violating the no contact provision of the restraining order.  209A Defense Attorney Jeff Miller investigates the case.  Roxbury Criminal Defense Lawyer Jeff Miller learns of an ongoing problem stemming from a bad break-up between the client and the alleged victim.  Restraining order defense attorney Jeff Miller prepares for trial.

Result:  After jury trial, Not Guilty.

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

The defendant was charged with Operating under the influence of liquor, second offense and negligent operation of a motor vehicle.  The government alleged a police officer observed the defendant and her passenger changing a flat tire alongside the road.  The officer stopped to assist.  While speaking with the defendant the officer observed the defendant to be unsteady on her feet, smelled a strong odor of alcohol and noted her eyes were bloodshot and glassy.  The passenger informed the officer the defendant was the driver of the car.  Prior to trial, Attorney Miller files motion to dismiss negligent operation charge.  Prosecutor concedes motion.  Attorney Miller prepares for trial.  During preparation, Attorney Miller drafts motion in limine to exclude the statement of the passenger.  On day of the trial, the trail Judge ALLOWS the motion to exclude the statement.  At trial, the booking officer testifies he was unable to fingerprint the defendant during booking due to the perceived level of intoxication.

Result:  Jury finds defendant NOT GUILTY

Wrentham District Court

The defendant was charged with operating under the influence of intoxicating liquor, second offense.  The government alleged the defendant was involved in a car accident while leaving a crowded area.  The Trooper who was directing traffic walked to the accident site within a few seconds after the accident.  The Trooper testified the defendant had difficulty reciting the alphabet and appeared to be unsteady on his feet.  The Trooper also smelled the odor of “digested alcohol.”  Attorney Miller retains a doctor specializing in traumatic brain injury.  The doctor testifies about the possible effects of a traumatic brain injury suffered by the client approximately 10 years earlier.

Result:  Jury finds defendant NOT GUILTY

Chelsea District Court

The defendant was charged with possession of burglarious tools, breaking and entering and attempt to commit a crime.  All three charges are felonies.  The government alleged a neighbor called the police and reported two men were breaking into the house next door.  The police respond to the address.  As the officer is walking to the back of the house, a neighbor states “be careful, one of them has a knife.”  Police observe the defendant in the backyard, looking into the engine compartment of an old truck in the backyard.  Attorney Miller prepares for trial.

Result:  Jury finds defendant NOT GUILTY of all charges.

Chelsea DIstrict Court

The defendant was charged with operating under the influence of liquor.  The government alleged the police received an anonymous 911 call stating a certain car was “all over” the road.  The unknown caller forced the defendant to the side of the road when they entered into a rotary.  The unknown caller remained at the scene until police arrived and then yelled out the window, the defendant was drunk and left without making himself known.  The officer performed field sobriety test and concluded the defendant failed the tests.  During booking, the defendant apologized for drinking and driving.  Attorney Miller files a motion to suppress and unknown caller effected a defacto arrest without authority.  The motion Judge denied the motion to suppress.  Attorney Miller prepares for trial.

Result:  Jury finds defendant NOT GUILTY

Boston Municipal Court
Central Division

The defendant is charged with felony possession of a firearm.  The government alleged the defendant was the owner and the driver of a car stopped by police.  Six other people were in the car at the time of the stop. The gun was located under the driver’s seat.  Attorney Miller files a motion to dismiss and motion to suppress.  After hearing both motions are denied.  Attorney Miller prepares for trial.

Result:  Jury finds defendant NOT GUILTY on all counts.

Boston Muncipal Court
Brighton Division

The defendant is charged with operating under the influence of liquor.  The government alleged the defendant was stopped for a broken taillight.  The officer smells the odor of alcohol and observes the defendant’s eyes to be bloodshot and glassy.  The officer alleges the defendant fails the field sobriety tests.  The defendant blows a .10 breath test at the station.

Result:  NOT GUILTY

Boston Municipal Court
Dorchester Division

The defendant is charged with possession of a class D substance with intent to distribute, within 1000 feet of a school and possession of class D.  The government alleged they responded to a domestic violence call.  The caller informed police the defendant, an old boyfriend, was sitting in front of her house in a car.  The caller provided a description of the car and informed police he may have a gun.  Upon arrival, the police remove the defendant from the car and search the car for weapons.  During the search the police seize four pounds of marijuana.  Attorney Miller prepares for trial.

Result:  Jury finds defendant NOT GUILTY of possession with intent and school zone violation.  Jury finds defendant guilty of simple possession of marijuana.

Chelsea District Court

The defendant is charged with felony aggravated assault and battery.  The government alleged the defendant punched the alleged victim in the face twice.  The aggravating factor was an active restraining order.  EMT’s and police respond and observe the alleged victim with a bloody nose.  Attorney Miller prepares for trial.  At trial, the alleged victim testifies the defendant punched her in the face twice.

Result:  Jury finds defendant NOT GUILTY on all counts.

Boston Municipal Court
Central Division

The defendant is charged with felony assault and battery with a dangerous weapon and assault and battery.  The government alleged the defendant was the perpetrator of a stabbing in a mele outside a local nightclub.  The defendant and four co-defendants stood accused of the crime.  Attorney Miller prepares for trial.

Result:  Jury finds defendant NOT GUILTY on all counts.

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