December 31, 2007
Boston Municipal Court
Central Division
Docket No. 9801-CR-2782
Client was given pre-trial probation for a shoplifting case in 1998. The charge was ultimately dismissed after he successfully completed probation in 1999. In 2007, Client hired Attorney Yannetti to petition the court to seal the official records regarding this case. Today, Attorney Yannetti instead brought a motion for new trial, which the judge allowed. Attorney Yannetti then convinced the judge to return a verdict of "Not Guilty." Result: Motion for New Trial Allowed, Client found Not Guilty.
December 20, 2007
Boston Municipal Court
Brighton Division
Docket No. 0708-CR-1697
Client, a 21 year-old college student, had too much to drink while partying one night. When she arrived at her boyfriend's condo complex at about 2:45 a.m., she took a fire extinguisher off the wall and sprayed its contents all over the complex. A significant amount of damage was done to property and motor vehicles as a result. The entire incident was caught on videotape. Charged with malicious destruction of property and disorderly conduct, Client hires Attorney Yannetti, who persuasively argues that Client should be treated leniently because she had been mugged and suffered a concussion within weeks of the incident. Attorney Yannetti succeeds in convincing the prosecutor to recommend pre-trial probation for Client. The judge agrees. This means that Client does not admit to any crime, and instead needs only to pay restitution and stay out of further trouble. The case will ultimately be dismissed with no repercussions for Client's record. Result: Case Dismissed.
December 19, 2007
Orleans District Court
Docket No. 0726-CR-0761
Client rented a motor vehicle which was then involved in a serious one-car accident. When the police arrived, Client's girlfriend was barely conscious in the front passenger's seat. Client was pacing back and forth on a nearby street. The investigating officer quickly concluded Client was drunk and brought him back to the scene of the accident. After speaking with eyewitnesses, the police charged Client with operating under the influence (OUI/DUI), leaving the scene of an accident after causing personal injury, and operating a motor vehicle recklessly. Client hires Attorney Yannetti, who ultimately schedules the matter for trial. Pre-trial, Attorney Yannetti files several motions in limine, asking the judge to exclude from evidence: (1) any identification of Client; and (2) his blood alcohol level. Attorney Yannetti also prepares a persuasive motion for required finding of not guilty. Today, Attorney Yannetti convinces the judge to dismiss all three charges over the objection of the prosecutor. Result: Case Dismissed.
December 10, 2007
Boston Municipal Court
Roxbury Division
Clerk's Hearing
Driving home from work shortly before midnight, Client crashed his car into a guardrail. When the state police arrived to investigate, a state trooper charged him with driving with a revoked registration and no insurance. Client hires Attorney Yannetti, who schedules a clerk's hearing on the application for a complaint. Today, Attorney Yannetti spoke with the state trooper prior to the hearing and demonstrated the efforts that Client took to rectify his registration and insurance problems. The state trooper and the assistant clerk magistrate then agreed that no complaint should be issued against Client. Client's record therefore remains completely clean. Result: Application for Complaint Dismissed.
November 27, 2007
Somerville District Court
Docket No. 0710-CR-0771
Back in April, Attorney Yannetti successfully convinced a judge to dismiss this domestic assault and battery case for Client. Thereafter, Client re-hired Attorney Yannetti to petition the court to seal the official records regarding this case. Today, Attorney Yannetti convinces the judge to permanently seal the records. As a result, Client can now truthfully answer on any job or school application that he has never been arrested, charged or convicted of any crime. Result: Case Permanently Sealed.
November 2, 2007
Framingham District Court
Docket No. 0749-CR-2687
Client, a 43 year-old local businessman, was charged with assault and battery by means of a dangerous weapon (a felony) and disorderly conduct as a result of a confrontation he allegedly had at a gas station in July. The police alleged that Client became angry when another customer cut in front of him in the gas line, that Client caused a scene, and that Client wound up pinning the other customer against his own car by striking him hard with the car door. Within days of the incident, Client hired Attorney Yannetti, who in turn sent out an investigator to uncover the true facts. Attorney Yannetti's investigator learned from eyewitnesses that the police version of events was in fact untrue, and that no assault and battery had taken place. Today, the prosecutor confirmed in open court that the alleged "victim" was never struck at all. The prosecutor therefore agreed to dismiss the ABDW charge. Regarding the disorderly person charge, the prosecutor recommends a year of probation with mandated anger-management counseling for Client. Attorney Yannetti objects. The judge then agrees to continue the disorderly charge without making a finding of guilty. Client only needs to pay $180.00 in court costs and the charge will be automatically dismissed in only two months time. Result: The most serious charge against Client is Dismissed, and Client Avoids a Criminal Conviction on the remaining charge -- which will also be Dismissed two months from now.
October 26, 2007
Framingham Juvenile Court
Docket Nos. DL07-F-0395-397 and DL07-F-0406
Client, a 16 year-old girl, had a clerk's hearing in February regarding an allegation that she had committed an assault and battery upon a police officer. The assistant clerk magistrate at the time found that probable cause existed for the complaint to issue, but agreed not to charge Client with the crime as long as she stayed out of trouble for six months. Six weeks later, however, Client was arrested outside her parents home with alcohol and cocaine, and allegedly resisted arrest again. As a result, Client was arraigned in court and faced four criminal charges as a result of the two above altercations. Client's parents hired Attorney Yannetti, who advised them to place Client in a therapeutic and secure school out of state. Over the course of several months, Client was treated for newly diagnosed emotional disorders. Today, after advocating for Client with the prosecutor and producing proof of Client's progress, Attorney Yannetti succeeds in convincing the prosecutor to recommend pre-trial probation for Client. The judge agrees. This means that Client does not admit to any crime, and instead needs only to continue with her schooling and stay out of further trouble. The case will ultimately be dismissed with no repercussions for Client's record. Result: Case Dismissed.
October 19, 2007
Boston Municipal Court
Chelsea Division
Docket No. 0714-CR-1078
Client was charged with possession of narcotics after the police found him sleeping in a running motor vehicle. Client was with a friend, in the parking lot of a restaurant, in the middle of the day. The police alleged that upon approaching Client's motor vehicle, they spotted the drugs in a baggie, in plain view. Client hires Attorney Yannetti, who files a motion to suppress the evidence that was seized. Today, the motion to suppress was scheduled for a hearing. Result: Motion to Suppress Allowed, Case Dismissed.
October 17, 2007
Boston Municipal Court
Central Division
Clerk's Hearing
The Boston Police applied for a complaint against Client because he allegedly purchased marijuana from an undercover officer. Client, an attorney with a prestigious law firm, was embarrassed and petrified that the complaint would issue against him -- and therefore give him an entry on his criminal record. Today, Attorney Yannetti convinced the police officer and the assistant clerk magistrate that no complaint should be issued against Client. Client's record therefore remains completely clean. Result: Application for Complaint Dismissed.
October 10, 2007
Boston Municipal Court
Central Division
Docket No. 0701-CR-3180
Client was charged with assault and battery on a police officer as a result of a bachelor party melee. The altercation began when Client's friend assaulted a woman. When the police were called to investigate, Client allegedly grabbed an officer's arm and took a swing at him. A 28 year-old accountant, Client had a lot to lose if he were to be convicted of such a serious crime. Over the course of five months, Attorney Yannetti negotiates with the prosecutor and the police officer involved in the altercation. Today, Attorney Yannetti finally succeeds in convincing the prosecutor to recommend pre-trial probation for Client, and the judge goes along with it. This means that Client does not admit to any crime, and instead needs only to perform community service and attend 10 AA meetings. The case will ultimately be dismissed with no repercussions for Client's record. Result: Case Dismissed.
October 3, 2007
Framingham Juvenile Court
Clerk's Hearing
Client, a 15 year high school sophomore, was facing the issuance of a complaint against him for burning a park bench at a local skateboard park. Client's parents hired Attorney Yannetti, who advocates on his behalf with the police prosecutor handling the clerk magistrate's hearing. Today, Attorney Yannetti convinces the clerk magistrate not to issue the complaint -- despite her finding of probable cause. Instead, Client will perform 20 hours of community service and complete a fire-safety course. Client's record therefore remains completely clean. Result: Application for Complaint Dismissed.
September 26, 2007
Brookline District Court
Docket No. 0709-CR-0492
Last month, Attorney Yannetti successfully convinced a judge to dismiss this domestic assault and battery case for Client. Thereafter, Client re-hired Attorney Yannetti to petition the court to seal the official records regarding this case. Today, Attorney Yannetti convinces the judge to permanently seal the records. As a result, Client can now truthfully answer on any job or school application that she has never been arrested, charged or convicted of any crime. Result: Case Permanently Sealed.
September 17, 2007
Stoughton District Court
Docket No. 0755-CR-1388
Client, a high school senior, was charged with Rape as a result of an encounter that allegedly occurred back in May and involved a female classmate. Client hires Attorney Yannetti, who advocates for him and negotiates with the prosecutor over the course of several months. Eventually, the prosecutor agrees to hold a probable cause hearing in district court before presenting any evidence to a grand jury for possible indictment. Today, the alleged victim fails to appear in court for the probable cause hearing. Attorney Yannetti succeeds in convincing the prosecutor to file a "nolle prosequi" regarding the case -- which is the equivalent of a dismissal. Result: Case Dismissed.
September 14, 2007
Leominster District Court
Docket No. 0761-CR-0169
Attorney Yannetti represented Client back in May and succeeded in convincing the court to dismiss the charges of operating under the influence of drugs and possession of a class E controlled substance. Client instead received a continuance-without-a-finding on charges of operating a motor vehicle negligently and possession of a class B controlled substance. Client proceeded to successfully complete only two months of probation before failing two random drug tests in July by being caught with cocaine in his system. Client then re-hired Attorney Yannetti, who helped Client into drug treatment and negotiated with his probation officers in two courts over the course of two months. Today, Client's probation officer surrendered him to the court for his probation violations -- but Attorney Yannetti convinced both the probation officer and the judge not to impose a guilty finding on either charge. Instead, his two charges will remain continued without a finding, to the original termination date of May 2008. Client needs only to be evaluated for further drug treatment and remain drug and alcohol-free until then. Result: Client surrendered for his probation violations, but still avoids any criminal conviction, as the continuance without a finding is not revoked.
August 29, 2007
Brookline District Court
Docket No. 0709-CR-0492
Client, a 25 year-old foreign national in the U.S. on a visa and hoping eventually to obtain her green card, was charged with domestic assault and battery for allegedly hitting and scratching her husband after a verbal argument. When the police arrested her at her home, they noticed that her husband had scratches around his neck and a laceration on his left forehead. The prosecutor refused to dismiss the case at the pre-trial conference early this month, so Attorney Yannetti marked the case up for trial. Attorney Yannetti answers ready for trial today, after having independently investigated the case and having determined that the police and prosecutor have no forensic evidence, nor any independent witness to the alleged crime. Before trial begins, Attorney Yannetti moves to dismiss the case pursuant to the desires of the alleged victim. Result: Case Dismissed.
August 28, 2007
Wareham District Court
Docket No. 0760-CR-2179
Client, a 35 year-old communications technician, was arrested for OUI after another motorist had called the State Police as a result of having witnessed Client weaving in his car all over the road. After being stopped, Client admitted to having 4-5 drinks, then proceeded to fail several field sobriety tests. The state trooper also found marijuana in his vehicle, adding a charge of "2nd offense possession of a class D controlled substance" to the complaint. Client hired Attorney Yannetti for three reasons: (1) to advance the case so that client could admit to the OUI charge and potentially obtain a "hardship" license as soon as possible; (2) to negotiate with the prosecutor in order to obtain a disposition that would allow Client to avoid a conviction for 2nd offense possession of a class substance -- which in turn would allow Client to avoid the one-year driver's license loss that would result from a conviction; and (3) to minimize the fees and fines to be imposed. Today, Attorney Yannetti succeeded in convincing the judge -- over the prosecutor's objection and despite Client's lengthy history of motor vehicle offenses -- to continue the OUI charge without a finding of a guilty. Attorney Yannetti also convinced the prosecutor to reduce the drug charge to simple possession of a class D substance, and not a subsequent offense. That allowed the judge to continue that charge without a finding as well. Finally, the prosecutor and judge agree to a "not responsible" finding on both civil infractions (marked lanes violation and driving a car with an open container of alcohol). Client therefore avoids $600 in additional penalties for those infractions. Result: Client avoids criminal convictions, avoids responsibility for civil infractions, and avoids a lengthy loss of his driver's license.
August 7, 2007
Lynn District Court
Docket Nos. 0613-CR-5817; 0613-CR-5832; 0613-CR-5843
Clients, an elderly woman and her two daughters, were all originally charged with shoplifting on a joint venture theory. Back in October 2006, all three women hired Attorney Yannetti, who succeeded in convincing the prosecutor and the judge to dismiss all three cases upon the payment of $100 court costs by each Client. All three Clients subsequently re-hired Attorney Yannetti to petition the court to seal the official records regarding these cases. Today, Attorney Yannetti convinces the judge to seal all of the records. As a result, each Client can now truthfully answer on any job or school application that they were never arrested, charged or convicted of these crimes. Result: Cases Permanently Sealed.
July 25, 2007
Boston Municipal Court
Brighton Division
Docket No. 0608-CR-1706
Client, a college student, was charged with assault and battery and civil rights violations for a publicized alleged attack on an African-American law student, as a result of which the law student was injured. Attorney Yannetti negotiates with the alleged victim's attorney, the assistant district attorney and the investigating police department until an agreement is reached. Today, an "accord and satisfaction" is filed with the court, and all of the very serious charges pending against Client are dismissed. Result: Case Dismissed.
July 20, 2007
Quincy District Court
Docket No. 0756-CR-0888
Client, a 29 year-old local man, was charged with assault and battery, intimidation of a witness and malicious destruction of property as a result of a bad break-up with his live-in girlfriend. He allegedly attacked her in a parking lot, grabbed her cellphone and smashed it on the ground when she tried to call the police, then destroyed her furniture and personal belongings in their apartment. After several months and several court dates, Attorney Yannetti first convinces the district attorney's office to dismiss both the assault and battery and intimidation of a witness charges. Then today, Attorney Yannetti convinces the judge -- over the prosecutor's objection -- to continue the remaining charge without making a finding for six months, with unsupervised probation. Client only needs to stay away from his ex-girlfriend, pay restitution for the damage personal property, stay out of further trouble and pay about $200 in court costs. The remaining charge will then be dismissed as well. Result: Client has the two most serious charges dismissed outright, and avoids a criminal conviction on the remaining charge.
July 18, 2007
Salem District Court
Docket No. 0736-CR-0154
Client, a 26 year-old college graduate, confessed to his employers that he had stolen nearly $5,000 worth of prescription pills over a series of months from the pharmacy at which he worked as a technician. Client was then charged in court with six counts of larceny of a drug -- a felony for which there is no district court jurisdiction. Attorney Yannetti first convinces the district attorney's office not to indict Client so that his case will remain in district court and not be transfered to superior court. Then today, Attorney Yannetti convinces the prosecutor to: (1) dismiss five of the six charges outright; (2) reduce the only remaining charge to simple larceny and (3) recommend a continuance without a finding on that remaining charge. Result: Client avoids indictment, has five of six charges against him dismissed, and avoids a criminal conviction on the remaining charge.
July 18, 2007
Waltham Juvenile Court
Clerk's Hearing
Client, a 15 year-old high school student, confessed at the police station to committing extensive graffiti damage in his home town -- to his school and local businesses. Client's parents hire Attorney Yannetti to negotiate with the police and to represent Client at his clerk magistrate's hearing. Today, Attorney Yannetti convinces the clerk magistrate not to issue a complaint against Client, thus preserving his criminal record. Client only needs to make restitution and perform 14 hours of community service and the application for complaint will be dismissed. Result: Application for Complaint Dismissed.
July 16, 2007
Suffolk Superior Court
Docket No. 2002-1326
Client, a 41 year-old man with a long criminal record, was held in jail without bail since May. Client had been placed on probation back in 2003 with a 2 ½ year suspended sentence hanging over his head -- then failed to report to his probation officer and did not comply with any of the terms of his probation. While on probation, Client was arrested for a new 2nd-offense OUI case, then was arrested again for an assault and battery case in which the police allege that Client had broken his girlfriend's leg. Client retained Attorney Yannetti in a desperate attempt to be released on bail until his probation surrender hearing -- which is only eleven days away. Today, Attorney Yannetti convinces a Suffolk Superior Court judge to release client on cash bail, with the stipulation that he wear an electronic bracelet and report to this probation surrender hearing as scheduled. Result: Client released on bail.
June 28, 2007
Marlboro District Court
Clerk's Hearing
Client, a mother of two who is in the process of applying for a green card, was facing a felony larceny charge as a result of allegedly stealing $317 worth of goods from a department store. If a complaint had issued against her today, it might have affected her immigration status. At the clerk magistrate's hearing today, Attorney Yannetti convinces the clerk magistrate and police prosecutor not to issue the criminal complaint. Client only needs to pay $100 in court costs and she avoids prosecution. Result: Application for Complaint Dismissed.
June 20, 2007
Natick District Court
Clerk's Hearing
Client, an immigrant applying for citizenship, was facing a felony larceny charge as a result of allegedly embezzling over $1600.00 from her employer. If a complaint had issued against her today, it would have stained her otherwise clean criminal record. At the clerk magistrate's hearing today, Attorney Yannetti convinces the clerk magistrate not to issue the criminal complaint. Client only needs to perform eight hours of community service and she avoids prosecution. Result: Application for Complaint Dismissed.
June 13, 2007
Boston Municipal Court
Central Division
Docket No. 0101-CR-0771
Client, a 45 year-old man with a long criminal record, was previously represented by another lawyer when he pled guilty to a felony charge of assault and battery by means of a dangerous weapon. Client was placed on probation at that time, with a 2 ½ year suspended sentence hanging over his head. While on probation, Client failed to provide a DNA sample, required of those who have been convicted of a felony. As a result, his probation was not terminated as scheduled. Client then was arrested for a new domestic assault and battery case where the police allege that he bloodied his girlfriend's mouth. Client was also arrested for an unrelated felony larceny case, where the police allege that he stole over $50,000 from an elderly couple. Client then hired Attorney Yannetti, who worked with the State Police and the Suffolk County Jail to allow Client to belatedly provide the required DNA sample. Today, Attorney Yannetti convinces Client's probation officer and the judge not to impose the 2 ½ year suspended sentence that Client was facing. Instead, Client's probation is terminated today and he avoids having to serve any time in jail despite the two new arrests. Result: Probation terminated and Client is discharged from further probation.
June 5, 2007
Boston Municipal Court
Brighton Division
Clerk's Hearing
Client, a college senior, was stopped twice for speeding in a two-week period. Regarding the first citation, Client paid the ticket (for driving 85 mph in a 55 mph zone) without contacting an attorney. The second officer to stop him, however, alleged that he was driving 73 mph in a 30 mph zone and charged him with the criminal offense of operating to endanger as well. At the clerk magistrate's hearing today, the officer testified that his department has issued 50,000 citations in the last 18 years and the previous "record" for the highest speed ever recorded on that road had been 71 mph. Nonetheless, Attorney Yannetti convinces the clerk magistrate not to issue a criminal complaint alleging operating to endanger, and to instead allow Client merely to pay the fine for speeding. Result: Application for Complaint Dismissed.
May 31, 2007
Leominster District Court
Docket No. 0761-CR-0169
Client, a professional driver who transports the elderly and the handicapped, was off-duty one night and arrested for operating under the influence of drugs, as well as possession of cocaine and pills. Client allegedly veered off the road and crashed into the woods. When the police arrived, Client was disoriented and paramedics reported that his heart was racing uncontrollably. The police found in his vehicle crack cocaine, as well as several unbottled prescription pills, including promethazine, alprazolam and cyclobenzaprine. Client admitted that the cocaine and pills were his. If convicted of OUI-drugs or either of the narcotics possession charges, Client's driver's license would have been suspended for one year. After several court dates, Attorney Yannetti convinces the prosecutor to (1) dismiss the OUI-drugs charge and allow Client to admit only to operating a motor vehicle negligently; (2) dismiss the possession of a class E controlled substance charge and allow Client to admit only to the possession of a class B controlled substance charge; (3) recommend that Client be found "not responsible" for the marked lanes civil motor vehicle infraction; and most importantly: (4) recommend that the operating negligently and possession class B charges both be "continued without a finding," meaning that Client will not lose his driver's license and will not ultimately have a criminal record if he complies with probation. The judge agrees to adopt the agreed-upon recommendation. Result: OUI-drugs and possession class E charges dismissed, Client retains his driver's license and avoids any criminal conviction.
May 24, 2007
Worcester District Court
Docket No. 0662-CR-11182
Client, a self-employed businessman, was investigated by the Attorney General's Office and a grand jury for insurance fraud as a result of allegedly misreporting the true garaging location of his motor vehicle for several years. The prosecution had a very strong case. Over the course of several months, Attorney Yannetti works out a disposition with the prosecutor that will allow Client to avoid indictment (despite the grand jury investigation) and to resolve the case in district court. The prosecutor, however, insisted that Client be saddled with convictions for all six charges. Today, Attorney Yannetti convinces the judge to continue all charges without a finding upon the payment of restitution and court costs -- over the prosecutor's objection. Result: Client avoids indictment and avoids any criminal conviction.
May 22, 2007
Boston Municipal Court
Brighton Division
Docket No. 0708-CR-0252
Client, a foreign college student in this country on a student visa, was cited for driving an uninsured motor vehicle with a revoked registration -- two criminal charges. Today, Attorney Yannetti convinces both the prosecutor and the judge to dismiss both charges on $150 court costs. Most importantly, the judge agrees to dismiss the charges before Client's arraignment -- so there will be no entry at all on Client's criminal record. Result: Case Dismissed.
May 18, 2007
Framingham District Court
Docket No. 0149-CR-3137
Six years ago, Client was a troubled man in his early 20's with a serious drug and alcohol problem. He was on probation in the Uxbridge District Court, having previously pled guilty to larceny of a motor vehicle, resisting arrest and carrying a dangerous weapon. He was also on probation in the Newburyport District Court for a malicious destruction of property conviction. While on probation in both courts, he was then re-arrested for assault and battery on a police officer, carrying a dangerous weapon, and breaking and entering into a home in Hopkinton. He was also charged with resisting arrest because he allegedly struggled and spit blood into the face of the police officer instead of complying. Client never appeared in Framingham District Court to answer for that new case. For the past six years, there have been warrants outstanding for Client's arrest in all three courts and he has been "on the run." In the fall of 2006, having cleaned up his act, dealt with his drug and alcohol issues and simply "grown up," Client contacts Attorney Yannetti. Recognizing that he had clearly violated his probation in two courts by getting re-arrested and failing to comply with any of the terms of his probation, Client realized that he was facing prison time. Client was rightly concerned that he might have to serve several years in jail. Attorney Yannetti, however, negotiates a three-way agreement with Client's probation officers in Uxbridge and Newburyport, as well as with the district attorney's office in Framingham. Result: Client resolves all three outstanding cases for a concurrent six-month house-of-correction sentence, and with time off for good behavior, Client may be released as early as August.
May 17, 2007
Boston Municipal Court
Central Division
Docket No. 0601-CR-5873
Client, a college student, was charged with motor vehicle homicide. Last year, he allegedly drove his car into a wall while traveling 94 mph with a blood alcohol level well over the legal limit. Tragically, his passenger -- and best friend -- died. If the district attorney's office insisted on prosecuting him under chapter 90, section 24G, subsection (a), Client faced possible indictment by a grand jury and a minimum mandatory one-year state prison sentence. Over the course of several months after the accident, Attorney Yannetti persuaded the prosecutor and the victim's attorney that Client should not be indicted. Attorney Yannetti then convinced the prosecutor to proceed under subsection (b) -- which would allow Client to avoid the minimum mandatory one-year prison sentence. Today, Attorney Yannetti convinces a B.M.C. judge to sentence the defendant to serve 59 days in the house of correction. When released, Client will be on probation for 5 years with the remainder of his sentence suspended, and he will have to perform 200 hours of community service. Result: Client avoids indictment, avoids state-prison, avoids the minimum-mandatory one-year sentence, and will be released from the house of correction in July.
May 15, 2007
Boston Municipal Court
Central Division
Clerk Magistrate's Hearing
Client, a facilities manager, was facing a charge of attempted larceny, as a result of his alleged attempt to cash a bogus check at a check-cashing store. Today, Attorney Yannetti successfully argues that Client was actually the victim of a mail scam. Before trying to cash the check, Cient had been informed that he had "won a lottery drawing" held by his credit card company -- and received in the mail a bogus check that he actually believed was genuine. Attorney Yannetti convinces the police prosecutor and the clerk magistrate that a complaint should not issue against client -- thus preserving his clean criminal record. Result: Application for Complaint Dismissed.
May 14, 2007
Malden District Court
Docket No. 0650-CR-3986
Client, an HV/AC technician, was charged with domestic assault and battery for allegedly hitting his girlfriend. Attorney Yannetti answers ready for trial today, after having investigated a so-called "independent witness" to the alleged assault and having uncovered exculpatory information that would demonstrate that the witness was biased and had a motive to lie. Before a jury is impaneled, Attorney Yannetti convinces both the prosecutor and the judge to agree to dismiss the case pursuant to the desires of the alleged victim. Result: Case Dismissed.
May 10, 2007
Hadley District Court
Docket No. 0698-CR-0317
After having been placed on probation less than 3 months ago for a prior offense, Client, a college student, was arrested for illegally carrying a firearm. Today, Attorney Yannetti convinces his probation officer and the judge not to sentence Client to serve any time in jail despite the new arrest. Result: Probation terminated and Client discharged from further probation.
May 8, 2007
Concord District Court
Docket No. 0747-CR-0530
Client, an engineer, was charged with domestic assault and battery for allegedly hitting his wife. Attorney Yannetti convinces the prosecutor and the judge to dismiss the case at the pre-trial conference today. Result: Case Dismissed.
April 25, 2007
Brookline District Court
Docket No. 0609-CR-0907
Client was charged with assault by means of a dangerous weapon and reckless operation of a motor vehicle as a result of an alleged "road rage" incident. Attorney Yannetti filed a motion to suppress statements that Client had allegedly made to the police without having been advised of his Miranda rights and without having had the interrogation videotaped. Today, when his motion to suppress was scheduled for a hearing, Attorney Yannetti convinces the prosecutor and the judge to place Client on pre-trial probation – meaning that Client does not admit to any crime and the case ultimately is dismissed with no repercussions for Client's record. Result: Case Dismissed.
April 24, 2007
Boston Municipal Court
Roxbury Division
Clerk Magistrate's Hearing
Client, a freshman in college, was facing a charge of Carrying a False Identification Card, a misdemeanor with potentially adverse and serious consequences that would cloud Client's otherwise bright future. The police had allegedly found someone else's driver's license in her purse when they were preparing to have an ambulance take Client to the hospital to treat her for alcohol poisoning. At the clerk magistrate's hearing today, Attorney Yannetti convinces the police and the clerk magistrate to refrain from issuing the complaint, in exchange for Client agreeing to perform community service. Result: Application for Complaint Dismissed.
April 23, 2007
Woburn District Court
Docket No. 0653-CR-2212
Client was charged with illegal possession of narcotics. His case stemmed from an arrest in the early morning hours after the police had received a call that a "suspicious" male was hanging around Starbucks well before it opened for business. When the police arrived, Client was the only one in the area, and he ran from the police. When the police eventually stopped him, they found marijuana and a pipe on his person. In court, Attorney Yannetti filed a motion to suppress all of the seized evidence, alleging that the police had violated Client's constitutional rights. After a hearing, during which Attorney Yannetti cross-examined the arresting police officer, Attorney Yannetti filed a memorandum of law with the court. Today, the judge ruled that Attorney Yannetti's motion to suppress has been allowed. The District Attorney's Office therefore has no evidence with which to prosecute Client. Result: Case Dismissed.
April 20, 2007
Quincy District Court
Docket No. 0756-CR-1926
Client was charged with Misusing a Registry of Motor Vehicles document, which is a felony carrying a potential state-prison sentence. Clieint had allegedly bought a false inspection sticker for his motor vehicle on the black market. Attorney Yannetti convinces the prosecutor and the judge to dismiss the case at Client's arraignment today in exchange for his payment of $100.00 in court costs. Result: Case Dismissed.
April 10, 2007
Somerville District Court
Docket No. 0710-CR-0771
Client was charged with domestic assault and battery for allegedly hitting his wife. Attorney Yannetti convinces the prosecutor and the judge to dismiss the case at the pre-trial conference today. Result: Case Dismissed.
April 6, 2007
Cambridge District Court
Docket No. RO-69-06
Client retained Attorney Yannetti to help her obtain an extension of a restraining order against her ex-husband. Her ex-husband had abided by the previous restraining order for approximately 11 months, but Client was still fearful of him. At the hearing today, her ex-husband argued that the restraining order should not be extended because he wanted more contact with his ex-wife to discuss issues related to their child. Result: Client's restraining order is extended permanently.
March 30, 2007
Boston Municipal Court
Central Division
Docket No. 0701-CR-1368
Client was scheduled to be arraigned today on a complaint alleging attempted larceny, as a result of his alleged attempt to cash a bogus check at a local bank. Prior to his arraignment today, however, Attorney Yannetti successfully argues that Client was actually the victim of a mail scam. Before entering the bank, client had been informed that he had "won a lottery drawing" held by his credit card company -- and received in the mail a bogus check that he actually believed was genuine. Attorney Yannetti convinces the district attorney's office and the judge that Client should not be arraigned on the charge and that Client should instead be granted a clerk's hearing to contest the issuance of the complaint. Result: Client's case is remanded for a clerk's hearing, so that no entry appears on his criminal record.
March 28, 2007
Supreme Judicial Court
Docket No. 2005-9435
Client, represented by another attorney, was convicted in 1990 of first-degree murder and sentenced to life in prison without the possibility of parole. Beginning in 2003, Attorney Yannetti argued in Middlesex Superior Court that Client should be granted a new trial as a result of newly discovered evidence. A Superior Court judge eventually agreed and granted Client a new trial. The District Attorney's Office then appealed that judge's order to the Supreme Judicial Court. After Attorney Yannetti submitted a lengthy brief and orally argued before the full bench, the Supreme Judicial Court upheld the Superior Court judge's order and granted a new trial to Client. Attorney Yannetti then succeeded in convincing a different Superior Court judge to order that client be released from state prison after unjustly serving 16 years. Today, granting a final request from Attorney Yannetti, the Supreme Judicial Court ruled that the District Attorney's Office is required to pay thousands of dollars in attorney's fees to Client, as a result of the Commonwealth's unsuccessful appeal of the original Superior Court judge's ruling. In taking the highly unusual step of awarding attorney's fees to Client, the Supreme Judicial Court specifically noted Attorney Yannetti's "thorough representation" of Client and his "successful result." Result: Client is released from state prison after wrongfully serving 16 years. He also is reimbursed for his attorney's fees so that Attorney Yannetti's representation was essentially "free."
March 16, 2007
Boston Municipal Court
Charlestown Division
Docket No. 0704-CR-0006
Client, a middle-aged man with a prior conviction for OUI, was charged with OUI again after allegedly having two glasses of wine and some champagne on New Year's Eve, weaving on the road, failing field sobriety tests and registering a reading of .11 after agreeing to take the breathalyzer test. When the police applied for a criminal complaint, however, they neglected to inform the clerk of courts that this was Client's second offense. Today, Attorney Yannetti convinces the prosecutor and the judge to allow Client to resolve the case as if he were a first-time offender. As a result, Client avoids having to serve at least 14 days in-patient at a rehabilitation facility -- and is instead allowed to complete the one-class-per-week alcohol education course on an outpatient basis. Result: Client placed on probation without having to serve any time in jail or in a rehabilitation facility.
March 14, 2007
Quincy District Court
Clerk Magistrate's Hearing
Client, a married college graduate, was facing a charge of indecent assault and battery on a person 14 years old or older as a result of allegedly grabbing the buttocks of a local business employee. Attorney Yannetti contacts both the business and the police to explore a resolution outside of the criminal justice system. At the clerk magistrate's hearing today, Attorney Yannetti succeeds in negotiating an "accord and satisfaction," whereby the alleged victim agrees not to press charges. Result: Application for Complaint Dismissed.
March 13, 2007
Somerville District Court
Docket No. 0610-CR-2903
Client, a high school student on probation for a previous charge of possession of a class D controlled substance (marijuana), was facing multiple counts of malicious destruction of property. Client allegedly vandalized several motor vehicles by removing multiple car emblems in the neighborhood one night. After several court appearances, Attorney Yannetti convinces the prosecutor and judge to dismiss the case today upon reimbursement of the out-of-pocket expenses incurred by the car owners. Result: Case Dismissed.
March 1, 2007
Boston Municipal Court
Central Division
Clerk Magistrate's Hearing
Client, a law student, was facing a charge of assault and battery as a result of an alleged altercation outside his law school. Attorney Yannetti appears with two eyewitnesses who are prepared to testify on Client's behalf at the clerk's hearing. Today, Attorney Yannetti convinces the clerk magistrate not to issue any complaint against Client. Result: Application for Complaint Dismissed.
February 28, 2007
Newburyport District Court
Docket No. 0622-CR-1952
Client, a laborer on probation with a suspended sentence for a malicious destruction of property conviction, was surrendered by his probation officer as a result of alleged positive drug test results. It was Client's third alleged violation of probation within 3 months. Attorney Yannetti confers with representatives from the Office of Community Corrections, as well as Client's probation officer. At Client's surrender hearing today, Attorney Yannetti negotiates a disposition that will allow client to avoid serving a sentence in the house of correction. Result: Client placed back on probation despite the alleged violation.
February 22, 2007
Breaking & Entering Police Investigation
Client, a law student, missed his flight home for spring break last week because bad weather grounded his plane. He wound up going out and getting very drunk that night, returning to his apartment in the early morning hours. The police knocked on his door that morning, informing him that during the time period in which he had come home the previous night, someone fitting his description had broken into three apartments in his building and had stolen a flat-screen television and some jewelry, among other items. Client had absolutely no memory of the night before. Attorney Yannetti contacts the detective in charge of the case and appears at the police station with Client today to persuade the detective not to take out charges. Result: No Charges Filed.
February 8, 2007
Westborough District Court
Docket No. 0667-CR-2433
Client, an out-of-state businessman, was charged with assault and battery as a result of allegedly improperly touching a room-service employee at the Massachusetts hotel at which he was staying. At the pre-trial conference today, Attorney Yannetti convinces the judge to dismiss the case over the prosecutor's objection when the alleged victim fails to appear in court. Result: Case Dismissed.
February 6, 2007
Boston Municipal Court
Brighton Division
Docket No. 0608-CR-1911
Client, a salesman, was charged with larceny over $250.00, a felony, as a result of allegedly failing to mail a camera to a customer who had purchased it from him on eBay. Attorney Yannetti convinces the prosecutor and the judge to dismiss the case outright today in exchange for Client agreeing to refund the customer's money. Result: Case Dismissed.
January 26, 2007
Lowell District Court
Docket No. 0611-CR-6432
Client, an architect, was charged with criminal unlawful acts in violation of the building code. Attorney Yannetti files a motion to dismiss based upon the prosecutor's failure to provide a bill of particulars as ordered. The prosecutor strenuously objects. After a hearing today, judge dismisses case over prosecutor's objection. Result: Case Dismissed.
January 24, 2007
Suffolk Superior Court
Docket No. 2006-10173
Client was charged with multiple offenses carrying minimum mandatory sentences, including trafficking in cocaine, distribution of narcotics in a school zone, carrying a firearm and possession of a large capacity weapon. Client was also indicted as an "armed career criminal, level 3,” and therefore faced a minimum mandatory 15-year state prison sentence for that charge alone. At the time of his arrest for carrying the firearm, Client had been on release after posting bail on his trafficking case -- meaning, by statute, the sentences on each case had to be consecutive and not concurrent. The trafficking and school zone indictments carried an additional 5 year sentence, minimum mandatory, in state prison. Attorney Yannetti answers ready for trial on the trafficking case, having retained an expert forensic toxicologist to testify that the amount of cocaine in Client's possession could be consistent with personal use and not distribution of narcotics. Result: The prosecutor agrees to dismiss the Armed Career Criminal Level 3 indictment, as well as the Trafficking in Cocaine and School Zone indictments. Client elects to resolve all of his outstanding matters for a greatly reduced 3 1/2 year sentence -- only 3 years of which is mandatory. With credit for time served awaiting trial, Client will serve less than 3 years.
January 16, 2007
Boston Municipal Court
Central Division
Docket No. 0501-CR-5985
Client was charged with larceny by scheme for allegedly cashing fraudulent checks, on multiple dates, at a check-cashing store. At the pre-trial hearing today, Attorney Yannetti convinces the prosecutor and the judge that Client was not at fault. Result: Case Dismissed.
January 12, 2007
Boston Municipal Court
Roxbury Division
Docket No. 0602-CR-3842
Client, a real estate broker, was charged with assault and battery on a police officer at a Red Sox game. At the pre-trial hearing today, Attorney Yannetti convinces the prosecutor and the judge to place Client on pre-trial probation – meaning that Client does not admit to any crime and the case ultimately is dismissed with no repercussions for Client's record. Result: Case Dismissed.
January 12, 2007
Boston Municipal Court
West Roxbury Division
Docket No. 0606-CR-3802
Client was charged with assault and battery on a police officer for allegedly interfering with the arrest of her nephew. At the pre-trial hearing today, Attorney Yannetti convinces the prosecutor and the judge to place Client on pre-trial probation – meaning that Client does not admit to any crime and the case ultimately is dismissed with no repercussions for Client's record. Result: Case Dismissed.
January 12, 2007
Framingham District Court
Docket No. JR-87-020
Client, a self-employed businessman, was charged in a 1986 case with carrying of a firearm. In 1987, he was sentenced to a minimum-mandatory one year in the house of correction. Client then defaulted in court and fled the state, never having served any portion of his sentence. Today, Attorney Yannetti brings Client back before the court and convinces the prosecutor to dismiss the carrying of firearm charge. Result: Instead of a having to serve the full year in the house of correction to which he had been sentenced, Client winds up with a only 4-month house of correction sentence – and will be eligible for parole after serving only 2 months.
January 11, 2007
Cambridge District Court
Clerk Magistrate's Hearing
Client, an executive, was facing a charge of wrongfully attaching plates to her motor vehicle. At the clerk magistrate's hearing today, Attorney Yannetti convinces the clerk magistrate and the police prosecutor that Client was not at fault. Result: Application for Complaint Dismissed.
January 10, 2007
Boston Municipal Court
Central Division
Docket No. 0601-CR-2964
Client was charged with shoplifting as a result of allegedly stealing six pairs of sunglasses from a store. Client had prior offenses for shoplifting on his criminal record -- cases regarding which Client had been represented by other attorneys, and cases to which client had pled guilty upon the advice of those other attorneys. On this new case, Attorney Yannetti enlists the court psychologist to evaluate Client for a rare sleep disorder. The court psychologist becomes a defense witness and files a report opining that Client was not criminally responsible for the crime. Today, Attorney Yannetti finally convinces the prosecutor and the judge to place Client on pre-trial probation – meaning that Client does not admit to any crime and the case ultimately is dismissed with no repercussions for Client's record. Result: Case Dismissed.
January 4, 2007
Boston Municipal Court
Central Division
Docket No. 0601-CR-2503
Client, a local union member, was charged with unlawful possession of a class C controlled substance (valium pills). Attorney Yannetti convinces the prosecutor and the judge that client would lose his job if he were forced to admit to the crime. Attorney Yannetti also enlists the help of a police officer who happened to be in court today. This officer was not involved in Client's arrest but could confirm issues surrounding client's union job. Result: Case Dismissed.
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