December 18, 2008
Boston Municipal Court
Roxbury Division
Docket No. 0802-CR-2838
Client, a college instructor, was charged with domestic assault and battery as a result of an alleged altercation with his fiancee. When the police arrived at their home in response to a 911 call at 3 a.m., Client's fiancee was sitting outside on the steps, barefoot with no jacket. She allegedly told the responding officers that Client had threatened her, choked her and thrown her against a wall. He then allegedly ordered her out of the apartment, throwing her clothing and cellphone on the ground in the process. The police later found the cellphone, in two pieces, inoperable. Client hired Attorney Yannetti, who today persuades the judge to dismiss the case over the prosecutor's objection. Result: Case Dismissed.
December 12, 2008
Theft Investigation
Client allegedly stole in excess of $8,000 from her ex-husband by fraudulently withdrawing money from their joint account. After a month of negotiation with her ex-husband's attorney, Attorney Yannetti convinces them not to report Client to any law enforcement agency. Instead, her ex-husband agreed to accept restitution of the monies taken, a return of his remaining personal property and payment of his attorney's fees. Today, the settlement agreement is finally signed and the matter is resolved amicably without police involvement. Result: No Charges are Brought.
December 4, 2008
Newton District Court
Docket No. 0812-CR-0368
Client was charged with a felony -- assault by means of a dangerous weapon -- as a result of allegedly threatening his wife with a hammer and chasing her out of their home. In response to a 911 call, the police arrived to find Client's wife on the street with their young child. If convicted, Client faced the prospect of losing everything he had worked very hard to achieve -- his career and his residence in the U.S. Even a continuance-without-a-finding disposition would have subjected him to deportation to his native country. Client initially hired another attorney, who was not able to persuade the prosecutor to offer pre-trial probation -- a disposition that would require no admission of guilt from Client, and one which would result in the charge being dismissed. Client hired Attorney Yannetti to take the case to trial for him. Attorney Yannetti instead proposes creative conditions of probation that ultimately convince the district attorney's office to soften its stance on the case. Today, both the prosecutor and the judge agree to place Client on pre-trial probation. He admits to no wrongdoing and after two years -- as long as he successfully complies with the terms of his pre-trial probation -- the case will be dismissed with no repercussions for either Client's record or his immigration status. Result: Case Dismissed.
December 2, 2008
Malicious Destruction of Property Investigation
Client, a college student with a bright future, was alleged to have forcibly removed a parking boot from his car -- damaging the pavement at his school and resulting in a missing parking boot. Client's parents hire Attorney Yannetti to advocate that Client should not be charged with any crime and should not be punished through any judicial process at his university. Attorney Yannetti eventually persuades the police and the school that Client was not at fault. Result: No Charges are Brought and Client is Not Disciplined at School.
November 21, 2008
Cambridge District Court
Docket No. 0852-CR-2613
Client, a physician, allegedly drove her car down a street clearly marked "do not enter," in violation of a municipal ordinance. When the police officer pulled her over, he learned that her driver's license had been suspended and she did not have her registration in her possession. Client therefore faced two criminal charges and one civil infraction and hired Attorney Yannetti. Attorney Yannetti appeared at her arraignment, having persuaded the judge to waive Client's own appearance to minimize her absence from her medical practice. At the pre-trial conference today, Attorney Yannetti convinces the prosecutor and judge to dismiss both criminal charges upon the payment of court costs, and to enter a "Not Responsible" finding on the civil infraction. Client therefore avoids any adverse consequences to her driver's license and criminal record. Result: Case Dismissed.
November 14, 2008
Somerville District Court
Docket No. 0810-CR-1091
Client was charged with making several annoying telephone calls and intimidating a witness. The prosecution alleged that for several months, Client had essentially stalked a professional athlete, whom she had "met" over the internet. Today, Attorney Yannetti persuades the prosecutor and the judge to allow Client to be placed on pre-trial probation. This means that Client does not admit to any crime. After two years -- as long as she has no further contact with the professional athlete in question -- the case will be dismissed with no repercussions for Client's record. Result: Case Dismissed.
November 14, 2008
Somerville District Court
Docket No. 0810-CR-1698
In an incident of road rage, Client allegedly bolted out of his car, ran to the driver behind him and intentionally punched and broke a side rear-view mirror. A police officer witnessed the entire confrontation, including the smashing of the mirror. Client was arrested and charged with both malicious destruction of property and disorderly conduct. Today, Attorney Yannetti convinces the prosecutor not to take the case to trial, and instead to allow Client to be placed on pre-trial probation. The judge agrees. This means that Client does not admit to any crime. After six months, the case will be dismissed with no repercussions for Client's record. Result: Case Dismissed.
November 13, 2008
Boston Municipal Court
South Boston Division
Docket No. 0803-CR-0730
The prosecution alleged that Client had an argument one night with girlfriend, during which he allegedly grabbed her by the neck, threw her to the ground, choked her and threatened to kill her. In response to a 911 call, the police officers arrived and noticed red marks on his girlfriend's neck. Client had a previous felony on his record -- for assault and battery by means of a dangerous weapon -- which had been continued without a finding. As a result, he decided to retain Attorney Yannetti to pursue the best "deal" he could get regarding this new case. After a lengthy negotiation, the prosecutor would not budge from her recommendation of a guilty finding and a conviction for Client, in light of the facts as outlined above and Client's prior history. Nevertheless, Attorney Yannetti today persuades the judge to instead continue this case without a finding over the prosecutor's objection. As long as Client remains arrest-free, this case will be dismissed in one year. Result: Client Avoids a Criminal Conviction.
November 7, 2008
Peabody District Court
Clerk's Hearing
Client, a member of the armed services, faced an application for a complaint of assault and battery, which had been brought by his ex-girlfriend. When his ex-girlfriend had appeared at the police station, she had a black eye and red finger marks on her neck. She alleged that Client had choked her. Client hired Attorney Yannetti to investigate. Attorney Yannetti met in person with the investigating police detective and produced photographs and videotapes which contained exculpatory evidence. At the clerk's hearing on October 7, 2008, Attorney Yannetti convinced the assistant clerk magistrate that if a complaint were to issue against Client, a cross-complaint should also be issued against his ex-girlfriend. Both Client and his ex-girlfriend were scheduled to be arraigned today. Instead, over the course of the last month, Attorney Yannetti negotiated with the police and his ex-girlfriend's attorney to avoid having Client arraigned. Today, as a result of that successful negotiation, Client did not need to appear in court, and the application for complaint against him was dismissed prior to arraignment. Client completely avoids having an entry on his criminal record. Result: Application for Complaint Dismissed.
October 31, 2008
Lowell District Court
Clerk's Hearing
Client, a software engineer, was stopped for driving his motorcycle 65 mph in a 35 mph zone, in a residential neighborhood. After he failed to immediately pull over for the police, the officer charged him with the criminal offense of operating to endanger, in addition to citing him for going 30 mph over the speed limit. Client faced a hefty speeding fine, as well as the prospect of a criminal record, so he hired Attorney Yannetti to represent him. At the clerk magistrate's hearing today, 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 minimum fine for speeding -- saving client a criminal record and hundreds of dollars in fines on the speeding citation. Result: Application for Complaint Dismissed.
October 30, 2008
Boston Municipal Court
Central Division
Docket No. 0801-CR-1311
Client, a 22 year-old foreign national in this country on a student visa, was arrested last February after a woman had reported that Client had masturbated in her presence in the elevator of an apartment building. During their investigation, the police unearthed a video of the entire incident which clearly showed Client masturbating and ejaculating in the woman's presence. Client hired Attorney Yannetti to somehow resolve this case without subjecting Client to deportation. Today, after several months of negotiation, Attorney Yannetti persuades the prosecutor to reduce the charge from "Open and Gross Lewd and Lascivious Behavior" (which would have led to Client's deportation) to "Indecent Exposure" (which poses no such risk). Additionally, Attorney Yannetti convinces the judge not to incarcerate Client for his conduct. Result: Client avoids jail, avoids deportation, and avoids a felony conviction.
October 28, 2008
Quincy District Court
Docket No. 0856-CR-6986
Attorney Yannetti already represents Client, a 29 year-old college student, on a narcotics distribution case in Quincy District Court. With that case pending, Client was investigated this past weekend for an alleged domestic assault and battery involving his long-time girlfriend. After his girlfriend had called 911, the police arrived to find her bleeding from the nose, with apparent injuries to her face. The police therefore applied for a warrant for Client's arrest. Attorney Yannetti arrived at court with Client today, to surrender him to the warrant and have him arraigned on the new assault and battery complaint. The prosecutor formallly asked the judge to revoke Client's bail as a result of the new case, and to hold him in custody for sixty days, until the pending narcotics case was resolved. Today, Attorney Yannetti persuades the judge not to revoke Client's bail, and instead to allow him to post further bail and remain free until both cases are resolved. Result: Client released on bail despite the new offense.
October 16, 2008
Boston Municipal Court
Central Division
Docket No. 0801-CR-6378
Client, a 24 year-old student finishing his last semester in college, was arrested in August for attempting to cash a counterfeit check at a local bank. A conviction for this felony would damage Client's ability to obtain employment in an accounting firm, which was his career ambition. Client therefore hired Attorney Yannetti. Today, Attorney Yannetti convinces the prosecutor not to take the case to trial, and to instead allow Client to be placed on pre-trial probation. The judge agrees. This means that Client does not admit to any crime. After six months, the case will be dismissed with no repercussions for Client's record. Result: Case Dismissed.
September 29, 2008
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a portfolio manager, was walking with a co-worker in downtown Boston when he passed a woman walking and smoking on the sidewalk in front of him. He made a comment to his co-worker about his parent having passed away from lung cancer and the woman apparently took offense. This led to an altercation between the two of them, which led to the woman calling the police to allege that Client had spit on her. As a result, Client faced a potential complaint of assault and battery. Client hires Attorney Yannetti, who schedules the matter for a clerk's hearing. Today, Attorney Yannetti persuades an assistant clerk magistrate that no complaint should be issued against Client. Result: Application for Complaint Dismissed.
September 26, 2008
Boston Municipal Court
Roxbury Division
Docket No. 0802-CR-0518
Client, a 24 year-old college graduate, was charged with assault and battery as a result of an alleged fight with his ex-girlfriend while they were both still in college last January. When the police arrived on scene, his ex-girlfriend was bawling outside Client's apartment building. She reported that Client had smashed her cellphone, then grabbed and pushed her to the ground. Client, seeking a job in the financial industry, would have had his career prospects devastated by a conviction. Attorney Yannetti schedules the case for a jury trial. During the trial, which began yesterday, Attorney Yannetti cross-examines Client's ex-girlfriend and exposes her as a liar. Today, after two full days of trial, the jury returned a verdict of Not Guilty. Result: Not Guilty Verdict after a Jury Trial.
September 22, 2008
Brookline District Court
Docket No. 0709-CR-0120
Represented by another lawyer, Client admitted last October to having committed an OUI. He was therefore placed on probation for a year, pursuant to a "continued without a finding" disposition. Last month, while still on probation, Client was arrested in Boston for attempting to cash a counterfeit check at a local bank. Client was given a probation "surrender" notice. Client hires Attorney Yannetti, who schedules the matter for a probation surrender hearing. If the judge found that Client did indeed violate his probation, Client would have been in danger of receiving a criminal conviction and potentially being sentenced to jail. At the hearing today, however, Attorney Yannetti instead persuades the judge that Client did not violate his probation. As a result, Client was placed back on probation and his "continuance without a finding" disposition was preserved. Result: A Finding of No Probable Cause, No Violation of Probation, and Client's criminal record is preserved.
September 18, 2008
Boston Municipal Court
South Boston Division
Clerk's Hearing
Client, who recently began work at job placement agency, met some friends at a concert in Boston and had too much to drink. He allegedly tried to enter a restricted area against the orders of security personnel. When the police were called, Client allegedly resisted arrest and tried to head-butt one of the officers. Client hires Attorney Yannetti, who speaks with the police officer involved in the arrest. Attorney Yannetti then schedules the matter for a clerk's hearing, during which he persuades the police and an assistant clerk magistrate that no complaint should be issued against Client. Result: Application for Complaint Dismissed.
September 3, 2008
Cambridge District Court
Clerk's Hearing
Client, a recent high school graduate, allegedly attacked a fellow student during a foos-ball game at a school function. Client's parents hire Attorney Yannetti, who scheduled the matter for a clerk's hearing. If a complaint were to be issued against him, Client could have his future prospects for education and/or employment severely damaged. Today, Attorney Yannetti persuades the police and an assistant clerk magistrate that no complaint should be issued against Client. Result: Application for Complaint Dismissed.
August 21, 2008
Lowell District Court
Docket Nos. 0811-CR-0779 and 0811-CR-2987
Client was charged with being a disorderly person on two separate occasions by his campus police. Client hires Attorney Yannetti, who, over the course of several months, makes both legal and practical arguments to the prosecutor. Today, Attorney Yannetti convinces the prosecutor not to take the case to trial, and to instead allow Client to be placed on pre-trial probation. The judge agrees. This means that Client does not admit to any crime, and instead needs only to perform 50 hours of community service, remain drug and alcohol-free, and stay out of further trouble. The case will ultimately be dismissed with no repercussions for Client's record. Result: Case Dismissed.
August 15, 2008
Framingham Juvenile Court
Docket Nos. DL07-F-0395-397 and DL07-F-0406
On October 26, 2007, Attorney Yannetti succeeded in obtaining pre-trial probation for Client, a 16 year-old girl charged with assault and battery on a police officer and three other criminal charges. Client allegedly violated the terms of her pre-trial probation, however, and her case was put back on the trial list. Client's parents re-hired Attorney Yannetti. Today, Attorney Yannetti succeeds in convincing the prosecutor to allow Client to continue with her pre-trial probation, with the added condition that she perform 25 hours of community service. The judge agrees. This means that Client still 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.
August 13, 2008
Woburn District Court
Clerk's Hearing
Client, a recent high school graduate, was allegedly caught shoplifting at a department store. Attorney Yannetti schedules the matter for a clerk's hearing. If a complaint were to be issued against him, Client could have her future prospects for education and/or employment severely damaged. Today, Attorney Yannetti persuades an assistant clerk magistrate that no complaint should be issued against Client. Result: Application for Complaint Dismissed.
August 11, 2008
Springfield Superior Court
Docket No. 2006-1315
Client, a 26 year-old man, faced allegations that he and his co-defendant had robbed and shot a man on Christmas Day in 2003. Both were charged with armed robbery by means of a handgun, assault and battery by means of a dangerous weapon and assault by means of a dangerous weapon. Both also remained at-large for several years, with warrants outstanding for their arrest. When Client learned that the police were looking for him, he hired Attorney Yannetti. Attorney Yannetti negotiated with the prosecutor in order to arrange for client's surrender before the court in the summer of 2006. During the bail hearing at Client's arraignment, Attorney Yannetti succeeded in convincing the judge to allow Client to remain free on personal recognizance and also to return to his home state while the case was pending. On June 30, 2008, Client elected to admit to the indictments after having learned that the alleged victim appeared in court on the trial date, ready to testify to the robbery and shooting. Client's bail was therefore revoked and he was taken into custody. Today, Attorney Yannetti argues before the judge that Client should be released from custody and instead placed on probation. Result: Client given a "time-served" split sentence, whereby he is released from custody after spending 43 days in jail. Client is placed on probation for five years.
August 8, 2008
Cambridge District Court
Docket No. 0752-CR-3226
Client, a college student, was charged with possession of narcotics after the police allegedly witnessed him buying cocaine from a drug dealer on a public street. When they stopped Client, the police found the cocaine in his pocket. Client hires Attorney Yannetti to investigate. Attorney Yannetti files a motion to suppress all of the evidence that was seized. On June 2, 2008, Attorney Yannetti cross-examined the arresting police detective during a hearing on that motion to suppress. After considering all of the evidence, the legal arguments presented, and a post-hearing memorandum filed by Attorney Yannetti, the judge thereafter allowed Attorney Yannetti's motion to suppress. Today, the prosecutor announced in open court that he would not appeal the judge's ruling -- so all charges were dismissed. Result: Motion to Suppress Allowed, Case Dismissed.
August 6, 2008
Lawrence District Court
Docket Nos. 0818-CR-0357 and 0818-CR-0359
Client, a gym manager, was charged with unlawful possession of narcotics, receiving stolen property (allegedly having in his possession two social security cards not belonging to him), unlicensed operation of a motor vehicle and attaching a false license plate to his motor vehicle. 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.
July 22, 2008
Ayer District Court
Docket Nos. 0748-CR-0577 and 0748-CR-0919
Client was on probation (pursuant to a "continued without a finding" disposition) for two separate "possession of marijuana" cases. Given that he also had two previous "possession of marijuana" cases (for a total of four on his criminal record), he was ordered to complete the community corrections program -- which includes drug testing. Client allegedly failed five different drug tests and failed to report for another, so his probation officer issued him a surrender notice. If found in violation of probation, Client faced the prospect of having convictions on his record -- which would have caused him to lose his driver's license for at least one year. Client also faced the prospect of serving time in jail. Client hires Attorney Yannetti. Over the course of three months, Attorney Yannetti counsels Client, works with his parents and negotiates with his probation officer. Today, Attorney Yannetti persuades his probation officer and the judge to allow Client to enter a one-month residential treatment program. Result: Client is placed back on probation despite multiple probation violations, maintains a conviction-free record, and retains his driver's license.
July 22, 2008
Ayer District Court
Clerk's Hearing
Client, a high school student about to enter his senior year, was allegedly caught by the police while putting a case of beer in the trunk of his car. The police therefore applied for a criminal complaint against him, for being a minor in possession of alcohol. Less than a month ago, Client had a previous clerk's hearing (regarding a different incident, wherein he was at a underage party where there was alcohol) for the exact same charge. The clerk magistrate, therefore, could have issued both complaints against client, potentially damaging his future prospects for education and/or employment. Today, Attorney Yannetti persuades the police and the assistant clerk magistrate that neither complaint should be issued against Client. Result: Application for Complaint Dismissed.
July 18, 2008
Boston Municipal Court
Roxbury Division
Docket No. 0802-CR-0642
Client, a 22 year-old college student, was charged with larceny from a building and two counts of credit card fraud. He allegedly stole a man's wallet from a locker room, then used the credit cards to buy a baseball cap and sunglasses. Client hired Attorney Yannetti to advocate for him. While the criminal case was pending, Attorney Yannetti presented the prosecutor with evidence of client's mental health problems -- including proof that his medication had been dangerously increased shortly before the date of the alleged theft. Attorney Yannetti also presented evidence of Client's stellar background. Today, Attorney Yannetti persuades the prosecutor and the judge to place Client on pre-trial probation -- meaning that Client does not admit to any crime. Client merely has to pay restitution for the stolen items and the case ultimately is dismissed with no repercussions for Client's record. Result: Case Dismissed.
July 11, 2008
Worcester District Court
Docket No. 0762-CR-10407
Client was charged with possession of stolen credit cards and uttering (using) those same stolen cards. The state police found the stolen cards in client's wallet. They also found stolen merchandise (and receipts) on Client's person and also in the car in which he was riding. After his arraignment, Client hires Attorney Yannetti to investigate. Attorney Yannetti files a motion to suppress all of the evidence that was seized. On May 5, 2008, Attorney Yannetti cross-examined the arresting state trooper during a hearing on that motion to suppress. After considering all of the evidence and the legal arguments presented, the judge thereafter allowed Attorney Yannetti's motion to suppress. Today, the prosecutor announced in open court that he would not appeal the judge's ruling -- so all charges were dismissed. Result: Motion to Suppress Allowed, Case Dismissed.
June 19, 2008
Natick District Court
Clerk's Hearing
Client, a high school student, was charged with assault and battery and malicious destruction of property for allegedly assaulting the father of one of his friends and also breaking the glass in the father's apartment door. Attorney Yannetti scheduled the matter for a clerk's hearing and prepared witnesses to testify on Client's behalf. If a complaint were to be issued against him, Client could have his future prospects for education and/or employment severely damaged. Today, Attorney Yannetti persuades an assistant clerk magistrate that no complaint should be issued against Client. Result: Application for Complaint Dismissed.
June 3, 2008
Boston Municipal Court
West Roxbury Division
Docket No. 0806-CR-0477
Client and his wife had an argument one night that allegedly turn physical. A neighbor called the police after allegedly hearing Client's wife scream several times in their apartment. When the police arrived, Client's wife told them that Client had struck her, thrown her against a closet door, then unplugged the phone when she attempted to call the police. Client therefore was charged with assault and battery by means of a dangerous weapon, assault and battery, and intimidation of a witness. The prosecution initially was unwilling to drop the charges. Client therefore hired Attorney Yannetti, who prepared the case for trial. On the trial date, Attorney Yannetti convinces the prosecutor and the judge to dismiss the case after Client's wife elected to exercise her marital privilege. Result: Case Dismissed.
May 29, 2008
Boston Municipal Court
Central Division
Docket No. 0801-CR-0721
Client, a software engineer for an internet company, was charged with assault and battery by means of a dangerous weapon for allegedly striking his ex-girlfriend with his car. The prosecution initially was unwilling to drop the charges. A conviction for this felony would derail Client's attempts to become a citizen. Client therefore hired Attorney Yannetti, who prepared the case for trial. On the trial date, Attorney Yannetti persuades the prosecutor and the judge to dismiss the case after Client's ex-girlfriend expressed a desire not to go forward. Result: Case Dismissed.
May 23, 2008
Woburn Superior Court
Docket Number Withheld
Client was indicted for two counts of Rape. To protect his anonymity, no details of the circumstances of this case will be revealed. Today, after a week-long trial in Middlesex Superior Court, Attorney Yannetti (and his sister and co-counsel, Attorney Tanis Yannetti) achieved a Not Guilty Verdict for Client on both Rape indictments. Result: Not Guilty Verdict after a Jury Trial.
May 2, 2008
Brookline District Court
Docket No. 0809-CR-0174
Client was allegedly caught on video stealing another woman's expensive pocketbook from the bar area of a restaurant. Client, who often frequented that establishment, was also allegedly caught stealing tips from the bar ten days later. Client was therefore charged with larceny over $250 (a felony) and larceny under $250 (a misdemeanor). Attorney Yannetti eventually convinces the prosecutor to dismiss the felony charge and to recommend a continuance without a finding on the misdemeanor larceny charge. Client needs only to make restitution for the pocketbook and its contents and the case will be dismissed in six months. Result: Felony Dismissed, Client avoids conviction on misdemeanor.
May 1, 2008
Boston Municipal Court
West Roxbury Division
Docket No. 0806-CR-0847
Client, an 18 year-old college student, was caught drinking beer at rowdy underage party. Regrettably, he chose to run away when confronted by the police. When the officer finally caught up with him, he found prescription pills in his pocket, for which Client did not have a prescription. Client was therefore charged with possession of a Class C controlled substance, underage possession of alcohol, resisting arrest and disorderly person. Today, Attorney Yannetti convinced both the prosecutor and the judge to place Client on pre-trial probation. This means that Client does not admit to any crime, and instead needs only to complete 28 hours of community service and stay out of further trouble. The case will ultimately be dismissed with no repercussions for Client's record. Result: Case Dismissed.
April 29, 2008
Boston Municipal Court
Central Division
Docket No. 0801-CR-3248
Client, a graduate student with a clean record and a very bright future, was arrested at a high-end department store for allegedly shoplifting a designer shirt. If this matter proceeded to an arraignment, Client would incur an entry on his criminal record, which would adversely affect his job search upon graduation. Today -- when Client was scheduled to be arraigned on this theft charge -- Attorney Yannetti successfully convinced the prosecutor and judge to dismiss this case before his arraignment. Client needs only to pay $250.00 in court costs and there will be no entry on his criminal record at all. Result: Case Dismissed.
April 25, 2008
Stoughton District Court
Docket No. 0755-CR-2363
Client, a 23 year-old mover who freely admits to having a drinking problem, was arrested for OUI-2nd after allegedly driving through a stop sign and then speeding (56 mph in a 30 mph zone) down a residential street. The arresting police officer alleged that Client was belligerent and abusive toward him. Client ended up failing the breathalyzer test, having scored a .21 reading -- nearly triple the legal limit. In addition to second-offense OUI, Client was charged with operating to endanger, operating after suspension (2nd offense), speeding, marked lanes violation and operating with an open container in the vehicle. Client retained Attorney Yannetti for the purpose of negotiating a plea agreement with the prosecutor and convincing the judge to treat Client leniently. Today, Attorney Yannetti convinced the prosecutor and judge to dismiss every criminal charge above except for OUI-2nd. In addition, Client is found Not Responsible for the three civil infractions. Client therefore avoids thousands of dollars in fees and fines. Client also receives the minimum statutory disposition for OUI-2nd and will be eligible to obtain a hardship driver's license in one year. Result: Client avoids multiple criminal convictions, avoids responsibility for civil infractions, and receives the minimum statutory disposition for the sole remaining charge.
April 23, 2008
Boston Municipal Court
Central Division
Docket No. 0801-JC-2345
Client was the local station manager for an airline. His employer alleged that he embezzled approximately $36,000.00 over the course of a year by skimming money from DVD rentals and liquor sales on flights. Over the course of a year (while this felony larceny case was pending in the East Boston Division of the Boston Municipal Court), Attorney Yannetti convinced a judge to suppress many documents from evidence -- damaging the prosecution's case. Today, when the case was finally scheduled for trial, Attorney Yannetti convinced a judge to dismiss the case entirely. Result: Case Dismissed.
April 18, 2008
Boston Municipal Court
Central Division
Docket No. 0701-CR-8040
Client, a fully disabled out-of-state Gulf War veteran, allegedly participated in a counterfeit check scam. When he tried to deposit counterfeit checks into his bank account (in order to finance home improvements designed to make his residence more handicapped-accessible), the police charged him with uttering a false instrument, two counts of forgery and two counts of attempted larceny by check. Client contacted Attorney Yannetti, who after investigating this matter agreed to represent Client pro bono publico. For three court dates (including Client's arraignment), Attorney Yannetti successfully convinced three judges to waive Client's appearance in court, so that he would not have to travel several hours to get to Massachusetts. Today, Attorney Yannetti finally convinces the prosecutor to file a nolle prosequi of all charges. A nolle prosequi is the functional equivalent of an outright dismissal, as the prosecutor essentially announces that he chooses not to prosecute the case. Client never appears in court. Result: Case Dismissed.
April 18, 2008
Boston Municipal Court
Central Division
Docket No. 0301-CR-0029
Back in 2003, Attorney Yannetti successfully convinced a judge to place Client on pre-trial probation, then ultimately to dismiss this felony larceny case against Client. Five years later, 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.
April 16, 2008
Boston Municipal Court
Charlestown Division
Docket No. 0704-CR-0006
Back in March of 2007, Attorney Yannetti represented Client and successfully convinced the prosecutor and the judge to treat this second-offense OUI case as a first-offense OUI case. Client was therefore placed on probation for a year and ordered to complete the first-offender program, with only a 65-day license loss (as opposed to the two-year loss that accompanies any second-offense conviction). Beginning this past May, Client stopped reporting to his probation officer. He also allegedly failed to complete all of the requirements for the first-offender program. After several months of Client's failure to report as ordered, his probation officer issued a surrender notice. Client therefore re-hired Attorney Yannetti. Today, after several weeks of negotiation, Attorney Yannetti convinces Client's probation officer to withdraw part of the surrender notice. Attorney Yannetti then convinces the judge to merely order Client to perform four hours of community service and terminate his probation. Result: Client's probation to be terminated upon the completion of four hours of community service, despite Client having violated the terms of his probation.
March 31, 2008
Boston Municipal Court
Central Division
Docket No. 0701-CR-8207
Back in January, 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.
March 27, 2008
Westborough District Court
Clerk's Hearing
Client, a mutual funds accountant just beginning his career at a bank, was pulled over by the police for allegedly driving with a broken headlight. When the officer smelled marijuana coming from the vehicle, Client voluntarily turned over to him the small bag of marijuana in his possession. Attorney Yannetti scheduled the matter for a clerk's hearing and contacted the police prosecutor to request leniency for Client. If a complaint were to be issued against him, Client could lose his job and have his future prospects for employment damaged. Today, Attorney Yannetti convinces an assistant clerk magistrate that no complaint should be issued against Client. Client therefore maintains a completely clean criminal record. Result: Application for Complaint Dismissed.
March 21, 2008
Boston Municipal Court
Central Division
Docket No. 9301-CR-4483
Client was an illegal immigrant in 1993 when he was arrested for DUI shortly after first arriving in this country. Represented by another lawyer, he ended up pleading guilty back then. He was ordered to complete the alcohol education program, but he never did. Instead, he left Massachusetts and remained in default with a warrant for his arrest for the past fifteen years. Client -- who now desperately wants to become a U.S. citizen -- flew in from out-of-state so that Attorney Yannetti could bring him back to court for a probation surrender hearing. Today, Attorney Yannetti convinces the judge to give Client another chance at the program. Client is placed back on probation, despite having violated his probation and having remained on default for fifteen years. Result: Client placed back on probation, despite Client having violated the terms of his probation.
March 19, 2008
Malden District Court
Docket No. 0750-CR-1904
Client was a young man with a prior criminal record, who had previously served time in the house-of-correction. During an alleged cocaine deal with an undercover police officer in a motor vehicle, Client allegedly said to the officer, "You're not a snitch are you? We shoot snitches." Client was therefore arrested and charged with distribution of cocaine within a school zone and conspiracy to violate the narcotics laws. If convicted of the school zone charge, Client faced the prospect of being sentenced to two years, minimum-mandatory, in the house of correction. Attorney Yannetti answers ready for trial today, prepared to challenge Client's status as a joint venturer in the drug deal. Before a jury is impaneled, the prosecutor offers to dismiss the school zone and conspiracy charges in exchange for Client's admission to simple distribution. Client therefore receives a split sentence, with only six months to serve. With good time, Client will be eligible for parole in three months. Result: Client avoids school-zone and conspiracy charges, avoids a minimum-mandatory two-year sentence, and will be eligible for parole in three months.
March 11, 2008
Dedham Juvenile Court
Clerk's Hearing
Attorney Yannetti represented three Clients before a clerk magistrate on charges of malicious destruction of property. Clients were three high school sophomores who were caught defacing with graffiti the bathroom in a local restaurant. Attorney Yannetti first arranged for a meeting with the police prosecutor, then negotiated with the restaurant manager regarding restitution and letters of apology. Today, Attorney Yannetti convinced an assistant clerk magistrate that no complaint should issue against any of his three Clients. All three Clients therefore maintain their completely clean records. Result: Applications for Complaints Dismissed.
March 10, 2008
Middlesex Superior Court
Lowell Division
Docket No. 1989-2234
In perhaps the biggest victory of his career -- and after a 3-week trial -- Attorney Yannetti today succeeded in achieving a Not Guilty Verdict for his Client in a First-Degree Murder case. Client was a learning-disabled man who was arrested in 1989 because he signed a detailed typewritten confession to having murdered his next-door neighbor nine years earlier. In 1990, represented by another lawyer, Client was convicted by a jury of 1st-Degree Murder and sentenced to life in prison without the possibility of parole. Client languished in state prison for over a decade, with little or no hope of ever winning his freedom. In 2003, his family retained Attorney Yannetti to continue a new investigation into the case begun by another attorney. After an evidentiary hearing, Attorney Yannetti convinced a Superior Court judge that Client should receive a new trial because his former attorney had overlooked exculpatory evidence regarding another suspect. Although the D.A.'s Office appealed that judge's ruling, Attorney Yannetti persuaded the Supreme Judicial Court in 2006 that the ruling was correct. The S.J.C. therefore ordered that Client would indeed receive a new trial -- something that is a very rare event. Attorney Yannetti thereafter petitioned another Superior Court judge to release Client on electronic monitoring, so that he could await his re-trial at home with his 87 year-old mother. Client therefore won his freedom -- albeit restricted to his home -- after unjustly serving 16 years in state prison. Trial then began on February 19, 2008. Attorney Yannetti hired three expert witnesses to testify for the defense: a forensic serologist, a forensic psychologist and the leading expert in the world on false confessions. In addition, Attorney Yannetti unearthed witnesses whom the prosecution had never interviewed. Finally, Attorney Yannetti's star witness was a former police officer who took the report regarding the other, uninvestigated suspect. Today, Attorney Yannetti (along with his sister and co-counsel, Attorney Tanis Yannetti) succeeds in convincing the jury to reject the detailed confession signed by Client. After a hard-fought trial with many twists and turns, Client walks from court a free man for the first time since being convicted 18 years ago. Result: Not Guilty Verdict after a Jury Trial. Client is Released from State Prison after unjustly serving sixteen years.
February 25, 2008
Boston Municipal Court
Central Division
Docket No. 0801-CR-1206
Client, an Israeli citizen, was pulled over by the police when he reversed course to avoid entering the Mass. Turnpike. His pregnant wife was in distress and he suffered a momentary lapse in judgment. When the state trooper discovered that Client was improperly driving on an Israeli license, he cited Client for being unlicensed and crossing four marked lanes. Client decided to represent himself at a clerk's hearing and things did not go well for him. In the aftermath of the hearing, Client hired Attorney Yannetti. Today, at the arraignment, Attorney Yannetti successfully convinced the prosecutor and judge that client should be found "not responsible" (the civil equivalent of "not guilty") on all four marked lane violations. Attorney Yannetti also convinced the prosecutor and judge to dismiss the unlicensed operation charge -- an alleged criminal violation -- on $200 court costs. Client avoids all responsibility and needs not return to court. Result: Criminal Charge Dismissed, Civil Charges Result in four "Not Reponsible" findings.
February 8, 2008
Middlesex Superior Court
Cambridge Division
Docket No. 2006-1436
Client, a 40 year-old foreign national, was indicted for Deriving Support from Prostitution and Keeping a House of Ill Fame as a result of a police investigation that led to the bust of an illegal massage parlor. The "deriving support" charge is extremely serious and carries a minimum-mandatory two-year prison sentence. A conviction for either offense would have resulted in Client being deported -- something she desperately wanted to avoid. Over the course of a year, Attorney Yannetti fought the charges, filing and arguing several motions to dismiss. While those motions were ultimately denied, Attorney Yannetti did convince the judge that the case against Client was weak -- and the judge specifically mentioned that fact in his ruling. Attorney Yannetti then found a little-used statute -- Mass. General Laws Chapter 141, Section 51 -- which makes it a crime to practice massage without a license. Today, the prosecutor agreed to dismiss both indictments, in exchange for Client's admission to violating that obscure statute. Client agrees to pay the costs of her prosecution and receives a suspended sentence with probation for one year. She therefore avoids a conviction for a crime involving "moral turpitude," and thus may remain in the U.S. and apply for her green card. Result: Client avoids a minimum-mandatory prison sentence, avoids serving any time in prison at all, avoids a felony conviction and avoids being deported.
January 25, 2008
Dedham District Court
Docket No. 0754-CR-2034
Client, a 23 year-old college senior, lost his cool one afternoon during a parking lot dispute. Client thought that an older man had driven too close to his car and nearly side-swiped him, so Client got out of his car and approached the man, who was still seated in his own parked car. Client allegedly started yelling at the man, shaking the roof of the man's car, and spitting in his face repeatedly. Client then allegedly punched his fist through the man's rear window. Eyewitnesses confirmed Client's behavior and took down his license plate number. When confronted by police, Client admitted to being in the altercation. Client was charged with assault and battery, as well as malicious damage to a motor vehicle, which is a fifteen-year felony and a very serious charge. Client's parents hired Attorney Yannetti. Today, when the case was scheduled for a pre-trial conference, the clerk in court announced that Client was to be arraigned on yet another, unrelated charge, as a result of a wild party at his college residence back in September 2006. Nonetheless, 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 complete a "state courts against road rage" two-hour seminar and then stay out of further trouble. The case will ultimately be dismissed with no repercussions for Client's record. Attorney Yannetti also convinces the prosecutor and judge to dismiss the "keeping a disorderly house" charge prior to arraignment. Result: Case Dismissed.
January 24, 2008
Brookline District Court
Docket No. 9309-CR-1634
Fifteen years ago, Client was an illegal alien who had recently arrived in the U.S. from Brazil. Shortly after coming to Boston, he was arrested for DUI. His driver's license was suspended when he admitted to that charge. He then allegedly drove in Brookline while his license was still under suspension. He defaulted on his trial date for the operating-after-suspension charge fifteen years ago and there has been an outstanding warrant for his arrest ever since. Today, Client flew in from out of state and Attorney Yannetti brings him to Brookline District Court, where he successfully convinces the prosecutor and judge to dismiss the case upon the payment of court costs. Result: Case Dismissed.
January 23, 2008
Boston Municipal Court
Brighton Division
Docket No. 0708-CR-1939
Client, a 19 year-old college freshman, was investigated for drug distribution on campus. The university police department found cocaine in his bedroom, as well as individually packaged baggies of marijuana, a scale and over $900 in cash. On his computer, the police found instant messages containing conversations about Client picking up "drug money" from customers. His roommates told the police that Client was indeed dealing drugs. The police sought a criminal complaint against him for possession of a class D controlled substance (marijuana) with intent to distribute, and possession of a class B controlled substance (cocaine) with intent to distribute. Client's parents retained Attorney Yannetti, who scheduled the matter for a clerk magistrate's hearing. At that hearing back on November 13, 2007, Attorney Yannetti convinced the assistant clerk magistrate not to charge Client with any offense involving cocaine. Client was then arraigned before a judge and faced a single count of possession of marijuana with intent to distribute. Client, who had been ordered to stay away from campus until this case was resolved, wound up violating that order and was subsequently charged with trespassing. Today, when the case was scheduled for a pre-trial conference, Attorney Yannetti persuades the prosecutor and the judge to dismiss the trespassing complaint. Attorney Yannetti also convinces the prosecutor to reduce the marijuana charge from "possession with intent to distribute" to simple possession. Client is then given a continuance without a finding until the end of May. As long as he successfully completes his probation by staying out of further trouble, performing 25 hours of community service, staying drug-free and staying off-campus, this case will be dismissed about four months from now. Result: Client avoids a charge of cocaine distribution, avoids a charge of marijuana distribution, has a trespass charge Dismissed, and avoids a criminal conviction on simple possession of marijuana -- as that charge will also be Dismissed four months from now.
January 9, 2008
Cambridge District Court
Docket No. 0752-CR-3257
Client, an account manager for a software company, and his wife one night had an argument that turned physical. When the police arrived at his home in response to a 911 call, his wife told them that he had shoved her. Client admitted to a mutual shoving match and was arrested for domestic assault and battery. The prosecution initially was unwilling to drop the charges. Client therefore hired Attorney Yannetti, who scheduled the case for a pre-trial conference in an attempt to persuade the prosecutor to change her mind. Today, Attorney Yannetti succeeded in convincing both the prosecutor and the judge to dismiss the case after Client's wife asserted her spousal privilege in open court. Result: Case Dismissed.
January 7, 2008
Boston Municipal Court
Central Division
Docket No. 0701-CR-8207
Client, a psychiatrist, got into a heated argument with his wife one night, causing her to call 911. When the police arrived at his home, his wife told them that he had kicked and pushed her. Client admitted to pushing his wife and was therefore arrested for domestic assault and battery. The prosecution was unwilling to drop the charges. Client therefore hired Attorney Yannetti, who scheduled the case for trial and prepared several pre-trial motions. One of those motions -- a motion for a required finding of not guilty -- explained the corroboration rule and cited legal precedent in an attempt to convince the prosecutor to drop the case. Today, Attorney Yannetti convinced the judge to dismiss the case after Client's wife asserted her spousal privilege in open court. Result: Case Dismissed.
January 7, 2008
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a medical school graduate applying for his residency, was charged with shoplifting after allegedly taking some men's cologne from a downtown department store. If a criminal complaint was issued against him, his prospects for employment would be greatly diminished. Client hires Attorney Yannetti, who schedules the case for a clerk magistrate's hearing. Today, Attorney Yannetti convinced the assistant clerk magistrate that no complaint should be issued against Client. Client's record therefore remains completely clean. Result: Application for Complaint Dismissed.
January 4, 2008
Boston Municipal Court
Central Division
Docket No. 9801-CR-2782
This past Monday, Attorney Yannetti succeeded in obtaining a new trial and a "Not Guilty" verdict for Client regarding this old shoplifting case. Over the past few days, Client wrestled with the decision of whether he should still petition the court to seal the case, in light of his aquittal. He ultimately decided that he did indeed want to have the case sealed. 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.
January 4, 2008
Boston Juvenile Court
Docket No. DL07RO536
Client, a 17 year-old high school senior, was charged with three counts of indecent assault and battery as a result of allegedly molesting his 12 year-old cousin several times over the course of a summer. If adjudicated delinquent, he faced potential incarceration and a requirement that he register as a sex offender for the rest of his life. Client hired Attorney Yannetti while the case was still under investigation. After a year's worth of work on the case, Attorney Yannetti finally convinces the prosecutor to dismiss one of the charges, and to reduce the remaining two charges to simple assault and battery -- a misdemeanor. Today, Client admits to two counts of simple assault and battery and receives probation for six months. He needs to perform seven days of community service and stay out of trouble. As long as he complies with those terms of probation, the case will be behind him for good in six months. Result: One sex-offense charge is Dismissed, the other two are reduced to simple assault-and-battery and Client Completely Avoids the Sex Offender Registry.
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