December 31, 2009
Wrentham District Court
Docket No. 0957-CR-0854
Client, a 37 year-old married man with no prior criminal record, was charged with "open and gross lewdness." A cashier at a pharmacy had reported to the police that when Client brought his purchases to the counter to pay for them, his erect penis was exposed outside his jeans. A store video captured the incident. If convicted, Client faced the prospect of a felony conviction and eventual sex offender registration. Client retained Attorney Yannetti to help him avoid those catastrophic consequences. Today, after several months of investigation and negotiation, Attorney Yannetti persuades the prosecutor to recommend pre-trial probation. Client admits to no wrongdoing and after 18 months -- as long as he successfully complies with the terms of his pre-trial probation -- the case will be dismissed with no repercussions for Client's record. Result: Case Dismissed.
December 8, 2009
Quincy District Court
Docket No. 0956-CR-5725
Client, a 21 year-old man, was already on probation for illegal possession of a class D controlled substance when he was arrested again for the same offense. The police therefore charged him with "second offense possession of a class D controlled substance." If convicted on this subsequent offense, Client would face a potential house-of-correction sentence for having violated his probation by committing a new crime. Client hired Attorney Yannetti to help him avoid going to jail. After negotiating with the district attorney's office for six weeks, Attorney Yannetti today persuades the prosecutor to lower the charge to "first offense possession of marijuana," and to dismiss the case upon the payment of $500 in court costs. The judge agrees to accept this disposition of the case. Client therefore admits to nothing, receives no conviction and this case is over today with no ramifications to Client's probation or criminal record. Result: Case Dismissed.
November 27, 2009
Boston Municipal Court
Roxbury Division
Docket No. 0902-CR-4669
Client, a graduate student at a prestigious university, was in the U.S. on a student visa from Israel. His girlfriend, who had a history of mental illness, called 911 during an argument and Client was arrested and charged with Domestic Assault and Battery. When the police arrived, they allegedly saw Client's girlfriend bleeding from the mouth with scratches to the back of her neck. Client hired Attorney Yannetti to fight the charge. Attorney Yannetti prepared extensive motions in limine and memoranda of law in preparation for today's trial date. When the case is called for trial, Attorney Yannetti's motion to dismiss is granted by the judge. Result: Case Dismissed.
November 24, 2009
Cambridge District Court
Clerk's Hearing
Client, a first-year student at a prestigious law school, faced a felony complaint of Malicious Damage to a Motor Vehicle, as a result of a past "road rage" incident. While biking to school one morning, Client allegedly pounded the hood of the car driven by a middle-aged woman, then "keyed" the whole side of her car. Client hired Attorney Yannetti to represent him at the clerk magistrate's hearing. Today, Attorney Yannetti persuades the alleged victim, the police, and the assistant clerk magistrate that no complaint should issue against Client. Client only needs to pay the $500 insurance deductible of the alleged victim and the application for complaint against him will be dismissed. Client never appears before a judge. This case will therefore never appear on his criminal record. Result: Application for Complaint Dismissed.
November 23, 2009
Cambridge District Court
Docket No. 0952-CR-0908
Client, an 18 year-old high school senior, was observed by the police engaging in a hand-to-hand drug transaction. Before the police descended upon Client's car, they heard the alleged buyer say to Client, "I'll be calling you for more of this stuff." The police then separated Client from the alleged buyer and found some marijuana on the floor of Client's car. When the police found two buds of marijuana in the pocket of the alleged buyer, he told the police that he had just purchased them from Client for $40. The police then found two $20 bills in Client's pocket and the box for a digital scale in the car. As a result, Client was charged with Distribution of a Class D Controlled Substance. If convicted, Client faced the prospect of a potential house-of-correction sentence, a permanent entry on his criminal record, and a loss of his driver's license for two years. Client hired Attorney Yannetti to fight the charge. Attorney Yannetti takes the case to trial today. Result: Not Guilty Verdict after trial.
November 20, 2009
Taunton District Court
Clerk's Hearing
Client, a 37 year-old businessman going through a contentious divorce, faced a complaint of Domestic Assault and Battery. His wife had called the police to allege that when she arrived at his house to pick up their children, Client grabbed at her, tried to shove a telephone down her shirt and pushed at her. After his wife applied for a criminal complaint against him, Client hired Attorney Yannetti to represent him at the clerk magistrate's hearing. Today, after a hard-fought hearing which featured the testimony of several witnesses, Attorney Yannetti persuades the assistant clerk magistrate not to find probable cause for any crime. As a result, no complaint issues against Client. Client never appears before a judge. This case will therefore never appear on his criminal record. Result: Application for Complaint Dismissed.
November 19, 2009
Boston Municipal Court
West Roxbury Division
Docket No. 0906-CR-1752
Client, a third-year student at a prestigious law school, was arrested and charged with Domestic Assault and Battery as a result of a 911 call placed by his long-time girlfriend to the Boston Police. When the police arrived, they allegedly learned that a neighbor had seen the girlfriend crying outside Client's apartment. His girlfriend allegedly told the police that Client had banged her face against the floor during a fight inside the apartment, then threw her out. The police allegedly observed bruising and swelling to the girlfriend's face. Client hired Attorney Yannetti to fight the charge. After investigating, Attorney Yannetti scheduled the matter for trial today. Pointing out conflicting statements by Client's girlfriend, Attorney Yannetti persuades the judge to dismiss this case over the strenuous objection of the prosecutor. Result: Case Dismissed.
November 2, 2009
Waltham District Court
Docket No. 0812-CR-0368
Client was charged with Assault and Battery as a result of an alleged incident of Domestic Violence between his wife and him. The incident in question led his wife to file for divorce, and she very much wanted Client to be prosecuted in criminal court. Client hired Attorney Yannetti to fight the charge. After months of investigation and negotiation, Attorney Yannetti 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 one year -- as long as he successfully complies with the terms of his pre-trial probation -- the case will be dismissed with no repercussions for Client's record. Result: Case Dismissed.
October 30, 2009
Boston Municipal Court
East Boston Division
Docket No. 0805-CR-1015
Client, the local station manager for an airline, hired Attorney Yannetti in 2007 to fight charges that he had embezzled approximately $36,000.00 over the course of a year from his employer. On January 20, 2009, Attorney Yannetti persuaded a judge to allow his motion to dismiss the case. Client thereafter rehired Attorney Yannetti to petition the court to seal the case. Today, Attorney Yannetti succeeds in having all records of this case permanently sealed. As a result, Client can now truthfully answer on any job or official application that he has never been arrested, charged or convicted of any crime. Result: Case Permanently Sealed.
October 23, 2009
Framingham Juvenile Court
Docket No. DL 09-F-0163
Client, a middle-school student, allegedly grabbed and pushed a 10 year-old fellow student at a bus stop. As a result, the boy suffered a broken bone in his arm, lost a tooth and chipped a second tooth. Client was charged with assault and battery. Client's mother hired Attorney Yannetti to preserve Client's clean criminal record. Today, after several months of negotiation, Attorney Yannetti persuades the prosecutor and the judge to place Client on pre-trial probation. Client therefore does not plead delinquent or guilty and admits to no wrongdoing. As long as he completes twenty hours of community service and does not get arrested again, the case will be dismissed with no repercussions for Client's criminal record. Result: Case Dismissed.
October 21, 2009
Brighton Municipal Court
Central Division
Docket No. 0908-CR-0687
Client, a 24 year-old man who works at a software development company, was arrested in May after a female student had reported that Client had masturbated in her presence in the elevator of a local college dormitory. Client hired Attorney Yannetti to resolve this case and minimize the damage to client's record and reputation. Today, after several months of negotiation, Attorney Yannetti persuades the prosecutor to reduce the charge from "Open and Gross Lewd and Lascivious Behavior" (which could have set the stage for Client ultimately having to register as a sex offender) to "Indecent Exposure" (which poses no such risk). Additionally, Attorney Yannetti convinces the judge to continue the case without a finding, so that no conviction results. Result: Client avoids the more serious offense and avoids a conviction entirely.
October 16, 2009
Boston Municipal Court
Central Division
Docket No. 1977-56 and 1977-61
Client was convicted in 1977 of unlawful possession of a firearm and possession of marijuana with the intent to distribute. At the time, Client was a recent immigrant from Trinidad & Tobago. For the next thirty years, Client led a productive life here in the U.S., gaining notoriety as a singer for a popular reggae band. He was shocked to learn that he now faced deportation as a result of his 1977 convictions in the Boston Municipal Court. Client retained Attorney Yannetti to try to reverse the convictions so that he would be able to avoid deportation. Attorney Yannetti then investigates this matter and conducts the appropriate legal research, which results in a motion for new trial and a 22-page memorandum to support it. On September 17, 2009, after a hearing before a B.M.C. judge, Attorney Yannett's motion for new trial was allowed and the conviction was reversed. Today, the prosecutor announces in court that the district attorney's office will not appeal the judge's ruling. Client's record therefore no longer contains those serious felony convictions. He can no longer be deported. Result: Motion for New Trial Allowed, Case Dismissed and Client avoids almost certain deportation.
October 16, 2009
Boston Municipal Court
Central Division
Docket No. 0901-CR-3288
Client, an excellent University student who wants to become a veterinarian, was charged with credit card fraud. She allegedly was at a bar with some friends when she found an apparently abandoned pocket book in the ladies room. A little under the influence of alcohol, client allegedly proceeded to use a credit card from that pocket book to buy a round of drinks at the bar and was -- not surprisingly -- caught for doing so and arrested. Client hired Attorney Yannetti to help her to avoid a criminal conviction that would ruin her chance for further schooling and ruin her chance for her chosen career. Today, Attorney Yannetti persuades both the prosecutor and the judge to place Client on pre-trial probation. Client therefore does not plead guilty and admits to no wrongdoing. As long as she completes twenty hours of community service and does not get arrested again, the case will be dismissed with no repercussions for Client's criminal record. Result: Case Dismissed.
October 14, 2009
Boston Municipal Court
Chelsea Division
Docket No. 0814-CR-3681
Client was charged with domestic assault and battery after an eyewitness saw him strike his girlfriend in public. Client hired Attorney Yannetti to fight the charge, which had been brought pursuant to General Laws Chapter 209A. Today, when the case was scheduled for trial, the judge allowed Attorney Yannetti's motion to dismiss the complaint. Result: Case Dismissed.
September 15, 2009
Boston Municipal Court
Dorchester Division
Docket No. 0807-CR-4579
Client was charged with possession of cocaine with the intent to distribute within a school zone. If convicted, Client faced a minimum mandatory sentence of two years in the house of correction. Client hired Attorney Yannetti to fight the charges. Attorney Yannetti filed a motion to suppress the drugs that were found. Back in March, a full hearing was held on Attorney Yannetti's motion to suppress, during which Attorney Yannetti argued that the police had violated Client's constitutional rights by searching him on the day in question. Today, after the judge allowed the motion to suppress, the prosecutor announced that the district attorney's office would not appeal the judge's ruling. As a result, Attorney Yannetti persuades the judge to dismiss the complaint. Result: Motion to Suppress Allowed, Case Dismissed.
September 9, 2009
Orleans District Court
Docket No. 0826-CR-1880
Client, an 50 year-old technical writer for a software company, was vacationing down the Cape last summer and went to the beach. While body-surfing in the ocean, Client allegedly molested a 13 year-old girl by grabbing her leg and placing his hand underneath her bikini bottom. After the girl's mother reported Client's conduct to the lifeguards on the beach, the lifeguards reportedly watched Client following other young girls around in the water. As a result, Client was charged with indecent assault and battery on a child under 14 years of age. If convicted, Client faced incarceration in the house of correction for up to 2 1/2 years. Client would also have had to register as a sex offender for the rest of his life. Client hired Attorney Yannetti, who in turn hired an investigator to unearth exculpatory evidence. Attorney Yannetti also retained a forensic psychologist, who was prepared to testify regarding the issues of "suggestibility" and "confirmatory bias," in order to counter the lifeguards' anticipated testimony. Today, when Attorney Yannetti answered "ready for trial," the prosecutor offered a deal whereby Client would only admit to simple assault and battery and would be placed on probation for two years. Client elected to take the offer so that he would not risk having to register as a sex offender and be sentenced to the house of correction. Result: Client Avoids the Sex Offender Registry and Avoids a House-of-Correction Sentence.
September 8, 2009
Dedham District Court
Clerk's Hearing
Client, an 88 year-old elderly woman, was driving in a parking lot when she allegedly drove into a building then backed up at high rate of speed and hit four parked cars. When approached by the responding police officers, Client appeared to be disoriented. Client's family hired Attorney Yannetti to prevent a criminal charge of "operating to endanger" from issuing against Client. Today, Attorney Yannetti persuades both the police officer and the assistant clerk magistrate that the application for complaint should not issue against Client -- as long as Client surrenders her driver's license. Client never appears before a judge. This case will therefore never appear on her criminal record. Result: Application for Complaint Dismissed.
September 3, 2009
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a 19 year-old college student, was allegedly caught shoplifting at a upscale department store in Boston -- for the second time in a six month period. Client hired Attorney Yannetti to represent her at the clerk magistrate's hearing. Today, Attorney Yannetti persuades both the police officer and the assistant clerk magistrate that the application for complaint should not issue against Client -- despite the prior shoplifting incident. Client never appears before a judge. This case will therefore never appear on her criminal record. Result: Application for Complaint Dismissed.
September 2, 2009
Brockton District Court
Docket No. 0915-CR-4011
Client was charged with domestic assault and battery after his wife called 911 to report that Client had pushed her onto their bed, put his hand around her throat and told her that he wanted to kill her. Client admitted to the police that he had in fact pushed his wife during an argument. If convicted, Client faced certain deportation, as he had entered the U.S. on a student visa. Today, on a pre-trial hearing date, Attorney Yannetti persuades the prosecutor and the judge to dismiss the entire case against Client. Result: Case Dismissed.
September 1, 2009
Boston Municipal Court
Central Division
Docket No. 0901-CR-3288
Client was charged with domestic assault and battery as a result of allegedly hitting his wife several times while she held their 8 month-old baby in her arms. When the police arrived, Client admitted that he had in fact hit his wife. Client hired Attorney Yannetti to help him to avoid a criminal conviction. Today, Attorney Yannetti persuades both the prosecutor and the judge to place Client on pre-trial probation. Client therefore does not plead guilty and admits to no wrongdoing. As long as he completes a certified batterer's program and does not get arrested again, the case will be dismissed with no repercussions for Client's criminal record. Result: Case Dismissed.
August 31, 2009
Clinton District Court
Docket No. 0968-CR-1074
Client, a 38 year-old accountant, got very drunk and unruly at the wedding of his friend, to the point where the police had to be called. Before the police arrived, Client fell over from intoxication and suffered injuries to his head. When the police arrived, Client was covered in blood but was resisting medical attention. He allegedly ripped a neck brace off, pushed a police officer, ripped the officer's shirt, fought the police while they tried to arrest him and cut open an officer's finger during the struggle. As a result, Client faced charges of assault and battery on a police officer, resisting arrest, disorderly conduct and disturbing the peace. Client hired Attorney Yannetti to help him resolve this matter. Client had one prior criminal case, an OUI (DUI) which was continued without a finding three years ago. Today, Attorney Yannetti persuades the prosecutor and the judge to place Client on pre-trial probation. As long as Client avoids further trouble and refrains from drinking alcohol, this case will completely dismissed in six months, with no repercussions for Client's record. Result: Case Dismissed.
August 26, 2009
Somerville District Court
Clerk's Hearing
Client faced a charge of malicious destruction of property over $250 -- a felony -- as a result of an alleged "road rage" incident. Client allegedly cut off another vehicle in traffic, got out of his car and punched the driver's side fender of the other vehicle, damaging it. The middle-aged woman driving the other vehicle was terrified. She took down Client's license plate number and called the police. Client hired Attorney Yannetti to represent him at the clerk magistrate's hearing. Today, Attorney Yannetti persuades both the police officer and the assistant clerk magistrate that the application for complaint should not issue against Client -- as long as Client pays for the damages to the woman's vehicle. Client never appears before a judge. This case will therefore never appear on his criminal record. Result: Application for Complaint Dismissed.
August 20, 2009
Dedham District Court
Docket No. 0854-CR-1664
Client, a dental student, was arrested for OUI-2nd (operating under the influence of alcohol, having been previously convicted for OUI). A patrol officer pulled him over after allegedly having witnessed him swerving on the road right outside the police station. Once arrested, Client became unruly, uncooperative and verbally abusive to the officer. While going through the booking process, Client allegedly tried to free himself from the bench to which he had been handcuffed. Among other insults, Client allegedly swore at the officer, said the police were "worse than pedophiles," and mocked them for "keeping the streets safe." If convicted, Client faced the prospect of losing his eligibility to become a dentist. He would also have had to leave dental school in order to spend 14 days in an in-patient treatment program -- the minimum sentence upon conviction. Today, however, Attorney Yannetti achieved an acquittal for Client. Result: Not Guilty Verdict after Trial.
August 10, 2009
Framingham Juvenile Court
Clerk's Hearing
Three 14 year-old boys allegedly stole goods from a department store. The parents of all three boys hired Attorney Yannetti to represent the boys at a joint clerk's hearing. Today, Attorney Yannetti persuades both the police officer and the clerk magistrate that the application for complaint should not issue against any of the three Clients, as long as each one completes 20 hours of community service. Clients never appear before a judge. This cases will therefore never appear on their criminal records. Result: Applications for Complaints Dismissed.
August 4, 2009
Brockton District Court
Docket No. 0815-CR-1542
Client, a 32 year-old contractor, was charged with larceny over $250, a felony, as a result of a dispute he had in 2005 with a homeowner. Client allegedly took $80,000 from the homeowner, spent $13,000 of that money on architects, engineers and laborers, and pocketed the remaining $67,000. After being summonsed to the police station, Client gave a videotaped statement, during which he admitted that he owed tens of thousands of dollars to the homeowner. Client failed to pay any of the money back. Client hired Attorney Yannetti to investigate and help him resolve this matter. Attorney Yannetti arrives in court today ready for trial, and armed with a plethora of material to impeach the credibility of the homeowner. After a lobby conference and hours of negotiation with the prosecutor, Attorney Yannetti persuades the judge to dismiss the case against client upon the payment of $67,000. The judge agrees to dismiss the case over the prosecutor's objection. Result: Case Dismissed.
July 28, 2009
Dedham Juvenile Court
Clerk's Hearing
Client, a 17 year-old high school student, allegedly stole money from a fellow student's backpack in the school locker room. When contacted by the police, Client's parents hired Attorney Yannetti to resolve this matter. Attorney Yannetti brought his Client into the police station to give a statement and explain his actions. In exchange, the investigating officer agreed to schedule this matter for a clerk's hearing. Today, Attorney Yannetti persuades both the police officer and the assistant clerk magistrate that the application for complaint should not issue against Client, as long as he completes 80 hours of community service. Client never appears before a judge. This case will therefore never appear on his criminal record. Result: Application for Complaint Dismissed.
July 8, 2009
Dedham District Court
Docket No. 0854-CR-0780
Client, a 30 year-old veteran, was charged with failing to register as a sex offender. He had a prior continuance-without-a-finding disposition on a previous failure-to-register case back in 2005, so this was his second offense. Client hired Attorney Yannetti to help him avoid a conviction for this new charge. Attorney Yannetti proceeded to supervise an extensive investigation, which included the analysis and written report of a forensic psychologist to confirm that Client was a very low risk to commit another offense. Today, Attorney Yannetti persuaded a judge to continue this new case without a finding, over the prosecutor's objection. Client only needs to avoid further trouble and he will be eligible to have this case dismissed in a year. Result: Client Avoids a Conviction for this Repeat Offense.
July 1, 2009
Ayer District Court
Docket No. 0848-CR-2038
Client, a 38 year-old insurance agent, allegedly falsified an insurance application on behalf of a potential customer, signed that potential customer's name to the application and submitted it to an insurance company along with a forged check in the potential customer's name. When the check was returned for insufficient funds, the potential customer was notified by the Registry of Motor Vehicles that her driver's license was going to be suspended for her failure to insure her car. She therefore reported the fraud to the police, who proceeded to investigate. Client confessed to his wrongdoing. He then hired Attorney Yannetti to minimize the damage to his otherwise clean criminal record. Today, Attorney Yannetti persuaded the judge to continue this case without a finding -- over the objection of the prosecutor, who had insisted on convictions and a hefty fine. Client only needs to perform community service and will be eligible to have this case dismissed in 18 months. Result: Client Avoids a Conviction on All Charges.
June 26, 2009
Quincy District Court
Docket No. 0856-CR-3492
On May 14, 2009, Attorney Yannetti persuaded the judge to dismiss this cocaine distribution case against Client, after having first persuaded the judge to allow his motion to suppress the drugs from evidence. Thereafter, Client re-hired Attorney Yannetti to file a motion for the return of his property -- specifically, over $3,000 in cash that had been seized from Client's pockets on the day he was arrested. Today, Attorney Yannetti persuaded the judge to return all of Client's cash to him. Result: Motion for Return of Property Allowed.
June 22, 2009
Boston Municipal Court
Central Division
Docket No. 0901-CR-3131
Client, a 25 year-old law student, was arrested for operating under the influence of alcohol. The police alleged that Client sped through an intersection without stopping, drove the wrong way down a one-way street, refused to identify himself or otherwise cooperate with the police, and wound up calling the officers derogatory names before eventually breaking down and crying at the police station. Client hired Attorney Yannetti to minimize the damage to his otherwise clean criminal record. Today, Attorney Yannetti persuaded the judge to dismiss two criminal charges -- resisting arrest and failing to identify himself to the police -- over the prosecutor's objection. On the OUI charge, Client was given the minimum loss-of-license, the minimum fees and fines, and that charge was continued without a finding. Result: Client Has Two Criminal Charges Dismissed and Avoids a Conviction on the Remaining Charge.
June 22, 2009
Boston Municipal Court
Central Division
Docket No. 0801-CR-8913
Client, a 30 year-old professional, was charged with leaving the scene of an accident after causing property damage on the Massachusetts Turnpike. Client hired Attorney Yannetti to try to preserve his otherwise clean criminal record. Over the course of several months, Attorney Yannetti filed extensive discovery motions, which the judge allowed -- and with which the prosecutor had trouble complying. Today, Attorney Yannetti persuaded the judge to dismiss this case over the prosecutor's objection, because the prosecutor failed to comply with the discovery orders. Client therefore avoids a trial and a conviction. Result: Case Dismissed.
June 10, 2009
Dedham District Court
Clerk's Hearing
Client, a 17 year-old high school student, arrived at a party in his parent's car. A police officer watched him get out of the car with a beer bottle in his hands -- which Client proceeded to throw into the woods. The police also found in the trunk of the car one 12-pack of beer, another 30-pack of beer and a bottle of rum. Client's parents hired Attorney Yannetti to represent him at the clerk magistrate's hearing, where he faced the prospect of having a minor-in-possession-of-alcohol complaint issue against him. Today, Attorney Yannetti persuades both the police officer and the assistant clerk magistrate that the application for complaint should not issue against him. Client never appears before a judge. This case will therefore never appear on his criminal record. Result: Application for Complaint Dismissed.
June 10, 2009
Malden District Court
Docket No. 0850-CR-1362
In April of this year, this road-rage case was dismissed against Client after he had been placed on pre-trial probation and was ordered to receive anger-management counseling. Shortly after the dismissal, Client contacted Attorney Yannetti to petition to seal this case. Today, Attorney Yannetti succeeded in having all records of this conviction permanently sealed. As a result, Client can now truthfully answer on any job or official application that he has never been arrested, charged or convicted of any crime. Result: Case Permanently Sealed.
June 9, 2009
Boston Municipal Court
West Roxbury Division
Docket No. 0806-CR-0847
Back on May 1, 2008, Attorney Yannetti successfully persuaded the prosecutor and the judge to place Client on pre-trial probation for this complaint alleging possession of a Class C controlled substance, underage possession of alcohol, resisting arrest and disorderly person. Client successfully completed pre-trial probation and the case was dismissed on October 1, 2008. Client's parents recently re-hired Attorney Yannetti to petition the court to seal this case. Today, after a hearing in court, Attorney Yannetti persuades the judge to permanently seal all of the records pertaining to these charges. Result: Case Permanently Sealed.
June 3, 2009
Boston Municipal Court
East Boston Division
Docket No. 0805-CR-2342
Client, a foreign national in the U.S. on a student visa, failed to appear for his operating-after-suspension case back in January of this year. As a result, a warrant issued for his arrest. Client hired Attorney Yannetti to investigate and negotiate the terms of his surrender before the court. Attorney Yannetti contacted the prosecutor and eventually convinced him to agree that the charge should be dismissed. Today, Attorney Yannetti therefore brings Client into court to have the warrant recalled. Attorney Yannetti then persuades the judge to dismiss the case, upon the payment of $200 court costs. Result: Application for Complaint Dismissed.
June 1, 2009
Malden District Court
Clerk's Hearing
Client, a 20 year-old college student, was stopped by the police for a motor vehicle violation. Client allegedly was belligerent to the police, who found multiple bags of marijuana, a digital scale, and a stolen store sign in his car. Client hired Attorney Yannetti to represent him at the clerk magistrate's hearing, where he faced possible charges of larceny and possession of marijuana with the intent to distribute. Today, Attorney Yannetti persuades both the police prosecutor and assistant clerk magistrate that the application for complaint against Client should not issue. Client never appears before a judge. This case will never appear on his criminal record. Result: Application for Complaint Dismissed.
May 21, 2009
Boston Municipal Court
Roxbury Division
Clerk's Hearing
Client, a college student on the dean's list, allegedly stole the cellphone of a fellow student on campus. Client hired Attorney Yannetti to represent her at the clerk magistrate's hearing, where she faced the prospect of having a larceny complaint issue against her. Today, Attorney Yannetti persuades both the police prosecutor and assistant clerk magistrate that the application for complaint against her should not issue. Client never appears before a judge. This case will never appear on her criminal record. Result: Application for Complaint Dismissed.
May 14, 2009
Quincy District Court
Docket No. 0856-CR-6986
Client's girlfriend called 911 to report that Client had punched her in the face. When the police arrived at the house, she was bleeding profusely from her nose, crying hysterically, with a black eye. The police took photos of her injuries. Client was therefore charged with domestic assault and battery and hired Attorney Yannetti to represent him. As the trial date approached, Attorney Yannetti filed in court several motions in limine, seeking to prohibit the prosecutor from introducing damaging evidence against Client. Today, Attorney Yannetti persuades the judge to dismiss the complaint entirely. Result: Case Dismissed.
May 14, 2009
Quincy District Court
Docket No. 0856-CR-3492
Client was charged with possession of cocaine with the intent to distribute within a school zone. If convicted, Client faced a minimum mandatory sentence of two years in the house of correction. Client hired Attorney Yannetti to fight the charges. Attorney Yannetti filed a motion to suppress the drugs that were found, and also the $3000 in cash that Client had on his person. Back in January, a full evidentiary hearing was held on Attorney Yannetti's motion to suppress, during which Attorney Yannetti cross-examined the arresting officer. Today, after the judge allowed the motion to suppress, the prosecutor announced that the district attorney's office would not appeal the judge's ruling. As a result, Attorney Yannetti persuades the judge to dismiss the complaint. Result: Motion to Suppress Allowed, Case Dismissed.
May 7, 2009
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a college student with a very bright future ahead of her, was allegedly caught attempting to steal an expensive pair of designer jeans from an upscale department store. As a result, she faced the prospect of having a larceny charge on her otherwise clean criminal record. Client hired Attorney Yannetti to represent her at the clerk magistrate's hearing. Today, Attorney Yannetti persuades both the police prosecutor and assistant clerk magistrate that the application for complaint against her should not issue. Client never appears before a judge. This case will never appear on her criminal record. Result: Application for Complaint Dismissed.
May 1, 2009
Middlesex Superior Court
Woburn Division
Docket No. 2006-1436
Back on February 8, 2008, Attorney Yannetti successfully persuaded the prosecutor and the judge to dismiss two serious indictments against Client -- one for deriving support from prostitution and the other for keeping a house of ill fame. Client thereafter re-hired Attorney Yannetti to petition the court to seal both indictments. Today, after a hearing in court, Attorney Yannetti persuades the judge to permanently seal all of the records pertaining to those charges. Result: Case Permanently Sealed.
April 28, 2009
Malden District Court
Docket No. 0850-CR-4568
Client, a data analyst hoping to become an American citizen, was charged with domestic assault and battery as a result of an alleged altercation with his wife. When the police arrived at their home in response to a 911 call at 10:30 p.m., Client's wife told the police that Client had slapped and pushed her after discovering certain e-mails that she had sent. The police observed scratches to Client's wife's face and head. The district attorney's office has a well-known policy of not agreeing to a dismissal of such charges at a pre-trial date. Today, however, Attorney Yannetti persuades the prosecutor and the judge to dismiss the entire case against Client. Result: Case Dismissed.
April 27, 2009
Boston Municipal Court
Central Division
Docket No. 0901-CR-2635
Client, a recent college graduate working as a new associate in a local firm, was arrested for attempting to steal over $2,000 in clothing from an upscale department store. As a result, she faced a charge of larceny over $250, a felony. 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 six months -- as long as she avoids further arrests -- the case will be dismissed with no repercussions for Client's record. Result: Case Dismissed.
April 23, 2009
Somerville District Court
Docket No. 0610-CR-2715
Back in September 2006, multiple charges of prostitution were dismissed against Client after she was indicted and the case was brought to superior court. Client therefore hired Attorney Yannetti to petition the court to seal these district court charges. Today, after a hearing in court, Attorney Yannetti persuades the judge to permanently seal all of the records pertaining to this case. Result: Case Permanently Sealed.
April 2, 2009
Cambridge District Court
Docket No. 0752-CR-3226
Back on August 8, 2008, after convincing a judge to suppress from evidence the cocaine that had allegedly been found on Client's person, Attorney Yannetti persuaded the district attorney's office to dismiss this narcotics case against Client. Client thereafter re-hired Attorney Yannetti to petition the court to seal the case. Today, after a hearing in court, Attorney Yannetti persuades the judge to permanently seal all of the records pertaining to this case. As a result, Client can now truthfully answer on any job or official application that he has never been arrested, charged or convicted of any crime. Result: Case Permanently Sealed.
March 26, 2009
Worcester District Court
Docket No. 9062-CR-7593
Back in 1990, represented by another attorney, Client pled guilty to shoplifting and paid a fine despite having no previous criminal record. Client was 23 years old then. In the ensuing years, Client graduated from school, moved out of state and became a police officer. Client therefore contacted Attorney Yannetti to petition to seal this old conviction. Today, Attorney Yannetti succeeded in having all records of this conviction permanently sealed. As a result, Client can now truthfully answer on any job or official application that she has never been arrested, charged or convicted of any crime. Result: Case Permanently Sealed.
March 20, 2009
Framingham District Court
Docket No. 0849-CR-2437
Client, a married family man, was arrested for assault and battery and operating to endanger as a result of an alleged mishap on the Massachusetts Turnpike. Client allegedly drove through the "Fast Lane" tolls without having the proper transponder in his vehicle. When approached by a toll-taker, Client willingly provided his driver's license for identification, but refused to sign any paperwork. When the toll-taker resisted returning his license, Client grabbed it out of the toll-taker's hands -- causing the toll-taker to lose his balance and fall face-first onto the roof of Client's vehicle. Client then sped off. The toll-taker broke his front teeth. Client hired Attorney Yannetti who, after several months of negotiation, eventually persuades the toll-taker to sign an "accord and satisfaction." The toll-taker essentially agrees to tell the prosecutor that he does not wish to go forward with the case. Today, over the prosecutor's objection, Attorney Yannetti persuades the judge to dismiss the case against Client. Result: Case Dismissed.
March 19, 2009
Dedham District Court
Docket No. 0809-CR-300 and 0809-CR-0377
Client, a law student, was arrested for domestic assault and battery, intimidation of a witness, malicious destruction of property, threats, and violation of restraining order. The allegations were made by his ex-girlfriend, who was a law student as well. She claimed that Client had chased her down in an apartment building, slammed her head against the wall, tackled her, pushed her head into the floor, broke her cellphone when she tried to call "911," and violated the restraining order that was subsequently issued by a judge in the aftermath of the allegations. The case took the better part of a year to be called for trial. In the meantime, Client graduated from law school, passed the bar exam, but could not become a lawyer unless he was acquitted of all charges. Currently working for a prestigious law firm, Client would have lost his job if convicted of any of the many crimes with which he was charge. Trial began yesterday. During his cross-examination of Client's ex-girlfriend, Attorney Yannetti successfully exposes her as a liar. Today, Attorney Yannetti achieved an acquittal of all charges for Client. Result: Not Guilty Verdict after Trial.
March 12, 2009
Waltham District Court
Clerk's Hearing
Client, a college student, was stopped in a car with marijuana in her possession -- back in December, before marijuana possession was decriminalized. Client therefore hired Attorney Yannetti, who advises Client to request a clerk's hearing. The clerk magistrate thereafter denies the complaint. Client never appears before a judge and this case will never appear on her criminal record. Result: Application for Complaint Dismissed.
March 11, 2009
Boston Municipal Court
Brighton Division
Docket No. 0908-CR-0063
Client, a 23 year-old professional, went out drinking with some friends one night. On the way home, he allegedly was kicking a plastic gas container down the street. At one point, while a police officer watched in horror, Client allegedly bent down near the gas container with a lit cigar in his hand. When the police stopped him, Client allegedly admitted trying to light the gas container on fire. He was therefore arrested for two counts of attempted arson (a felony), as well as one count of disorderly conduct. Client hired Attorney Yannetti. At the pre-trial conference, Attorney Yannetti persuades the prosecutor to dismiss both counts of attempted arson. On the misdemeanor charge, Attorney Yannetti files a motion for pre-trial probation. The prosecutor assents, and the judge allows the motion. Client only needs to perform 40 hours of community service and the case will be dismissed with no admission of guilt. Result: Both Felony Charges Dismissed, Misdemeanor Charge to be Dismissed.
February 23, 2009
Boston Municipal Court
Central Division
Docket No. 0201-CR-1073
Back in 2002, represented by another attorney, Client admitted to sufficient facts to a larceny charge, despite the fact that he was not a citizen. Several years later, married with a young child, he faced the prospect of deportation -- despite having successfully completely probation and never being charged with any other crime. Client therefore hires Attorney Yannetti to investigate whether this old case might be re-opened. After researching the court's file, Attorney Yannetti discovers an error in the paperwork filed with the court at the time that client admitted to sufficient facts. Attorney Yannetti therefore files a motion for new trial. Today, Attorney Yannetti persuades the judge to allow his motion for new trial. This case is then resolved in a fashion that will not hinder Client's attempts to become a citizen. Result: Client's Immigration Status Preserved.
February 12, 2009
Middlesex Superior Court
Woburn Division
Docket No. 87-3487
Back in 1989, represented by another attorney, Client was sentenced to 6-8 years in state prison for a distribution of cocaine case. In 1990, after serving part of his state-prison sentence, Client's sentence was revised to a suspended sentence. He successfully completed probation in 1993. By early 2009, Client had grown up, completely turned his life around, and was now a medical doctor. Client contacts Attorney Yannetti to petition the court to seal this old conviction. Today, Attorney Yannetti's petition to seal was successful. As a result, Client can now truthfully answer on any job or official application that he has never been arrested, charged or convicted of any crime. Result: Case Permanently Sealed.
February 9, 2009
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a law student, went out one night during "finals" week and had too much to drink. On his way home, he allegedly kicked in the window of a local apartment building -- for no apparent reason. Client hired Attorney Yannetti to represent him at a clerk's hearing for the potential felony charge of malicious destruction of property. If a complaint was issued against him, Client faced the prospect of having an entry on his criminal record, which would have severely damaged his prospects for future employment in the legal field. Today, Attorney Yannetti persuades the police prosecutor and assistant clerk magistrate that the application for complaint against him should not issue. Client never appears before a judge. Client needs only to make restitution for the broken window and this case will never appear on his criminal record. Result: Application for Complaint Dismissed.
February 6, 2009
Framingham Juvenile Court
Docket No. DL-08-F-0842
Client, a junior high school student, was charged with assault and battery by means of a dangerous weapon, a felony, as a result of allegedly participating in a group beating of a fellow student on school grounds. Client's parents hired Attorney Yannetti, who, after months of negotiation, eventually persuades the prosecutor to drop the felony charge. Further, the prosecutor agrees to recommend a continuance-without-a-finding on a misdemeanor assault and battery charge. Over the prosecutor's objection, Attorney Yannetti then persuades the judge to order that Client's probation be "unsupervised," so that he does not need to report to the courthouse every month to check in with a probation officer -- and he does not need to pay the higher fees associated with supervised probation. Client needs only to perform 20 hours of community service and the case will be dismissed in six months. Result: Felony Dismissed, Client avoids conviction on misdemeanor.
February 3, 2009
Dedham District Court
Clerk's Hearing
Client, a construction manager, was under police surveillance when he allegedly distributed one-half pound of marijuana to someone else. Client hired Attorney Yannetti to represent him. Today, at the clerk's hearing, Attorney Yannetti cross-examines the arresting police officer. At the conclusion of the hearing, the officer agrees to reduce the charge from distribution of marijuana to simple possession of marijuana. When Client is eventually arraigned before a judge, he faces a substantial reduction in possible penalties -- and will almost certainly not receive a criminal conviction regarding this matter. Result: Application for a Complaint charging Distribution of Marijuana and Conspiracy Dismissed. Complaint issues only for simple possession of marijuana.
January 29, 2009
Quincy District Court
Docket No. 0756-CR-7625
Client was arrested for possession of a class A substance (heroin) and conspiracy to violate the controlled substances laws. Client hired Attorney Yannetti, who files a motion to suppress the drugs that were seized from Client. Today, when the motion to suppress was scheduled for a hearing, the district attorney's office decides not to go forward with the complaint. Result: Case Dismissed.
January 28, 2009
Cambridge District Court
Docket No. 0852-CR-1117
Client, a young professional, allegedly smashed a window of a home one night and entered to find a young mother and her child, both terrified. He allegedly told them that he was going to sleep there that night. When he went over to the sofa in the living room, the mother locked her child and herself in another room and dialed "911." The police arrived to find Client asleep on the couch. As a result, Client was charged with breaking and entering into a dwelling with the intent to commit a felony. Client hired Attorney Yannetti, who, after months of negotiation, eventually persuades the prosecutor to agree to drop the felony charge. Further, the prosecutor agrees to recommend a continuance-without-a-finding on a misdemeanor charge -- breaking and entering with intent to commit a misdemeanor. Client needs only to pay $800 in restitution for the broken window and the case will be dismissed in one year. Result: Felony Dismissed, Client avoids conviction on misdemeanor.
January 27, 2009
Worcester District Court
Docket No. 0862-CR-11916
Client, a young professional, was arrested for possession of a class D substance as a result of a motor vehicle stop by the police. Today, on his scheduled arraignment date, Attorney Yannetti convinces the district attorney's office that Client should not be arraigned. Instead, Client is placed in a pre-trial diversion program. As a result, this case will never appear on Client's criminal record. Client only needs to perform community service and this case will be dismissed in three months, without any arraignment. Result: Case Dismissed.
January 21, 2009
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a grave-digger from out-of-state, was in Boston for a bachelor party. While walking on the street with his fellow party-goers, he purchased some cocaine from a street dealer, in front of a police officer. Client hired Attorney Yannetti, who schedules the case for a clerk's hearing. Today, Attorney Yannetti persuades the police prosecutor and assistant clerk magistrate that the application for complaint against him should not issue. Client never appears before a judge, and this case will never appear on his criminal record. Result: Application for Complaint Dismissed.
January 20, 2009
Boston Municipal Court
East Boston Division
Docket No. 0805-CR-1015
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 -- thereby damaging the prosecution's case. Back on April 23, 2008, when the case was finally scheduled for trial, Attorney Yannetti convinced a judge to dismiss the case without prejudice. The prosecution, however, then re-applied for a new complaint in East Boston. Attorney Yannetti therefore filed a second motion to dismiss, before a different judge. Today, that new judge allows Attorney Yannetti's motion to dismiss, agreeing that Client's speedy trial rights were violated. Result: Case Dismissed.
January 16, 2009
Concord District Court
Clerk's Hearing
Client, a graduate student, was facing a complaint for shoplifting from a local farm stand. If the complaint had issued, Client would have had an entry on her criminal record. Today, Attorney Yannetti persuades the police prosecutor and assistant clerk magistrate that the application for complaint against her should be dismissed. As a result, a CORI check will not reveal to an inquiring employer that this case ever existed. Result: Application for Complaint Dismissed.
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