December 29, 2010
Boston Municipal Court
Central Division
Clerk's Hearing
Clients, two 19 year-old university students, were allegedly caught red-handed leaving a liquor store after having purchased alcohol with fake ID's. If complaints were to have issued against these young women, they would have entries on their CORI (Massachusetts criminal record). Both students hired Attorney Yannetti to represent them. Today, at the clerk magistrate's hearing, Attorney Yannetti persuades the police and the magistrate that no complaint should issue against either Client. Result: Application for Complaint Dismissed.
December 17, 2010
Boston Municipal Court
Central Division
Docket No. 0801-JC-1148-2
This was a terrific win for my office and a great way to end the year. When he was arrested two years ago, Client was a 26 year-old student at a prestigious university, working nights at a sports club in Boston as a doorman. Client had moved up to Massachusetts from Missouri a few months beforehand, taking with him his handgun that he always kept in his home. Unfortunately, Client did not properly investigate the gun licensing laws in Massachusetts. When a co-worker found the gun in Client's coat at work, Client was arrested for Carrying a Firearm without a License -- a charge which carries upon conviction a minimum, mandatory 18 month house-of-correction sentence. Client was also charged with Unlawful Possession of Ammunition. Client hired Attorney Yannetti. Over the course of two years, Attorney Yannetti filed several motions which resulted in the production of evidence that was helpful to Client's case. Still, the police testified at trial that Client admitted that the coat was his and that he knew the gun was in the coat. Further, Client's fingerprint was found on the gun. Today, after a three-day trial, Client is acquitted of both charges. Result: Not Guilty Verdict after Jury Trial.
December 8, 2010
Boston Municipal Court
Brighton Division
Docket No. 0608-CR-1308
Client, a prospective medical student, initially hired Attorney Yannetti in 2006 to represent her on this Disturbing the Peace case. The police had been summoned to her apartment while she was in college in Boston to investigate a noisy college party. They arrested Client, but Attorney Yannetti succeeded in persuading the prosecutor and the judge to dismiss the case against her. Recently, while she was applying for medical school, Client re-hired Attorney Yannetti to seal this case in order to reduce the chances that it would appear in university background checks. Today, Attorney Yannetti persuades the judge to seal the criminal record of this case. Result: Case Permanently Sealed.
December 7, 2010
Dedham District Court
Clerk's Hearing
Client, a 45 year-old orthopedic assistant, faced a potential complaint consisting of more than 20 counts of Illegal Possession of a Firearm, as well as Possession of a Class D Controlled Substance with the Intent to Distribute, as a result of a search warrant conducted at her home. Client hired Attorney Yannetti, who contacts the lead police investigator. At a meeting at the police station, Attorney Yannetti persuades the investigator that Client's ex-boyfriend was responsible for the guns and drugs -- not Client. Today, at the clerk magistrate's hearing, Attorney Yannetti persuades the investigator and the assistant clerk magistrate that no complaint should issue against Client. Result: Application for Complaint Dismissed.
November 24, 2010
Boston Municipal Court
West Roxbury Division
Clerk's Hearing
Client, a highly educated Canadian national working as a researcher at a prestigious Massachusetts University, is going through a bitter divorce. His wife took out a restraining order against him and reported to the police that he had struck her. As a result, the police applied for a criminal assault-and-battery complaint against Client. Both Client's wife and her attorney desperately wanted the complaint to issue against Client, because a criminal conviction would ultimately lead to Client's deportation -- and he would lose any chance he had to obtain custody of their young son. Today, at the clerk magistrate's hearing, Attorney Yannetti exposes Client's wife as a liar. Over the objection of her attorney and the police, the complaint does not issue against Client. Result: Application for Complaint Dismissed.
November 17, 2010
Lynn District Court
Docket No. 1013-CR-4330
Client, a successful businessman, was allegedly caught by a female employee while he was masturbating at his desk at work. As a result, Client was charged with Indecent Exposure. Client hired Attorney Yannetti to minimize the embarrassment of this case while trying to bring it to the swiftest and least painful resolution. Attorney Yannetti negotiates with the attorney for the female employee and eventually reaches an agreement that is acceptable to both her and Client. Today, Attorney Yannetti persuades the prosecutor and the judge to accept an "accord and satisfaction." The case is therefore dismissed and none of the fact were aired publicly. Result: Case Dismissed.
November 15, 2010
Norfolk Superior Court
Docket No. 2008-0542
Client was charged with Trafficking in Cocaine over 28 Grams and 15 counts of Illegal Possession of a Firearm. The police alleged that they executed a search warrant at Client's home and found a large amount of cocaine -- much of which was packaged for individual sale, as well as large collection of guns. Client initially hired another attorney, who filed a pre-trial motion to dismiss the cocaine trafficking indictment. After Client's first attorney lost that motion, Client hired Attorney Yannetti. Attorney Yannetti conducts a further investigation and uncovers evidence that the police misled the grand jury during crucial testimony. As a result, Attorney Yannetti files his own motion to dismiss. Today, a Norfolk Superior Court judge allows the motion to dismiss the cocaine trafficking indictment -- which reduces that charge to possession of cocaine with intent to distribute. Whereas the trafficking charge carries a minimum mandatory sentence of 5 years in state prison, the reduced charge carries no mandatory jail sentence. As a result, Client elects to plead guilty to possession with intent to distribute. The prosecutor recommends that he serve one year in prison, but Attorney Yannetti persuades the judge to instead impose three years of probation. Client only needs to refrain from using drugs and he will escape a jail sentence completely. In addition, Attorney Yannetti persuades the prosecutor and judge to dismiss 11 of the 15 firearms charges. Result: Motion to Dismiss the Trafficking in Cocaine Indictment Allowed, Client Avoids Minimum Mandatory 5-Year State Prison Sentence and Instead Receives Probation.
November 10, 2010
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a 22 year-old female university student, faced a potential charge of Assault and Battery. Client allegedly became very intoxicated one night when she got into a public dispute with two men in a hotel lobby. Client allegedly knocked one of the men off-balance on an escalator, causing him to fall down and suffer serious injuries. A hotel video camera captured the entire incident. Client's father hired Attorney Yannetti to try to keep this offense from appearing on Client's criminal record. At the initial clerk magistrate's hearing on September 29, 2010, Attorney Yannetti agreed with the police and the injured man's attorney to postpone the hearing in order to attempt to reach a civil settlement. Today, after an acceptable settlement had been reached, the police and the injured man agree to withdraw the complaint. Client never appears before a judge, so her criminal record remains clean. Result: Application for Complaint Withdrawn.
November 9, 2010
Cambridge District Court
Docket No. 0952-CR-2173
On April 14, 2010, Attorney Yannetti achieved a Not Guilty Verdict after OUI/DUI trial for this Client, a 24 year-old man. When Client was originally arrested, he refused to take the breathalyzer test, so his license was suspended. Even after a Not Guilty Verdict, the Massachusetts Registry of Motor Vehicles will not reinstate a person's license unless ordered to do so by a judge. Today, Attorney Yannetti succeeds in convincing the judge that Client indeed deserves to have his driver's license reinstated. Result: Driver's License is Reinstated, Despite His Refusal to Take Breathalyzer Test.
November 9, 2010
Cambridge District Court
Docket No. 1052-CR-2853
Client, a 29 year-old Chinese immigrant, was arrested for Domestic Assault and Battery and Assault and Battery by Means of a Dangerous Weapon. The police alleged that Client had punched her husband in the face, breaking his glasses and causing bruising to his eye. When the police arrived at the house, they also found Client's mother-in-law crying hysterically. Client allegedly threw a coffee cup at her mother-in-law when she tried to break up the fight, and Client's mother-in-law was injured as a result. Client hired Attorney Yannetti shortly after arraignment, desperately seeking a dismissal of these serious charges without having to schedule the case for trial. Attorney Yannetti interviews the entire family and recommends that Client's mother-in-law retain her own attorney. Today, at the first pre-trial conference, Attorney Yannetti persuades the judge to dismiss the entire case over the prosecutor's objection. Result: Case Dismissed.
November 4, 2010
Boston Municipal Court
South Boston Division
Docket No. 1003-CR-0438
Client, a 34 year-old professional, was arrested for Domestic Assault and Battery as a result of an argument with his girlfriend. Client's girlfriend told the police that Client had pushed her in the face and chest and knocked her to the floor. Client hired Attorney Yannetti shortly after arraignment. Attorney Yannetti conducted a thorough investigation over the course of five court dates before scheduling the case for trial. Today, on the trial date, the judge grants Attorney Yannetti's motion to dismiss. Result: Case Dismissed.
October 28, 2010
Somerville District Court
Clerk's Hearing
Client, a 46 year-old school teacher, faced a potential charge of Leaving the Scene of an Accident after Causing Property Damage. Client was the registered owner of a car that allegedly caused an accident in front of an eyewitness who managed to get her license plate. Client hired Attorney Yannetti. At the clerk's hearing today, Attorney Yannetti persuades the Clerk Magistrate that no complaint should issue against Client. Client never appears before a judge, so her criminal record remains clean. Result: Application for Complaint Dismissed.
October 28, 2010
Framingham District Court
Docket No. 10496-CR-0418
Client, a 30 year-old educated and employed woman, became addicted to Ambien, a prescription sleep medication. In the midst of her addiction, she went to several different doctors and obtained multiple prescriptions in different states -- without informing any doctor of the other prescriptions. When the state police investigated, Client hired Attorney Yannetti. Attorney Yannetti negotiated the terms of Client's surrender before the court, so that Client was not arrested. She was, however, charged with three counts of Obtaining Drugs by Fraud. Over the course ten months, Attorney Yannetti investigated this case and finally prepared a persuasive argument for leniency. Today, Attorney Yannetti convinced the district attorney's office to agree to a recommendation of pre-trial probation. The judge also agrees with the recommendation, with the stipulation that Client must continue her treatment and refrain from using any drugs. This case will therefore be dismissed with no repercussions for Client's record, as long Client stays out of trouble. Result: Case Dismissed.
October 27, 2010
Quincy District Court
Docket No. 1056-CR-4431
In a case that generated a lot of publicity, Client, a 23 year-old man, was charged with multiple counts of Armed Robbery and Kidnapping. The police alleged that Client had placed an advertisement on Craig's List, then robbed the buyers at gunpoint when they arrived at an agreed-upon location. When Client's father hired Attorney Yannetti, Client was being held in custody in lieu of $10,000 cash bail. When Attorney Yannetti appeared for Client's arraignment, the prosecutor asked the judge to increase Client's bail to $100,000. Instead, Attorney Yannetti persuaded the judge to reduce Client's bail to $7,500. Client posted that bail shortly thereafter and returned home to his father. Over the next two months, Attorney Yannetti presented exculpatory information to the prosecutor, to show that this case was not what it first appeared to be. Today, when the case was scheduled for a probable cause hearing, Attorney Yannetti persuades the prosecutor and the judge to dismiss all charges. Result: Case Dismissed.
October 26, 2010
Boston Municipal Court
Central Division
Docket No. 1001-CR-5665
Client, a 25 year-old account manager for an internet marketing consulting firm, was charged with Trespassing and Resisting Arrest. The police alleged that Client had tried to re-enter a downtown bar after he had been asked to leave the premises, then pushed an officer away and otherwise resisted arrest after remaining unruly. Client therefore hired Attorney Yannetti, who schedules the case for a pre-trial hearing. Today, Attorney Yannetti persuades the prosecutor and the judge to dismiss the case upon Client's performance of 25 hours of community service. Result: Case Dismissed.
October 26, 2010
Boston Municipal Court
Central Division
Docket No. 0301-CR-5759
Client, a 25 year-old successful financial executive, was charged in 2003 with Assault and Battery on a Police Officer, Resisting Arrest, Disorderly Conduct and Threats to Commit a Crime. Six years ago, Attorney Yannetti represented Client at his jury trial, during which Attorney Yannetti exposed the arresting officer as a liar and a bully. The jury returned verdicts of "Not Guilty" on all charges in April, 2004. Recently, Client decided that having these charges on his CORI (Massachusetts criminal record) has led employers to question him about the case -- despite the Not Guilty verdicts. Client therefore hired Attorney Yannetti to petition the court to seal his criminal record. 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 25, 2010
Gloucester District Court
Docket No. 1039-CR-0470
Client, a 49 year-old medical doctor, was arrested for Domestic Assault and Battery. Client's wife called 911 because Client had allegedly pushed her during an argument over whether or not he had been secretly communicating with an alleged girlfriend. Client hired Attorney Yannetti to preserve his criminal record. Today, at the second pre-trial hearing, Attorney Yannetti persuades the judge dismiss the case. Result: Case Dismissed.
October 20, 2010
Norfolk Superior Court
Docket No. 2009-0058
Client, a 29 year-old taxicab driver, was arrested for Rape of a Child with Force, and two counts of Indecent Assault and Battery on a Child under the age of 14. Client's wife's niece alleged that he had molested her at Client's home in Randolph. Client -- who had no prior record -- adamantly denied the allegations and hired Attorney Yannetti to investigate. Over the course of two years, Attorney Yannetti successfully fought the Department of Children and Family Services over access to substantial records containing demonstrably false statements made by the alleged victim. As a result, Attorney Yannetti uncovered evidence of the alleged victim's mental health problems, as well as her motive to fabricate allegations against Client. With trial less than one month away, Attorney Yannetti was well prepared to fight these indictments and presented his findings to the prosecutor. Today, the prosecutor files a nolle prosequi of all three indictments -- effectively dismissing the case without the need for a trial. Result: All Three Indictments Dismissed.
October 15, 2010
Newburyport District Court
Docket No. 1022-CR-0110
Client, a 31 year-old theatrical lighting specialist, was charged with Possession of a Class B controlled substance. The police pulled Client over when he was driving with a cracked windshield and an expired inspection sticker. During an inventory search conducted as a result of the motor vehicle being towed, the police allegedly found a container with a white powdery substance believed to be cocaine. Client hired Attorney Yannetti to represent him. Today, after seven months of investigation and negotiation, Attorney Yannetti persuades the prosecutor and the judge to dismiss the case. Client only has to pay a $50 fine for having an expired inspection, which is a civil motor vehicle infraction. Result: Case Dismissed.
October 13, 2010
Taunton District Court
Docket No. 0931-CR-1599
This was a tragic case. Client, a 29 year-old laborer, was charged with Motor Vehicle Homicide by Reckless Operation. Three eyewitnesses reported to the police that Client was driving very fast (in excess of 90 mph) and erratically (abrupt lane changes, criss-crossing in between cars) on the highway. At one point, Client's car slammed into the back of a Jeep Cherokee, causing horrific results. The Jeep was vaulted into the air, crashed down and rolled off the highway, landing in some trees 20 feet off the highway. One passenger suffered a broken leg. The driver suffered fractured ribs. The driver's 14 year-old son tragically died as a result of the accident. Client was remorseful and wanted to accept responsibility for the accident, but the D.A.'s Office insisted on a prison sentence that was slightly less than the maximum penalty allowed by law. This forced Attorney Yannetti to take the case to trial. Attorney Yannetti employed a private investigator who uncovered an eyewitness whom the police and the prosecutor had ignored. Attorney Yannetti also prepared a devastating cross-examination of the prosecutor's accident reconstructionist. Today, after a painful, two-day trial, the jury returned a verdict of Not Guilty. Result: Not Guilty Verdict after Jury Trial.
October 5, 2010
Norfolk Superior Court
Docket No. 2010-0031
Client, a 30 year-old car salesman, was arrested for Trafficking in a Class A Controlled Substance (oxycodone), Possession of a Class B Controlled Substance (cocaine), Possession of a Class E Controlled Substance (steroids) and Possession of Ammunition without an F.I.D. card. The D.E.A., the Old Colony Police Anti-Crime Task Force and the Quincy Police Drug Control Unit teamed up to execute a search warrant at Client's apartment. A named informant had provided information to law enforcement authorities that Client was distributing drugs. When the police searched Client's apartment, they found over 400 pills of oxycodone (percocets), 1.19 grams of cocaine, steroids in both liquid and tablet form, a box of .40 caliber ammunition and over $25,000.00 in U.S. currency. Client faced a minimum, mandatory sentence of 7 years in state prison, unless the prosecutor could be persuaded to reduce the charges. Client hired Attorney Yannetti at an early juncture. After Attorney Yannetti filed a motion to suppress all evidence that was seized -- arguing that the magistrate who issued the search warrant lacked jurisdiction to do so -- the prosecutor offered to substantially reduce the charges and the potential sentence Client faced. Today, one week before trial was to begin, the prosecutor agrees to dismiss the indictments for cocaine and steroids possession. The prosecutor also agrees to reduce the Trafficking indictment down to Possession of a Class A substance with Intent to Distribute -- meaning that there is no minimum mandatory sentence to be imposed. Instead of having to serve a mandatory 7 year sentence, Client receives a 3 - 4 years sentence during which Client will be eligible to earn "good time" in order to achieve an early release on parole. In addition, as a non-violent drug offender, Client may also be eligible for an even earlier release into a halfway house before his sentence is completed. Client also receives a concurrent one-year house-of-correction sentence for the ammunition indictment, so he receives no additional time to be served for that indictment. Result: Two Drug Charges Dismissed, the Trafficking Charge Reduced to Possession with Intent to Distribute and Client Could Potentially Serve Between Two and Three Years in State Prison after Facing a Mandatory Seven Year Sentence.
September 30, 2010
Boston Municipal Court
Dorchester Division
Docket No. 1007-CR-0969
Client, a 33 year-old immigrant with a green card, was arrested for Domestic Assault and Battery and Malicious Destruction of Property. Represented by another attorney, Client appeared on his first trial date to discover that the prosecutor intended to take the case to trial, even though the alleged victim -- client's girlfriend -- refused to appear in court to testify. Client's former attorney had neglected to realize that Client had confessed to ripping his girlfriend's clothing and boots in anger -- and the police saw the damaged items. Client's former attorney told client that he either had to go to trial unprepared or accept a continuance-without-a-finding disposition, with an order that Client attend a certified batterer's program. Client could not admit to any offense without damaging his prospects for citizenship. Client therefore requested another trial date and hired Attorney Yannetti to represent him. Attorney Yannetti filed a motion to suppress Client's statement to the police. Attorney Yannetti also moved to dismiss the Domestic Assault and Battery charge outright. Today, Attorney Yannetti persuades the judge to dismiss the entire case, over the objection of the prosecutor and the police department. Result: Case Dismissed.
September 23, 2010
Norfolk Superior Court
Docket No. 09-386
Client, a 60 year-old immigrant, was indicted for Rape of a Child and Indecent Assault and Battery. The prosecution alleged that Client had penetrated his nephew's bottom with his finger and also indecently touched his nephew's penis at a family gathering. Client originally retained another attorney but when the case was scheduled for trial, that attorney took a leave of absence from the practice of law and referred Client to Attorney Yannetti. After several months of investigation and preparation of the case, Attorney Yannetti scheduled the case for trial once again. Attorney Yannetti advised Client to reject any offer of a plea bargain and presented a witness list to the prosecution which featured family members willing to testify on Client's behalf. Today, when the case was scheduled for a final pre-trial conference -- four days before the trial date -- the prosecutor files a nolle prosequi on the case. Result: Case Dismissed.
September 22, 2010
Boston Municipal Court
Central Division
Docket No. 0901-CR-2635
Client, a 24 year-old Ivy League college graduate working as a consultant, was charged with Larceny over $250.00, as a result of allegations that Client had stolen over $2,000 worth of clothing from an upscale department store. In April 2009, Client hired Attorney Yannetti, who succeeded in persuading the judge to dismiss the case in December 2009. Client then rehired Attorney Yannetti to petition the court to seal her criminal record. 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 she has never been arrested, charged or convicted of any crime. Result: Case Permanently Sealed.
September 20, 2010
Waltham District Court
Docket No. 1051-CR-1330
Client, a 17 year-old high school student, was arrested for Domestic Assault and Battery. Client's parents called 911 because Client had allegedly punched his father in the face during an argument. When the police arrived, Client confessed. Client's parents hired Attorney Yannetti. Attorney Yannetti persuades the judge to postpone Client's arraignment on the complaint -- thereby preventing this case from appearing on Client's criminal record. Instead, Attorney Yannetti works in conjunction with Client's parents and an education counselor to develop a treatment plan for Client. Client entered and completed a therapeutic wilderness program out-of-state. Plans were then made for Client to attend a special boarding school to finish his senior year of high school. Today, when Client is once again scheduled to be arraigned on the complaint, Attorney Yannetti persuades the prosecutor not to prosecute the case at all. As a result, a "nolle prosequi" is filed before arraignment -- effectively dismissing the case. Result: Case Dismissed Before Arraignment.
September 10, 2010
Boston Municipal Court
West Roxbury Division
Clerk's Hearing
Client, a state employee, faced a potential charge of Leaving the Scene of an Accident after Causing Property Damage. Client allegedly struck an unoccupied vehicle in a parking lot, in front of an eyewitness, who only managed to get her license plate. Since the car was registered to her husband, he was the one originally summonsed to court. At the original clerk's hearing, however, both Client and her husband were unrepresented. When Client admitted having driven her car in the parking lot that day, the Clerk Magistrate dismissed the complaint against her husband and scheduled a clerk's hearing for Client instead. Client hired Attorney Yannetti. At the clerk's hearing today, Attorney Yannetti persuades both the Clerk Magistrate and the police department that no complaint should issue against Client. Instead, Client needs to produce proof that his insurance company paid the claim, or Client needs to make the damaged vehicle's owner whole. Client never appears before a judge, so her criminal record remains clean. Result: Application for Complaint Dismissed.
September 8, 2010
Malden District Court
Docket No. 0950-CR-3217
Client, a 55 year-old surgeon, was charged with Domestic Assault and Battery and Assault and Battery by Means of a Dangerous Weapon. Client's wife had called 911 one night after sustaining an injury to the back of her head. When the police arrived at the home, Client allegedly admitted that he had pushed his wife during an argument and that she had struck her head against the corner of a wooden cabinet in the kitchen. Client's wife's head wound was bleeding profusely and the police took photographs. Client initially hired another attorney, who assured Client that the case would be dismissed. On the trial date, however, the prosecutor refused to dismiss the case and insisted on taking the case to trial based upon Client's wife's injuries and Client's confession. Client's original attorney told Client that they needed to go to trial that day, but they were completely unprepared, as the attorney had not interviewed Client or his wife and had not properly prepared either of them to testify. Client elected to ask for a continuance and hire Attorney Yannetti instead. Attorney Yannetti prepared the case for trial. Client and his wife met with Attorney Yannetti at his office several times. Attorney Yannetti prepared extensive motions in limine. Today, on the next trial date, the prosecutor changes his mind about going forward after Attorney Yannetti answers "ready for trial." The prosecutor -- this time -- files a nolle prosequi, which effectively dismisses the case. Result: Case Dismissed.
September 3, 2010
Leominster District Court
Docket No. 1061-CR-1095
Client, a 42 year-old consultant, discovered that a woman whom he had met online reported to the police that he had raped her. Client hired Attorney Yannetti, who conducted an independent investigation. The police went forward with the complaint and Client was summonsed to court for his arraignment on a complaint alleging Rape. Attorney Yannetti contacted the district attorney's office in advance of the arraignment date. The prosecutor agreed to forward a copy of the police report to Attorney Yannetti, who then pointed out the weaknesses in the Commonwealth's case -- as well as the exculpatory evidence Attorney Yannetti had uncovered. Today, at Client's scheduled arraignment date, Attorney Yannetti persuades the prosecutor to dismiss the complaint prior to arraignment, so no prosecution will occur. This charge, therefore, will never appear on Client's criminal record. Result: Rape Charge Dismissed Before Arraignment.
September 2, 2010
Essex Superior Court
Docket No. 96-2976
Client, an immigrant and non-citizen, was indicted for Trafficking in Cocaine over 200 Grams in 1996. Represented by another lawyer, Client lost his motion to suppress evidence and faced a minimum, mandatory 15-year state prison sentence. As a scared 19 year-old, Client defaulted on his 1997 trial date and a warrant for his arrest remained outstanding for 12 years. In 2009, Client turned 31 years old and hired Attorney Yannetti to investigate this case and arrange for his surrender before the Court. Attorney Yannetti analyzed the clerk's file at the courthouse, then contacted the district attorney's office. Remarkably, the same prosecutor who was assigned to the case in 1997 was still with the DA's Office. That prosecutor investigated the state of his evidence and determined that the Commonwealth could still prove the Trafficking case. Over the course of several months, Attorney Yannetti negotiated with the prosecutor and eventually arranged for Client to remove his default in court in October 2009. The warrant for his arrest was recalled and Client was released on bail and allowed to go back home to Virginia until the resolution of this case. Over the course of the next year, Attorney Yannetti uncovered substantial evidence that pointed to Client's father as the true culprit. As the trial date approached, Attorney Yannetti shared that evidence with the district attorney's office. Eventually, the prosecutor agreed to reduce the charge from Trafficking in Cocaine over 200 grams down to simple Possession of Cocaine, a misdemeanor. Instead of a 15-year minimum-mandatory state-prison sentence, the prosecutor agreed to recommend a sentence of 364 days in the House of Correction. Given that Client had been held in custody for about four months in 1996 -- and given that Client will be eligible for parole after serving half of his sentence, Client may make parole in as few as three months. In addition, Attorney Yannetti worked in conjunction with Client's immigration attorney to find an acceptable disposition that might allow Client to escape deportation and remain in this country with the rest of his family. Result: 15-year felony charge reduced to simple misdemeanor, Immigration consequences of conviction reduced, Client potentially eligible for parole in three months.
September 1, 2010
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a 23 year-old graduate student at an Ivy League university, faced a potential complaint for Assault and Disorderly Conduct. After having had some drinks at a Boston bar with some friends, Client tried to take the last subway train home. After Client paid his fare, however, an MBTA employee told him that he had missed the train. When Client asked for a refund of the fare, the MBTA employee refused. Client then allegedly spit at the MBTA employee and was rude to the responding police officer as well. Client hired Attorney Yannetti to represent him at the clerk's hearing. Today, Attorney Yannetti persuades the assistant clerk magistrate that no complaint should issue against Client. Client never appears before a judge and this case will never appear on his criminal record. Result: Application for Complaint Dismissed.
August 27, 2010
Clinton District Court
Clerk's Hearing
Client, a fellow attorney, faced a potential charge of Leaving the Scene of an Accident after Causing Property Damage. Client allegedly backed up into an unoccupied vehicle in a parking lot in front of witnesses, then left the lot to go home without stopping or leaving a note on the damaged vehicle. When the police confronted him at his home, Client admitted to having bumped the vehicle but explained that he did not believe any damage had occurred. Client hired Attorney Yannetti. At the hearing today, Attorney Yannetti persuades both the clerk magistrate and the police department that no complaint should issue against Client. Instead, Client needs to produce proof that his insurance company paid the claim, or Client needs to make the damaged vehicle's owner whole. Client never appears before a judge, so his criminal record remains clean. Result: Application for Complaint Dismissed.
August 11, 2010
Brookline District Court
Docket No. 0909-CR-0894
Client, a 27 year-old retail-store employee, was charged with Assault and Battery with a Dangerous Weapon, a felony. Another young man -- who was a medical school student in the middle of his residency -- reported to the police that Client had sucker-punched him and then kicked him multiple times after he fell to the ground. Client hired Attorney Yannetti, who spoke several times with the medical-school student while investigating this case. Today, on the trial date, Attorney Yannetti persuades the prosecutor and the judge to dismiss this case. Result: Case Dismissed.
August 9, 2010
Boston Municipal Court
Central Division
Docket No. 0901-CR-5298
Client, a 37 year-old laborer, was charged with Possession of Oxycodone with the Intent to Distribute within a School Zone and Possession of Ammunition. After receiving a tip from a confidential informant, the police allegedly found Client to be in possession of 98 pills, a 38-special pistol cartridge and a "cuff sheet" containing names, numbers, dollar amounts and expenses. On the "school zone" charge, Client faced a minimum, mandatory sentence of 2 years in the house of correction. Client hired Attorney Yannetti. Over the course of 15 months, Attorney Yannetti investigated and researched this matter, eventually filing a motion to suppress all of the evidence the police seized. Today, when his motion to suppress was scheduled for a hearing, Attorney Yannetti persuades the prosecutor to dismiss the school zone charge and not go forward on the possession of ammunition charge. On the "possession with intent" charge, Attorney Yannetti successfully argues that the charge should be "continued without a finding." Client needs only to enter and complete a drug treatment program and remain arrest-free for 18 months and this charge will be dismissed as well. Result: School-Zone Charge Dismissed, Ammunition Charge Filed, and Client Avoids a Conviction on the Drug-Distribution Charge.
August 9, 2010
Boston Municipal Court
Central Division
Docket No. 0901-CR-8604
Client, a 47 year-old local business owner, was arrested for Domestic Assault and Battery after his ex-girlfriend reported to the police that Client had shoved her to the ground and injured her knee. The police officers noticed that she indeed had a bruise to her knee. Client hired Attorney Yannetti, who investigated, scheduled the case for trial, and drafted an extensive and well-researched motion in limine. Today, on the trial date, Attorney Yannetti persuades the prosecutor and the judge to dismiss this case. Result: Case Dismissed.
August 4, 2010
Boston Municipal Court
Roxbury Division
Docket No. 1002-CR-0457
Client, a 20 year-old university student studying to become a veterinarian, was charged with larceny over $250, a felony. Client allegedly found a fellow student's laptop in the bathroom at school, took it back to her dorm room, used it and did not return it. When confronted by the police, Client admitted her wrongdoing. Client hired Attorney Yannetti to preserve her clean criminal record. Today, on the third court date, Attorney Yannetti persuades both the prosecutor and the judge to dismiss the case. Result: Case Dismissed.
July 21, 2010
Cambridge District Court
Docket No. 1052-CR-1054
Client, a 37 year-old university professor, was arrested at his home one night for Domestic Assault and Battery and also Assault by Means of a Dangerous Weapon (to wit: a knife), a felony. His wife called 911 after Client had allegedly punched her then picked up his infant son in one hand and a knife in the other. Client hired Attorney Yannetti to investigate this matter. Today, on a pre-trial conference date, Attorney Yannetti persuades the prosecutor and the judge to dismiss the felony charge. On the Domestic A & B charge, Attorney Yannetti persuades the prosecutor and the judge to place Client on pre-trial probation. Client needs only to have a mental-health evaluation and the case will be dismissed in four months with no repercussions for client's record, employment, career or future. Result: Case Dismissed.
July 15, 2010
Brockton District Court
Clerk's Hearing
Client, a college student home for summer break, faced a charge of Misuse and/or Possession of a False ID card -- a felony. Client allegedly had in her possession a fake driver's license she had obtained over the internet. When she tried to gain admission to a bar, the doorman called over the police officer on detail, who barred Client from entering the establishment and summonsed her for a clerk's hearing. Client hired Attorney Yannetti. At the hearing today, Attorney Yannetti persuades both the clerk magistrate and the police department that no complaint should issue against Client. Instead, Client need only pay $200 in court costs and the application for complaint will be dismissed. Client never appears before a judge, so her criminal record remains clean. No future employer or graduate school will ever be able to find out about this incident. Result: Application for Complaint Dismissed.
June 30, 2010
Cambridge District Court
Docket No. 0752-CR-1877
Client, a 35 year-old university professor, hired Attorney Yannetti to petition the court to seal this case, wherein Client had been charged with domestic assault and battery. Today, Attorney Yannetti succeeds in having all records of this case permanently sealed. As a result, Client can now truthfully answer (under Massachusetts law) on any job or official application that he has never been arrested, charged or convicted of any crime. Result: Case Permanently Sealed.
June 24, 2010
Boston Municipal Court
Central Division
Docket Nos. 0901-CR-9104 and 0901-CR-9105
Client, a 19 year-old college student, was arrested for Assault and Possession of Class D Controlled Substance with Intent to Distribute. The allegations arose when his roommate called the police to report that Client had threatened to kill her. When the police arrived, they noticed several plastic bags containing marijuana in Client's bedroom. The police executed a search warrant and found numerous other instrumentalities used in the cultivation and distribution of marijuana, including boxes of liquid fertilizer. Client hired Attorney Yannetti, who investigated this case and prepared it for trial. Today, on the trial date, the prosecutor agrees to reduce the drug charge to simple possession marijuana -- for which Client receives a continued-without-a-finding disposition. On the assault charge, Attorney Yannetti persuades the prosecutor and judge to place Client on pre-trial probation. This charge will therefore be dismissed while Client is still presumed to be innocent. Result: Assault Charge Dismissed, Drug Distribution Charge Dismissed, Client Receives CWOF for Simple Marijuana Possession, and the Entire Case is Sealable.
June 22, 2010
Newton District Court
Docket No. 0912-CR-0842
Client, a 25 year-old real estate broker, was charged with Assault and Battery and Larceny over $250, a felony. Client allegedly attempted to steal expensive items from an upscale department store. When she was leaving the store security officers confronted her and she allegedly fought them -- and the fight was caught on video tape. Client hires Attorney Yannetti to try to preserve her clean criminal record. After several months of investigation and negotiation, Attorney Yannetti today persuades the prosecutor and the judge to place Client on pre-trial probation. This case will therefore be dismissed with no repercussions for Client's record, as long Client performs 16 hours of community service. Result: Case Dismissed.
June 22, 2010
Newton District Court
Clerk's Hearing
Client, a 23 year-old college student home for summer break, faced a charge of Providing Alcohol to Minors. Client allegedly bought a keg of beer and allowed several 19 year-old young women to drink at his house. Client hired Attorney Yannetti to represent him at the clerk's hearing. Today, Attorney Yannetti persuades both the clerk magistrate and the investigating police officer that no complaint should issue against Client. Instead, Client need only complete 32 hours of community service and the application for complaint will be dismissed. Client never appears before a judge and his criminal record remains clean. No future employer or graduate school will ever be able to find out about this incident. Result: Application for Complaint Dismissed.
June 16, 2010
United States District Court
Massachusetts
Docket No. 08-10346-MLW
In one of the biggest victories of his career -- and after a 3-week trial -- Attorney Yannetti today succeeds in achieving Not Guilty Verdicts for his Client in a Conspiracy-to-Kidnap and Conspiracy-to-Murder case. Client, a 72 year-old Italian-born Canadian citizen, would likely have served the rest of his life in a federal penitentiary if he had been convicted. The United States Attorney's Office had alleged that Client and a co-defendant twice met at client's place of business in Montreal, for the purpose of hiring a hit man to kidnap, extort and kill a man who allegedly owed a large sum of money to the co-defendant. As a result, the co-defendant spoke several times with the "hit man," who was actually an undercover Boston detective wearing a hidden recording device. On tape, the co-defendant discussed having the man thrown overboard to the sharks after forcing him to pay millions of dollars. The co-defendant stressed to the undercover officer that Client was a powerful man, "someone who could order something and have it happen overnight." He told the undercover officer that Client was connected to a large organized-crime family in Canada. As a result, the undercover officer spoke with Client several times and recorded those conversations as well. When the kidnap/murder plan was explained to him, Client repeatedly assured the undercover officer, "I know everything." The undercover officer told Client that they were planning on "grabbing" the guy in a few days and Client replied, "Very good, very good." Client also traveled from Canada to Vermont to be present when the "hit man" received $10,000 in cash to serve as his "expense money." Client's family hired Attorney Yannetti at an early juncture. Attorney Yannetti argued to the jury that Client did not have a good command of the English language and did not understand the true nature of his co-defendant's plot. Today, Attorney Yannetti (along with his co-counsel, Attorney Robert Sheketoff) succeeds in convincing the jury to reject the Government's evidence. After a hard-fought trial (where his co-defendant was convicted of both counts), Client is released from custody walks from court a free man. Result: Not Guilty Verdicts after a Jury Trial. Client is Acquitted of Both Indictments.
June 2, 2010
Waltham District Court
Docket No. 0951-CR-1452
Client was charged with Trafficking in a Class A Controlled Substance -- oxycontin and oxycodone -- after she received a Federal Express package at her home containing hundreds of pills. Client hired Attorney Yannetti, who investigates and provides exculpatory evidence to the prosecutor. As a result, nearly one year later, the district attorney's office decided not to indict Client for this serious offense. Today, Attorney Yannetti persuades the prosecutor to file a nolle prosequi on this case in district court. The case is therefore dismissed outright. Result: Case Dismissed.
May 18, 2010
Concord District Court
Docket No. 1047-CR-0267
Client, a 42 year-old executive, was arrested at his home one night for Domestic Assault and Battery. His wife told the police that after Client had demanded to check her cell phone to determine whom she had been "texting," he lunged toward her and hit her arm while she was feeding their infant child. His wife also alleged that Client had grabbed her by the throat in the recent past and that he was "out of control." As a result of Client's arrest, a restraining order issued and divorce proceedings began. Attorney Yannetti investigated this matter and negotiated with both the prosecutor and Client's wife's divorce attorney. Today, Attorney Yannetti persuades the prosecutor and the judge to dismiss this case on a pre-trial date -- something the district attorney's office does not often do. Result: Case Dismissed.
May 11, 2010
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a 21 year-old college student, faced a potential complaint for Assault and Battery. Client was at a party at a friend's apartment when three other students tried to crash the party. Client ordered them to leave and allegedly got into an altercation with two of them. Client filed a complaint against one of those students, who in turn filed a cross-complaint against Client. Client hired Attorney Yannetti to represent him at the clerk's hearing. Today, Attorney Yannetti persuades the assistant clerk magistrate that no complaint should issue against Client. Further, Attorney Yannetti persuaded the clerk that Client was the true victim -- so a criminal complaint issues against the other student. Client never appears before a judge and this case will never appear on his criminal record. Result: Application for Complaint Dismissed.
May 10, 2010
Ayer District Court
Docket No. 0948-CR-0977
Client, a 21 year-old forklift operator, faced a complaint for Carrying a Firearm, Possession of Ammunition and Possession of a Class B Controlled Substance with Intent to Distribute. On the "carrying" charge, Client faced a minimum-mandatory sentence of 18 months in the house of correction. The police alleged that Client threatened a man whom Client believed had stolen money from him in a drug deal. Client then allegedly took a gun out of his house and threatened to use it against the man unless he received his money back. The man instead went to the police, who proceeded to execute a search warrant on Client's home. The police found the gun, ammunition, and a quantity of marijuana (as well as some growing marijuana plants). Client admitted to possessing the gun illegally. Client hired Attorney Yannetti to somehow keep himself out of jail. Attorney Yannetti investigated the case and filed a motion to suppress Client's statements to the police. Today, when trial is scheduled to begin, the district attorney's office finally agrees to dismiss the "carrying" charge. Attorney Yannetti then persuades the judge to continue all charges without a finding. As long as Client refrains from being arrested in the meantime, all charges will be dismissed against him in one year. Result: Client Avoids Conviction on All Charges, including the Mandatory 18-Month Committed Sentence He Had Been Facing.
May 7, 2010
Lawrence District Court
Clerk's Hearing
In an alleged incident of "road rage," Client, a 37 year-old physician's assistant, faced a potential complaint for Threatening to Commit a Crime. The police alleged that Client got out of his car in traffic, approached the driver's side window of a middle-aged woman and threatened to kill her while screaming profanities. Client hired Attorney Yannetti to represent him at the clerk's hearing. Today, the police appeared at the clerk's hearing with the alleged victim -- the woman against whom Client had allegedly issued threats. After full testimony was taken at the hearing, Attorney Yannetti persuades the assistant clerk magistrate that no complaint should issue against Client and he will complete anger-management counseling instead. Client never appears before a judge and this case will never appear on his criminal record. His job at a major hospital is therefore saved. Result: Application for Complaint Dismissed.
April 28, 2010
Waltham Juvenile Court
Clerk's Hearing
The police applied for a complaint against Client, a 13 year-old middle-school student, for Breaking and Entering into a building. The building owner alleged that Client and five other boys broke into his building and "tagged" the inside with graffiti. Client's parents hired Attorney Yannetti to represent him at the clerk magistrate's hearing. Today, Attorney Yannetti persuades the assistant clerk magistrate that no complaint should issue against Client. Client never appears before a judge. This case will therefore never appear on his juvenile criminal record. Result: Application for Complaint Dismissed.
April 21, 2010
Boston Municipal Court
Brighton Division
Docket No. 1008-CR-0402
Client, a 35 year-old highly educated consultant, was arrested at his home one night for Domestic Assault and Battery. His wife called 911 to tell the police that after Client had discovered some incriminating e-mails on her computer, Client allegedly choked her and threatened to kill her. Client hired Attorney Yannetti for the purpose of successfully resolving this case as soon as possible. Today, Attorney Yannetti persuades the prosecutor and the judge to dismiss this case on the first pre-trial date -- a very rare occurrence. Result: Case Dismissed.
April 15, 2010
Wareham District Court
Clerk's Hearing
Client, a 26 year-old nurse, allegedly pulled a false fire alarm at a local club, in anger after having been refused service of additional alcohol. A police officer was present at the club and witnessed Client's actions. Client hired Attorney Yannetti to represent her at the clerk magistrate's hearing. Last week, when the hearing was first scheduled, the police announced that they wanted the complaint to issue against Client. Attorney Yannetti asked the assistant clerk magistrate to give Attorney Yannetti a week to speak with the fire department in an attempt to resolve this issue amicably. Attorney Yannetti spoke directly with the fire chief, who explained that as long as Client paid a $500 fine for falsely setting the alarm, he would not seek criminal charges against Client. Client paid the fine upon the advice of Attorney Yannetti. Today, Attorney Yannetti persuades the assistant clerk magistrate that no complaint should issue against Client. Client never appears before a judge and this case will never appear on her criminal record. Result: Application for Complaint Dismissed.
April 14, 2010
Cambridge District Court
Docket No. 0952-CR-2173
Client, a 24 year-old man, was arrested for Operating Under the Influence of Intoxicating Liquor (OUI). Client allegedly crashed his BMW into a parked car at an intersection in Cambridge, then failed field sobriety tests administered by one of the responding officers. The officer testified that Client's eyes were glassy and bloodshot, and that he had an odor of alcohol on his breath. Today, after a jury-waived trial, Client was acquitted of the charge. Result: Not Guilty Verdict after Trial.
April 8, 2010
Boston Municipal Court
Central Division
Docket No. 0301-CR-0133
Client, a 31 year-old financial executive, contacted Attorney Yannetti about this old case, in which Client was charged with Breaking and Entering with the Intent to Commit a Felony, as well as Malicious Destruction of Property. Client had allegedly broken the front door of an apartment building to get inside while intoxicated one evening. Represented by another lawyer, Client received a continued-without-a-finding disposition back in 2003. Although Client paid restitution and performed the required community service, he left the state without permission and began his career in New York. For six years, there has been a warrant for his arrest, to bring him back to Massachusetts to answer for having violated his probation. Client hired Attorney Yannetti to help him avoid serious consequences. Today, after negotiating the terms of Client's surrender with the probation department, Attorney Yannetti persuades the judge to impose no further penalties. Result: Probation Terminated, Case Dismissed.
April 5, 2010
Boston Municipal Court
Central Division
Docket No. 0901-CR-2742
Client, a 24 year-old college educated woman scheduled to take her C.P.A. exam, contacted Attorney Yannetti about this case, which was dismissed in July, 2009. Client was charged with Larceny over $250.00 as a result of allegedly stealing clothing from an upscale department store. Client hired Attorney Yannetti to make sure that this charge does not appear on her criminal record. 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 she has never been arrested, charged or convicted of any crime. Result: Case Permanently Sealed.
March 26, 2010
Cambridge District Court
Docket No. 0952-CR-2885
Client, a 24 year-old account executive, was arrested for Receiving Stolen Property, Malicious Destruction of Property and Attempted Breaking and Entering at Nighttime, a felony. Client was highly intoxicated when he allegedly destroyed an elderly man's fence, broke into his yard and took a bicycle. The police caught him before he was able to get away. Client hired Attorney Yannetti. Today, after several court dates and much negotiation, Attorney Yannetti persuades both the prosecutor and the judge to impose pre-trial probation. Client therefore admits to no wrongdoing and the case will be dismissed with no repercussions for Client's record. Result: Case Dismissed.
March 23, 2010
Boston Municipal Court
Central Division
Docket No. 9301-CR-4483
Back in 2008, Client hired Attorney Yannetti to help him remove an old default warrant for his arrest. Represented by another lawyer, Client pled guilty in 1993. 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 fifteen years. On March 21, 2008, Attorney Yannetti persuaded a B.M.C. judge not to incarcerate Client for fleeing and failing to comply with his probation. Instead, the judge gave Client another chance at completing the first-offender OUI program and placed him on probation for three years. In 2010, Client re-hired Attorney Yannetti to ask the judge to shorten Client's probation by one year, so that Client could apply for citizenship. Today, after producing proof that Client had been a model probationer, Attorney Yannetti persuades the judge to terminate Client's probation one year early. Result: Probation Terminated One Year Early.
March 23, 2010
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a 20 year-old college student, faced the prospect of having a criminal complaint issue against him, for being Minor in Possession of Alcohol. Client allegedly persuaded a waitress to serve him beer at a bar despite the fact that he was under aged. Client hired Attorney Yannetti. Today, at the clerk magistrate's hearing, Attorney Yannetti persuades both the police and the assistant clerk magistrate that no complaint should issue against Client. Client never appears before a judge and this case will never appear on her criminal record. Result: Application for Complaint Dismissed.
March 19, 2010
Boston Municipal Court
Brighton Division
Docket No. 0908-CR-1814
Client, a 19 year-old man, was arrested for trespassing on a local college campus. Client was highly intoxicated and when confronted by campus police, he allegedly told them, "I'm not leaving." Client hired Attorney Yannetti. Today, Attorney Yannetti persuades both the prosecutor and the judge to impose pre-trial probation. Client therefore admits to no wrongdoing and the case will be dismissed with no repercussions for Client's record. Result: Case Dismissed.
March 17, 2010
Dedham District Court
Docket No. 1054-CR-0040
Client, a 30 year-old successful business executive, was arrested for Domestic Assault and Battery. After discovering evidence that his wife had been cheating on him with a man she had just secretly visited in another state, Client loudly argued with his wife. The police were called to Client's home. Client's wife then told the police that Client had grabbed her by the neck, pushed her against the shower door and told her that she was not going to be allowed to leave. Client allegedly admitted to having yelled at his wife and broken a wine glass. Client hired Attorney Yannetti to help him resolve this matter. Today, on the trial date, Attorney Yannetti persuades the judge to dismiss the case. Result: Case Dismissed.
March 12, 2010
Boston Municipal Court
Central Division
Docket Nos. 0901-CR-1342 and -6488
Client, a 26 year-old graduate student, was arrested for Domestic Assault and Battery after his live-in girlfriend told the police that he had grabbed her by both wrists and shoved her into a wall. The police observed scratch marks and redness on his girlfriend's left wrist. They also saw damage to the wall and pieces of broken glass on the floor. As a result of finding a shotgun in Client's closet, the police also charged him with Unlawful Possession of a Firearm. Client hired Attorney Yannetti. After investigating this case, Attorney Yannetti filed a motion to suppress the shotgun from evidence, as well as a motion to suppress the statements that Client had made to the police. On January 21, 2010, after a full hearing, the judge allowed both motions to suppress. As a result, the prosecution was forced to dismiss the firearms charge. Today, when the domestic assault-and-battery charge was scheduled for trial, Attorney Yannetti persuades the judge to dismiss the entire case over the prosecutor's objection. Result: Case Dismissed.
March 11, 2010
Lawrence District Court
Docket No. 0818-CR-4338
Client, a 26 year-old resident alien working for a software company, was arrested one night for Domestic Assault and Battery. His wife called 911 and reported to the police that Client had struck her during an argument. Client's wife also contended that Client had been abusive to her for seven years -- in fact, one time seriously injuring her eye. She provided the prosecutor with photos of her damaged eye. Client initially retained another lawyer who was unable to persuade the prosecutor to dismiss the case. Client eventually hired Attorney Yannetti, who proceeded to conduct a thorough investigation. Along the way, Attorney Yannetti persuaded the judge to order that records be produced by the Department of Children and Family Services -- over the objection of D.C.F.S. lawyers. Those records provided evidence of inconsistent statements made by Client's wife. Today, on the trial date, the prosecutor finally agrees to recommend pre-trial probation. Client therefore admits to no wrongdoing and the case will be dismissed with no repercussions for Client's record. Result: Case Dismissed.
March 10, 2010
Quincy District Court
Clerk's Hearing
Client, a 40 year-old dance teacher was stopped in a department store for allegedly attempting to return a pair of pants that she had not purchased from that store. Client hired Attorney Yannetti to represent her at the clerk magistrate's hearing. Today, despite the desire of the store detective for the complaint to go forward, Attorney Yannetti persuades the assistant clerk magistrate that no complaint should issue against Client. Client never appears before a judge and this case will therefore never appear on her criminal record. Result: Application for Complaint Dismissed.
March 9, 2010
Boston Municipal Court
Roxbury Division
Clerk's Hearing
Client, a 36 year-old immigrant working as a taxicab driver and hoping to become an American citizen, faced an application for a complaint alleging assault and battery and assault and battery by means of a dangerous weapon, a felony. Client allegedly had a dispute with another taxicab driver in the parking lot of a restaurant. The other man told the police that Client poured hot tea on him and punched him repeatedly. Client hired Attorney Yannetti to represent him at the clerk magistrate's hearing. Today, Attorney Yannetti spoke with the investigating police officer and persuaded him that no complaint should issue against Client. Client never appears before a judge and this case will never appear on his criminal record. Result: Application for Complaint Dismissed.
March 2, 2010
Lynn District Court
Docket No. 0913-CR-5381
Client, a member of the armed services, was arrested one night for Domestic Assault and Battery. When the police arrived at his apartment in response to a 911 call, they saw Client's girlfriend lying on the ground with blood coming from a wound on the back of her head. Client admitted to having pushed his girlfriend while she held their 3-month old child in her arms. Client hired Attorney Yannetti, who scheduled the case for trial. Today, Attorney Yannetti persuades the prosecutor to recommend pre-trial probation. Client therefore admits to no wrongdoing and the case will be dismissed with no repercussions for Client's record. Result: Case Dismissed.
March 2, 2010
Lynn District Court
Docket No. 0913-CR-5381
Client, a 45 year-old family man and business professional, was arrested one afternoon at his home. The police had received a 911 call from Client's wife, but when she started to speak, the dispatcher heard Client say "You will not . . . " and the line went dead. The police therefore arrived at Client's home and spoke to his wife, who informed the police that Client had pushed her against a row of cabinets in the home, causing her to bump her head and ear. The police took photos of her ear, which was red and swollen. Client's wife also told the police that Client had grabbed their son by the throat and pushed him up against some coat hooks in the garage. Client admitted to having grabbed his son by the shirt and also to having pushed him up against the wall. Client also admitted to hanging up the phone on his wife when she had tried to call 911 because he didn't think she should have been calling the police. At the station, Client told the police that he was going to call his lawyer, but instead called his wife and -- in front of the booking officer -- said to her, "Come on, can't you roll this back? Do something to get me out of this." As a result, Client was charged with two counts of Domestic Assault and Battery and two counts of Intimidation of a Witness, which is a felony. Client hired Attorney Yannetti, who scheduled the case for trial. Today, the prosecutor agrees to dismiss the domestic assault and battery charges and to recommend pre-trial probation for the intimidation of a witness charges. Client therefore admits to no wrongdoing and -- 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.
February 16, 2010
Malden District Court
Docket No. 0950-CR-2776
Client, a Ph.D. student at a prestigious university, was in the U.S. on a student visa. He was arrested one night for Domestic Assault and Battery after a witness had allegedly seen him standing over his wife in the hallway of their apartment building, yelling at her while she lied on floor with a bloody nose. The eyewitness called 911, and when the police arrived, Client's wife pointed to Client and said, "He hit me! He hit me!" Client told the police that he had an argument with his wife in their car and that he might have accidently shut the car door on her nose in an attempt to keep her in the vehicle. The police inspected the car and saw no blood. They also saw no blood leading from the car to the apartment building. They did, however, see blood on the hallway wall, near the area where Client's wife had been lying on the floor. If convicted, Client faced almost certain deportation and the ruin of his education and career. Client hired Attorney Yannetti, who prepared an extensive motion in limine and accompanying memorandum of law, and scheduled the case for trial. Today, after receiving Attorney Yannetti's motion and memorandum, the prosecutor finally agrees to recommend pre-trial probation for six months. Attorney Yannetti asks the judge to instead impose pre-trial probation for only three months -- and the judge agrees. Client therefore admits to no wrongdoing and -- 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. Client's visa will also be unaffected and he avoids deportation. Result: Case Dismissed.
February 11, 2010
Boston Municipal Court
West Roxbury Division
Docket No. 0806-CR-3806
Client, a 21 year-old man, was on probation for illegal possession of a class D controlled substance and was ordered to attend and complete the "Level III Community Correction Program." He was also required to be regularly tested for all illegal narcotics while on probation. Client allegedly failed several drug tests, failed to show for others, and was subsequently arrested for a similar offense in Quincy -- all while still on probation. Client hired Attorney Yannetti to handle all matters. Attorney Yannetti successfully resolved his new case in Quincy District Court (on December 8, 2010, as detailed below). Then, after several weeks of negotiation and a probation surrender hearing, Attorney Yannetti today persuades both the probation officer and the judge to terminate Client's probation, with no further penalties. Result: Probation Terminated.
January 28, 2010
Lowell District Court
Docket No. 0611-CR-0515
Client, a 26 year-old professional college graduate applying to prestigious business schools, had one blemish on her criminal record. As a result of becoming involved with a disingenuous man several years ago, Client was arrested for Sexual Conduct for a Fee. Mortified, embarrassed, and extremely concerned that this old charge might derail her future, Client initially contacted another attorney to try to expunge the charge from her record. That attorney gave bad advice to Client and failed at the expungement. Client thereafter hired Attorney Yannetti. 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 she has never been arrested, charged or convicted of any crime. Result: Case Permanently Sealed.
January 25, 2010
Dedham Juvenile Court
Docket Nos. FIYO-9Q-0049 through -0052, FID-09D-0020 through -0025, FID-09Q-0035 through -0039
Client, a 16 year-old high school student, was indicted as a Youthful Offender and faced 31 charges, including multiple counts of Carrying a Firearm without a License, Breaking and Entering, Larceny of a Firearm and Larceny of a Motor Vehicle. The prosecution alleged that Client and two friends broke into one home, stole jewelry and the car in the garage. They then allegedly drove to Client's uncle's house, where they stole 9 firearms that had been locked up in the home. Client gave a full confession to breaking into the first home. If convicted as an adult -- which is generally the purpose of the prosecution when they seek "youthful offender" indictments -- client faced a minimum mandatory sentence of 1 1/2 years in the house of correction. After initially retaining another attorney (with whom they were unhappy), Client's parents hired Attorney Yannetti. Both of Client's friends pled guilty to all 31 charges they faced and both were prepared to testify against Client. Today, despite the strength of the prosecution's case against Client, Attorney Yannetti persuades the prosecutor to dismiss 20 of the 31 charges Client faced. In addition, Client admits to 9 of the charges as a juvenile and is placed on probation for those counts. Client only admits to two "Carrying of a Firearm" indictments as a youthful offender -- and is not sentenced as an adult. Instead, he is committed to the Department of Youth Services. He therefore will obtain counseling and treatment rather than being placed in a prison cell. Client may be released after as a few as six months. Result: Twenty of Thirty-One Charges Dismissed, Client sentenced as a Juvenile and Avoids a Minimum Mandatory House-of-Correction Sentence.
January 22, 2010
Boston Municipal Court
Central Division
Docket No. 0101-CR-5292
Client, a 33 year-old college graduate working for the state, had a felony charge of Assault by Means of a Dangerous Weapon on her criminal record for the last eight years. Fearing that potential future employers might hold this information against her, Client hired Attorney Yannetti to petition the court to seal this 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 she has never been arrested, charged or convicted of any crime. Result: Case Permanently Sealed.
January 22, 2010
Boston Municipal Court
Central Division
Docket No. 0901-CR-5711
Client, a 21 year-old college student, was charged with Affray and Disorderly Conduct as a result of allegedly have been part of a group of young men who beat up a homeless man. The prosecutor was eager to convict Client when the case first arrived on his desk in August. Today, after several months of investigation and negotiation, Attorney Yannetti persuades the prosecutor to recommend pre-trial probation. Client therefore admits to no wrongdoing and -- 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.
January 20, 2010
Boston Municipal Court
Brighton Division
Docket No. 0808-CR-0872
Client, a 57 year-old attorney, was charged with Unlawful Possession of Ammunition and Unlawful Possession of a Class D Controlled Substance as a result of a search warrant that had been conducted at his apartment. When Client had moved here from California, he stored his firearm in an appropriate facility but failed to properly store his ammunition. He also allegedly possessed marijuana in his bedroom. Client initially hired another lawyer, who failed to persuade the district attorney's office not to go forward with the charges. Client then hired Attorney Yannetti. Today, after several months of negotiation -- including appeals to highest-level decision-makers in the D.A.'s Office -- Attorney Yannetti persuades the prosecutor to dismiss the marijuana charge and recommend pre-trial probation on the ammunition charge. Client therefore admits to no wrongdoing and -- 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.
January 19, 2010
Dedham District Court
Docket No. 0954-CR-1851
Client, a 17 year-old high school student, was arrested after being pulled over for a motor vehicle violation. Client allegedly had in his car individual baggies containing marijuana, a marijuana grinder, a scale, a box of plastic bags and other drug paraphernelia. As a result, he was charged with Possession of a Class D Controlled Substance with the Intent to Distribute. With no prior criminal record, Client faced the prospect of severely damaging his ability to apply to a good college and/or to have a good career thereafter. Client's parents hired Attorney Yannetti to minimize the damage to Client's future. After several court dates, Attorney Yannetti today persuades both the assistant district attorney and the judge to dismiss all charges. Result: Case Dismissed.
January 15, 2010
Brookline District Court
Clerk's Hearing
Client, allegedly threatened his brother-in-law with a weapon after a verbal argument got out of hand in his home. Client hired Attorney Yannetti to represent him at the clerk magistrate's hearing. Today, Attorney Yannetti worked in conjunction with the attorney for Client's brother-in-law to persuade the police officer and the assistant clerk magistrate that no complaint should issue against Client. Client never appears before a judge and this case will never appear on his criminal record. Result: Application for Complaint Dismissed.
January 5, 2010
Boston Municipal Court
Central Division
Docket No. 1001-CR-0021 and -0022
Clients -- two brothers in their 20's -- were in Boston visiting a friend for the weekend. While out at a bar one night, they allegedly got into a dispute with the doorman and a police officer. Both brothers were arrested for disorderly conduct. Their father hired Attorney Yannetti. Today, when both brothers were scheduled to be arraigned, Attorney Yannetti persuaded the judge and prosecutor to dismiss their cases prior to arraignment. This means that there will be no public record of the case -- and both brothers will maintain clean criminal records. Result: Case Dismissed Before Arraignment.
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