David R. Yannetti on the front page of Massachusetts Lawyers Weekly:
"Ex-ADA helps free a man his old office once prosecuted."
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 file 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.
2009 Recent Cases
2008 Recent Cases
2007 Recent Cases
2006 Recent Cases










