Boston Criminal Trial Attorney
State and Federal Crimes Defense Attorney in Massachusetts
Attorney David R. Yannetti offers proven trial representation to clients charged with, or under investigation for, the following criminal offenses:
In addition to defending clients against criminal charges in courts in Boston and throughout Massachusetts, Attorney Yannetti may also:
- Represent clients who have been charged with a probation violation in probation surrender hearings
- Seek dismissal of misdemeanor criminal charges in clerk's hearings
- Work to have a client's criminal arrest or conviction sealed through a petition to seal his or her criminal record
- Seek post-conviction relief for clients, such as a new trial, reversal of a conviction, or a revised sentence through trial court motions and criminal appeals in Massachusetts and federal appellate courts
- Advocate at college disciplinary hearings for students facing criminal charges
- Provide advice and referrals for criminal defense clients who are also facing child safety investigations by the Department of Child and Families
- Work carefully with criminal defense clients whose immigration status could depend on the outcome of the criminal proceedings
- Clear up old Massachusetts warrants
Free phone consultation: Contact Boston criminal defense trial attorney David Yannetti.
Attorney Yannetti has successfully handled many appeals and other post-conviction matters in Massachusetts, including motions for new trial, motions to revise and revoke sentences, and motions to expunge criminal records. If you have been convicted, as an experienced lawyer Attorney Yannetti may use many different methods to attempt to reverse your conviction. When hiring an attorney to appeal your conviction, you should make sure that the attorney has had extensive appellate experience. Ask if the attorney has argued orally before the Supreme Judicial Court — and ask him or her whether you can view a video of the oral argument in which he or she participated. Feel free to call Attorney Yannetti to discuss your rights and options for appeal.
There are many possible defenses to an armed robbery charge. For example, many armed robbery cases are identification cases. The main evidence comes from an alleged victim or a witness viewing a photo array or a lineup and identifying the accused. In eyewitness-identification cases, there are certain procedural safeguards that have been put in place both by the U.S. Supreme Court and the Supreme Judicial Court of Massachusetts to make sure the identification is not unnecessarily suggestive, and that the defendant receives due process to protect his or her rights. To effectively defend a client against an armed robbery charge, a criminal defense attorney must be well versed in the law of joint venture. An attorney must, in short, be both experienced and up-to-date on recent legal developments. Attorney Yannetti has twenty years of experience preparing the best legal representation obtainable anywhere, right here in Boston.
One of the most common offenses relating to check and credit card fraud is larceny by check, in which a person is accused of knowingly writing a check with insufficient funds to cover the amount. Larceny by check and other types of check and credit card fraud are felony charges, and conviction may result in jail time — depending on the defendant's prior record and other factors. Attorney Yannetti regularly defends clients against charges involving check and credit fraud, such as identity theft and identity fraud.
A Clerk Magistrate's Hearing is a terrific opportunity for a client to end a criminal case before it begins. The stakes in a clerk's hearing are high: Either a complaint will issue against you (and therefore, sully your criminal record), or it will not (and your record will therefore remain clean). Too many clients have waited to retain counsel until after they have attended clerk's hearings without counsel -- and after those hearings have gone badly. If you have been summonsed for a clerk's hearing, you should not make the same mistake. You should hire an experienced and competent attorney who has handled dozens of clerk's hearings. Attorney Yannetti does some of his best work at the clerk's hearing stage of a case.
College Student Criminal Defense
University and college students facing criminal charges must usually respond to school disciplinary proceedings while the criminal case is still proceeding. Although criminal defendants have the constitutional right not to incriminate themselves, college students sometimes find themselves in the awkward position of having to explain themselves to university disciplinary committees before their criminal cases are resolved. Attorney Yannetti is sensitive to the special needs of college students charged with criminal offenses and regularly appears as a student advocate at student disciplinary hearings in the Boston area.
When parents or stepparents are charged with criminal offenses, the Massachusetts Department of Children and Families may initiate a parallel investigation into the safety of their minor children. This is especially common in domestic violence cases. Parents face conflicting priorities: on the one hand, they have the right to remain silent and not incriminate themselves in the criminal proceeding; on the other hand, they will be strongly pressured to give information to the DCF in order to keep custody of their children. Attorney Yannetti provides skillful criminal defense services in these complex cases. He is sensitive to the special issues presented in criminal proceedings against parents and stepparents.
If you have been arrested for domestic violence but have reconciled with the alleged victim, you may still face a criminal prosecution. Unless you are married to the alleged victim, the prosecutor may force him or her to testify against you. In many domestic violence cases, there are parallel divorce proceedings where emotions are highly charged, custody of children is at issue, and restraining orders are being sought. If you have been charged with family violence or spousal abuse during a divorce case, you need an experienced lawyer who has successfully resolved hundreds of these cases. In addition, a conviction for domestic violence is deportable for non-citizens. With so much at stake, you will need an attorney who is an effective cross-examiner and a persuasive oral advocate. Having handled hundreds of these cases, Attorney Yannetti stands ready to protect your rights and fight for your acquittal at trial.
Attorney Yannetti has been successfully handling drunk driving (DUI/OUI/DWI) cases for over twenty years. There are three elements of a DUI or OUI charge that must be proven beyond a reasonable doubt: (1) operation of a motor vehicle; (2) intoxication; and (3) public way. An experienced criminal defense attorney may file a motion to dismiss, or a motion to suppress evidence, to ensure that the DUI case never gets to a trial. If you must take the case to trial in order to evade punishment, however, Attorney Yannetti has successfully tried hundreds of DUI or OUI cases. He provides top-quality representation for all clients.
There are many degrees of seriousness for drug charges. Possession of a small amount of a controlled substance may sometimes be resolved without a term of imprisonment. However, unlawful possession of heroin, cocaine, methamphetamines, or prescription drugs are more serious crimes and are prosecuted more aggressively. Attorney Yannetti has been successfully handling narcotics offense cases for over twenty years and provides top-notch trial representation for clients who have been charged with drug possession in Massachusetts.
A criminal conviction for drug distribution or drug trafficking can result in prison time with mandatory minimum sentences. Mandatory minimum sentences mean that the judge has no discretion in sentencing. In drug trafficking cases, the accused could be facing mandatory minimum sentences of several years. Attorney Yannetti has successfully handled drug distribution cases for over twenty years and has had significant success minimizing negative consequences of these serious criminal charges.
Attorney Yannetti does not require his clients to be innocent of the criminal charges against them. He strongly believes that every individual deserves an effective defense, regardless of the objective facts of the situation. That said, Attorney Yannetti has extensive experience uncovering lies and false allegations of criminal activity. His success in the area of uncovering false allegations had led to countless dismissals of criminal charges. A criminal defendant who is fighting false allegations needs a defense lawyer who will conduct a proper investigation to unearth exculpatory evidence and evidence of the alleged victim's bias or motivation to lie.
If you are under investigation for a felony, it is critical that you receive a lawyer's advice as soon as possible. If consulted at an early juncture, a knowledgeable and experienced felony-defense lawyer may be able to unearth exculpatory witnesses or evidence. A thorough defense investigation may persuade prosecutors to not charge you — or to charge you with a less serious offense. Proper early investigation might also prove to be critical if the case ultimately proceeds to trial.
Immigration Issues & Criminal Defense
Any person who is not a United States citizen must worry about deportation after an arrest or criminal citation. This is because immigration laws state that permanent residents, visa holders and undocumented immigrants may be deported after a criminal conviction. Whether deportation will occur depends on many factors, including the nature of the criminal charges. Attorney Yannetti has been a criminal lawyer in Boston for more than twenty years. In that time, he has defended countless immigrants against criminal charges. He coordinates his defense work with several trustworthy Boston-area immigration attorneys, to ensure that his clients get proper advice.
Attorney Yannetti's main concern for juvenile offenders is their future. Juvenile clients are just starting out in life, with bright futures ahead of them, and the last thing they need is to be convicted or found delinquent of a crime. Attorney Yannetti regularly represents young men and women in juvenile court to make sure that does not happen. Attorney Yannetti also represents so-called "Youthful Offenders" — juveniles who have been indicted for more serious crimes. Whatever the charge, it is imperative to hire an attorney who is experienced in handling juvenile criminal cases.
While a misdemeanor conviction typically subjects a person to less jail time than felony convictions, it can still have a devastating effect on your future. A misdemeanor conviction still gives you a criminal record, which can affect your reputation in the community, since any district court case is a public record and might be printed in your home town newspaper or on the Internet. It also will be available to future employers and/or schools during background checks. Attorney Yannetti has helped hundreds of clients facing misdemeanor charges avoid having a criminal record.
Many vehicular crimes can carry jail or house of correction sentences while also resulting in a suspension of your Massachusetts driver's license. Attorney Yannetti has successfully handled countless motor vehicle matters and has appeared on behalf of clients both in district and municipal courts, as well as at the Registry of Motor Vehicles. On occasion, an attorney may prevent charges from issuing in the first place by successfully representing a client at a "show cause hearing" or "clerk magistrate's hearing." Any individual facing motor vehicle offenses should retain an attorney at the earliest juncture possible to preserve all potential options.
Attorney Yannetti is well versed in how the police put a murder case together. As a former prosecutor, he has been called to murder scenes in the middle of the night and has personally witnessed how the police preserve evidence, how murder investigations unfold, and what techniques the police use. That experience has been invaluable as Attorney Yannetti now represents clients on trial for their lives. Very few attorneys have tried twelve murder cases, as Attorney Yannetti has, and very few have succeeded in the face of overwhelming pressure. Attorney Yannetti is, in short, battle-tested and ready to provide unparalleled representation to those charged with the most serious crime of all.
An old Massachusetts warrant can prevent you from renewing your driver's license or getting a driver's license in another state. If you are arrested in another state and the police database reveals an old Massachusetts arrest warrant, then the police may hold you in custody as a fugitive from justice until Massachusetts decides whether to dismiss the warrant or extradite you. If old Massachusetts warrants are preventing you from renewing your driver's license, or if you are being held as a fugitive from justice, Attorney Yannetti can negotiate on your behalf with the Massachusetts' district attorney's office and the court to have the warrant dismissed.
If you have been convicted of a misdemeanor or felony, it may be possible to seal your criminal records. Depending on the circumstances of your case, Attorney Yannetti can advise you regarding the feasibility and desirability of having your criminal record sealed. In Massachusetts, these motions are called "petitions to seal." There is a very precise procedure that must be followed, or else permanent mistakes could be made that may haunt you in the future. Having successfully handled many petitions to seal over the last ten years, Attorney Yannetti stands ready to make sure no such mistakes are made in your case.
Individuals who have violated the terms of probation are often faced with a potential prison sentence, despite having avoided one at the time of their original sentencing. It is crucial to retain an experienced lawyer to obtain the best result possible. Attorney Yannetti has successfully represented his clients in court during both initial and final probation surrender hearings. Attorney Yannetti has been very effective in helping clients find an alternative to returning to jail by working with the court to explore other, less-severe sentencing options.
Attorney Yannetti represents people who have had a restraining order taken out against them. Attorney Yannetti can also defend clients against alleged violations of a restraining order, with astute legal strategies.
Merely being accused of a sex crime is devastating. In addition to a potentially long prison sentence, you face the prospect of lifetime registration with the Massachusetts Sex Offender Registry. Your picture could be placed on a police sex offender website, so everyone in your neighborhood would know that you are a sex offender. A sex-crime conviction is the modern-day equivalent of the Scarlet Letter A. Attorney Yannetti has successfully handled charges of rape, assault with intent to rape, indecent assault and battery and other sex crimes. Attorney Yannetti has helped many clients to avoid the horrific consequences of a sex-crime conviction.
Shoplifting may sound like a prank — but it is, in fact, a very big deal. Shoplifting, also known as retail theft, is an arrestable offense. Department stores and retailers treat these cases very seriously and encourage prosecution to the full extent of the law, in order to discourage future shoplifting. It is wise to get help from an experienced criminal defense lawyer after an arrest or citation for shoplifting. Attorney Yannetti is a top-notch trial lawyer and negotiator with over twenty years' criminal law experience.
There are many different types of theft crimes, e.g., larceny, armed robbery, conversion, embezzlement, receiving stolen property and shoplifting. Any theft conviction can have a negative impact on your future, especially if handled incorrectly by an inexperienced lawyer. Attorney Yannetti has handled hundreds of theft cases and has successfully helped many clients avoid a criminal record.
Conviction for a violent crime can involve a prison sentence, fines, and a permanent criminal record. Attorney Yannetti possesses the investigative resources needed to challenge the integrity of the evidence collected and the thoroughness of an investigation. Attorney Yannetti will prepare the most solid defense possible for every client.
Massachusetts is a state with stringent gun and weapons laws. For example, the charge of unlawful possession of a firearm in Massachusetts carries a mandatory minimum eighteen-month prison sentence, with harsher penalties for repeat offenders. If the firearm in question was loaded at the time that the police seized it, an additional charge will likely follow, carrying additional, mandatory time in the house of correction or state prison. An experienced criminal defense attorney will know how to attack the Commonwealth's case at trial and will prepare the most vigorous defense. Attorney Yannetti has been handling firearms and related cases for over twenty years and puts his clients in the best position to succeed.
White Collar and Federal Crimes Defense
White collar crimes are often known as "paper" cases, because state and federal prosecutors often use overwhelming documentation to back up their charges. A criminal defense attorney must file crucial discovery motions to put his client in the best possible position to defeat white collar charges, such as fraud or embezzlement. In federal cases, recent case law has changed the sentencing guidelines from mandatory to advisory. An experienced defense attorney working on your behalf now has more power to successfully resolve a case through an effective sentencing argument made directly to a judge.
Free Phone Consultation: Contact Boston criminal trial lawyer David Yannetti.
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