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Drug Distribution Charges

Boston Drug Distribution Charge Defense Lawyer

Massachusetts Felony Drug Offense Attorney

A conviction for selling drugs can result in prison time with mandatory minimum sentences, meaning that a judge has no discretion to impose a lighter sentence or provide probation. Penalties are heightened if you are charged with distribution or possession with the intent to distribute within a school zone.

Distribution of larger quantities of narcotics can lead to an indictment for trafficking. For example, if you have 14 grams of cocaine in your possession, you will be charged with drug trafficking and face a mandatory minimum sentence of three years, even if you only distributed half a gram or less of the amount you possessed. If you have 28 grams of cocaine in your possession, you face a mandatory minimum sentence of five years. The greater the quantity, the longer the sentence. Prosecutors may also have the option of charging drug offenses in federal court, which could mean longer sentences if you are convicted.

If you are convicted or if you plead guilty to possession with intent to distribute or to distribution within 1,000 feet of a school or park, a mandatory minimum sentence of two years will be added to the sentence. You do not have to be caught dealing to school children to receive the additional two years. If you are charged with intent to distribute within 1,000 feet of a school or park, you need an attorney who is persuasive enough to convince the prosecutor to drop that portion of the case, or who can persuade a judge or jury that the charge simply does not apply.

In drug cases, an attorney should investigate both pretrial defenses and trial defenses. Pretrial defenses include motions to dismiss and/or motions to suppress evidence. If the police seized evidence — e.g., drugs, money, records, computers, etc. — without a search warrant, then the prosecutor has the burden of proving that the warrantless search was valid. Even if the police obtained a search warrant, there may be deficiencies in the affidavit they filed in order to obtain it. There also may be missteps in the manner in which the police executed the warrant.

Boston drug distribution defense attorney David Yannetti has successfully defended against narcotics charges at every possible stage of a case. He has successfully persuaded law enforcement authorities not to bring narcotics charges in the first place. He has successfully filed and argued motions to suppress and dismiss. He has repeatedly won narcotics cases at trial.

Attorney Yannetti has also obtained new trials for clients who had been previously represented by another attorney and convicted. If you have been charged with drug distribution — or if you feel you may be investigated for these offenses — you need to retain an experienced and well-qualified attorney at the earliest possible juncture. Contact Attorney David R. Yannetti to discuss your options.

Free Phone Consultation: Contact Boston drug distribution defense lawyer David Yannetti.

Recent Drug Distribution Cases:


January 12, 2012
Suffolk Superior Court
Docket No. 2011
Client, a 28 year-old real-estate professional, was arrested and charged with Conspiracy to Distribute Methamphetamine, a Class B Controlled Substance.  I.C.E. and the Boston Police conducted a joint investigation and alleged that Client had received a FedEx package containing approximately 300 grams of "meth" at his home address.  During the discovery phase of the case, the prosecutor produced a video that allegedly depicted Client at a FedEx facility in California, shipping the package to himself.  Client faced a potential 20-year sentence in state prison.  Over the course of several months, Attorney Greg L. Johnson investigated this case and negotiated with the prosecutor.  Today, Attorney Johnson finally persuades the prosecutor to agree to a sentence of four years of probation.  Result: Client Avoids Serving Any Time in State Prison and Receives Straight Probation.

December 13, 2011

Woburn District Court
Docket No. 1053-CR-1000
Client, a 23 year-old laborer, was charged with Cultivation of Marijuana, Possession of Marijuana with Intent to Distribute, Possession of a Class B Controlled Substance (Suboxone), Possession with Intent to Distribute within a School Zone, Conspiracy to Violate the Controlled Substance Act and two counts of Improper Storage of a Firearm.  After obtaining a search warrant for Client's home, the police allegedly found several marijuana plants, a marijuana grow tank, over 170 grams of marjuana, a digital scale, crib sheets and semi-automatic rifles which were not properly locked away.  If convicted on the School Zone charge alone, Client faced a minimum mandatory sentence of two years in the house of correction.  Client hired Attorney Yannetti to investigate the case and to represent him.  Over the course of a year and a half, Attorney Yannetti first persuaded the prosecutor to dismiss the school-zone and conspiracy charges -- greatly reducing the stakes for Client.  Attorney Yannetti then scheduled the remaining charges for trial.  Today, on the trial date, Attorney Yannetti persuades the judge and the prosecutor to dismiss the Cultivation of Marijuana charge -- the most serious charge remaining -- and also the Possession of a Class B drug charge.  Client admits to only three charges before the court and receives a total of one year of probation.  Result: School Zone, Conspiracy, Cultivation of Marijuana and Possession of Suboxone Charges All Dismissed, Client Admits to Possession of Marijuana with Intent to Distribute and Two Improper Firearm Storage Charges and Avoids Serving Any Time in Jail or Prison.

November 4, 2011
Cambridge District Court
Docket No. 1052-CR-0112
Client, a 26 year-old college student, was charged with Possession with Intent to Distribute a Class B Controlled Substance and a School-Zone Violation.  If convicted of distributing narcotics within a school zone, Client faced a minimum mandatory sentence of 2 years in the house of correction.  Client hired the Yannetti Criminal Defense Law Firm to represent him.  While Attorney Yannetti was investigating this case, Client was re-arrested by the Malden Police for another school-zone charge after a search warrant was conducted at his house.  In the aftermath of the new arrest, Attorney Yannetti prevented Client's bail from being revoked on the original Cambridge District Court case.  Client then remained free on bail on both cases for well over a year.  On the Cambridge case, Attorney Yannetti filed a motion to suppress all evidence that had been seized from Client, citing the April 2011 case of Commonwealth v. Cruz.  Today, when the motion to suppress was scheduled for a hearing, the prosecutor announces that after reviewing Attorney Yannetti's motion, the D.A.'s Office will agree to it.  As a result, all charges -- including the school-zone violation -- are dismissed today.  Result: Motion to Suppress Allowed, Case Dismissed.

October 25 2011
Waltham District Court
Docket No. 1051-CR-1661
Client, a 21 year-old foreign student at a prestigious university, was charged with Possession with Intent to Distribute a Class D Controlled Substance.  The police alleged that they had received a call regarding some hazardous material found inside a refrigerator left on the sidewalk outside Client's apartment.  Fearing that Client had a meth lab inside his apartment, the fire department and hazmat teams were called in.  When the police searched Client's apartment (with Client's written consent), they found glassine bags, a package of empty gel caps, three digital scales, a vacu-pack machine, a roll of plastic bags, a large quantity of marijuana and over $7,000 in U.S. currency.  Client's family hired Attorney Yannetti.  If Client admitted in court or was convicted of the "possession with intent" charge, he would face certain deportation.  He would lose his education and his ability to re-enter the U.S.  Attorney Yannetti therefore investigates this case for over a year, eventually filing a motion to suppress all evidence seized.  Today, when his motion to suppress was scheduled for a hearing, Attorney Yannetti finally persuades the prosecutor, the police and the judge to dismiss the "possession with intent" charge.  Instead, the charge is reduced to simple possession of marijuana, a misdemeanor.  Client is give two years of probation, with an order that he refrain from using any illegal drugs during those two years.  Client's education and visa rights are preserved.  Result: "Possession with Intent to Distribute" Reduced to Simple "Possession" and Client is Given Probation Instead of Having to Serve a Prison Sentence.

October 19, 2011
Framingham District Court
Docket No. 1049-CR-0565
Client, a 35 year-old man with a history of mental health problems, was arrested for Cultivation of a Class D Controlled Substance, Possession of a Class D Controlled Substance with Intent to Distribute and a School-Zone Violation.  The police alleged that when they executed a search warrant at Client's home, he had 47 marijuana plants, grow lights, liquid plant food, fluorescent lamps, temperature gauges, a digital scale and U.S. currency.  If convicted, Client faced a minimum, mandatory sentence of two years in the house of correction.  Client hired Attorney Yannetti to represent him.  For over a year, Attorney Yannetti investigated this case and advocated for Client.  Today, the prosecutor finally agrees to dismiss the school-zone and cultivation charges.  Instead, Client pleads guilty only to possession with intent to distribute and receives two years of probation.  Client need only remain drug-free and continue with his substance abuse and mental health treatment and he will avoid jail entirely.  Result: School-Zone and Most Serious Charge Dismissed, Client Avoids Prison Time Entirely on the Remaining Charge.

September 9, 2011

Boston Municipal Court
Roxbury Division
Docket No. 1002-CR-3924
Client, a 43 year-old man with a criminal history, was charged with Distribution of a Class B Controlled Substance, Possession with Intent to Distribute a Class B Controlled Substance and a School-Zone Violation.  The police alleged that Client had engaged in a street-level drug transaction.  They then searched the garage on the property of someone for whom Client was doing construction work.  In that garage, the police found Client's tools, equipment and a "fanny pack" -- which contained an electronic scale and two bags of methamphetamine.  If convicted of the school-zone charge, Client faced two mandatory minimum years in the House of Correction.  Client hires Attorney Yannetti, who files a motion to suppress all evidence seized from Client.  After cross-examining the arresting police officer during the hearing on July 11, 2011, Attorney Yannetti argued that Client's constitutional rights had been violated.  Today, the judge announced his decision, suppressing all evidence seized.  The prosecutor then moves to dismiss all three charges.  Result: Motion to Suppress Allowed, Case Dismissed.

August 26, 2011
Essex Superior Court and Lynn District Court
Docket Nos. 2010-1090 and 1113-CR-0521
Client, a 42 year-old man with a criminal history, was represented by another law firm in 2010 when he pled guilty to Distribution of Counterfeit Goods in Essex Superior Court.  In February 2011, while on probation for that offense, he was arrested and charged with Narcotics Distribution, Possession with Intent to Distribute and three School-Zone Violations. A judge in the Lynn District Court imposed a high bail on these new charges and detained Client for a month in jail.  Client's family then hired the Yannetti Criminal Defense Law Firm to represent him.  Attorney Greg L. Johnson took charge of the both the new case (for which Client faced several minimum-mandatory sentences) and the old case (for which Client was issued a probation surrender notice).  Today, at the probation surrender hearing, Client faced a potential five-year state prison sentence.  Attorney Johnson, however, persuaded the judge to reject the recommendation of the probation department and instead sentence Client to only 18 months in the house of correction.  Attorney Johnson then persuaded the prosecutor in Lynn District Court to dismiss the school-zone and drug distribution charges, so Client did not receive any extra prison time for the new charges.   Result: Five of Seven Charges -- including School-Zone Violations -- Dismissed, Client Serves Minimal Time for Probation Violation and No Extra Time for New Charges.

July 20, 2011
Boston Municipal Court
Brighton Division
Docket No. 1008-CR-0808
Client, a 24 year-old postgraduate university student, was arrested for Possession with Intent to Distribute a Class D Controlled Substance and a School-Zone Violation.  The prosecution alleged that Client received a UPS package containing approximately 10 pounds of marijuana.  After Client signed for the package at his apartment, the police searched his bedroom and found over $19,000.00 in U.S. currency, as well as four glass jars containing marijuana, numerous baggies and a scale.  If convicted of the school-zone violation, Client faced a minimum, mandatory sentence of two years in the House of Correction.  Client hired Attorney Yannetti, who investigated the case and filed a motion to suppress evidence.  Essentially, Attorney Yannetti sought to have Client's statements and the contents of his bedroom suppressed from evidence as a result of alleged constitutional violations.   Today, on the hearing date for the motion, the prosecutor agrees to dismiss the school-zone charge.  In addition, the prosecutor agrees to continue the possession-with-intent-to-distribute charge without a finding of guilty.  If Client successful completes his probation, both possession charges will be dismissed in 3 years.  Result: School Zone Violation Dismissed, Client Avoids a Conviction and Avoids Serving Any Jail Time.

July 8, 2011
Boston Municipal Court
Dorchester Division
Docket No. 1007-CR-5230
Client, a 52 year-old registered nurse, was arrested for Possession with Intent to Distribute a Class B Controlled Substance and a School-Zone Violation.  The prosecution alleged that Client drove to within 1000 feet of an elementary school in Dorchester and bought crystal meth.  While the police were watching him, Client allegedly shared the crystal meth a friend.  If convicted of the school-zone violation, Client faced a minimum, mandatory sentence of two years in the House of Correction.  Client hired Attorney Yannetti, who investigated the case and filed a motion to suppress evidence -- which contested the manner in which the police had seized narcotics from Client.  Today, on the hearing date for the motion, the prosecutor agrees to dismiss the school-zone charge.  In addition, the prosecutor agrees to continue the possession-with-intent-to-distribute charge without a finding of guilty.  If Client successful completes his probation, both possession charges will be dismissed in 2 years.  Result: School Zone Violation Dismissed, Client Avoids a Conviction and Avoids Serving Any Jail Time.

April 14, 2011

Dorchester District Court
Docket No. 1007-CR-3677
Client, a 31 year-old biochemist, was arrested for Possession with Intent to Distribute a Class A Substance, Possession with Intent to Distribute a Class B Substance and two School Zone Violations.  The prosecution alleged that Client drove to within 1000 feet of an elementary school in Dorchester in order to buy ten grams of heroin and ten grams of cocaine for the purpose of reselling both drugs.  The drug deal allegedly took place while the police were surveilling him.  If convicted of either school-zone violation, Client faced a minimum, mandatory sentence of two years in the House of Correction.  Client hired Attorney Yannetti, who investigated the case and then filed two motions to suppress evidence.  Today, on the hearing date for those motions, the prosecutor agrees to dismiss both school-zone charges.  In addition, the prosecutor agrees to reduce both possession-with-intent charges to simple possession.  Attorney Yannetti then persuades the judge to continue both misdemeanor possession charges without a finding of guilty.  If Client successful completes his probation, both possession charges will be dismissed in 18 months.  Result: School Zone Violations Dismissed, Distribution Charges Reduced to Simple Possession and Client Avoids a Conviction Entirely.

February 15, 2011

Boston Municipal Court
Brighton Division
Docket No. 0908-CR-1634
Client, a 30 year-old truck driver, was originally charged with Trafficking in Cocaine, which carries a minimum, mandatory sentence of three years in state prison.  He also faced a school-zone charge, which carries a minimum, mandatory additional penalty of two years in the house of correction.  The police allegedly witnessed Client engage in a street-level sale of cocaine.  They then took Client back to his apartment, where they conducted a search and found over 19 grams of cocaine, packaging material, 55 pills with no accompanying prescription and U.S. currency.  At an early juncture, Client hired Attorney Yannetti, who persuaded the district attorney's office not to indict Client and to instead leave the case in the Brighton Division of the Boston Municipal Court.  As a result, the lead charge was reduced to Possession of a Class B Controlled Substance with Intent to Distribute.  For over a year after that, Attorney Yannetti investigates this matter and prepares his defense.  Today, when the case was scheduled for a hearing on a defense motion to suppress, Attorney Yannetti persuades the prosecutor to drop every charge, including the school zone charge, except for the possession-with-intent charge.  Attorney Yannetti also persuades the prosecutor to recommend a sentence of probation for six-months.  Result: Trafficking Charge Dismissed, School-Zone Charge Dismissed, Client Avoids Serving Any Time in the Prison.

January 4, 2011

Boston Municipal Court
Central Division
Docket Nos. 0901-CR-3396 and 0901-CR-3485
Client, a 54 year-old man, faced two school-zone charges, each carrying a minimum, mandatory penalty of two years in the house of correction.  The police allegedly witnessed a man enter Client's apartment and buy crystal methamphetamine from him.  Several days later, the police executed a search warrant at Client's apartment and recovered nine plastic bags containing crystal meth, a vial of illegal steroids and over $8,000 in U.S. currency.  As a result, Client was charged with Distribution of a Class B Controlled Substance, Possession of a Class B substance with Intent to Distribute, Possession of a Class C substance and the two school-zone charges.  Client originally hired another attorney, who filed and lost a motion to suppress.  Client discharged that attorney and hired Attorney Yannetti at a late juncture to try to prevent himself from being sentenced to prison.  Attorney Yannetti negotiates with the district attorney's office over the course of four months, eventually persuading the assigned prosecutor to dismiss both school-zone charges.  Today, Client receives a suspended sentence to wrap up all of his charges.  Result: School-Zone Charges Dismissed, Client Avoids Serving Any Time in the Prison.

December 7, 2010
Dedham District Court
Clerk's Hearing
Client, a 45 year-old orthopedic assistant, faced a potential complaint for 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 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 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.

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 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 analyzes the clerk's file at the courthouse, then contacts the district attorney's office.  Remarkably, the same prosecutor who was assigned to the case in 1997 is still with the DA's Office.  That prosecutor investigates the state of his evidence and determines that the Commonwealth can still prove the case.  Over the course of several months, Attorney Yannetti negotiates with the prosecutor and eventually arranges for Client to remove his default in October 2009.  The warrant for his arrest is recalled and Client is released on bail and allowed to go back home to Virginia until this case is resolved.  Over the course of the next 11 months, 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.

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 to go forward with 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.

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 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 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.

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 paraphernalia.  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.

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.

November 23, 2009
Cambridge District Court
Docket No. 0952-CR-0908
Client, an 18 year-old high school senior, was observed by the police engaging in a hand-to-hand drug transaction. Before the police descended upon Client's car, they heard the alleged buyer say to Client, "I'll be calling you for more of this stuff." The police then separated Client from the alleged buyer and found some marijuana on the floor of Client's car. When the police found two buds of marijuana in the pocket of the alleged buyer, he told the police that he had just purchased them from Client for $40. The police then found two $20 bills in Client's pocket and the box for a digital scale in the car. As a result, Client was charged with distribution of a class D controlled substance. If convicted, Client faced the prospect of a potential house-of-correction sentence, a permanent entry on his criminal record, and a loss of his driver's license for two years. Client hired Attorney Yannetti to fight the charge. Attorney Yannetti takes the case to trial today. Result: Not Guilty Verdict after trial.

October 16, 2009
Boston Municipal Court
Central Division
Docket No. 1977-56 and 1977-61
Client was convicted in 1977 of possession of marijuana with the intent to distribute (as well as unlawful possession of a firearm). At the time, Client was a recent immigrant from Trinidad & Tobago. For the next thirty years, Client led a productive life here in the U.S., gaining notoriety as a singer for a popular reggae band. He was shocked to learn that he now faced deportation as a result of his 1977 convictions in the Boston Municipal Court. Client retained Attorney Yannetti to try to reverse the convictions so that he would be able to avoid deportation. Attorney Yannetti then investigates this matter and conducts the appropriate legal research, which results in a motion for new trial and a 22-page memorandum to support it. On September 17, 2009, after a hearing before a B.M.C. judge, Attorney Yannetti's motion for new trial was allowed and the conviction was reversed. Today, the prosecutor announces in court that the district attorney's office will not appeal the judge's ruling. Client's record therefore no longer contains those serious felony convictions. He can no longer be deported. Result: Motion for New Trial Allowed, Case Dismissed and Client avoids almost certain deportation.

September 15, 2009
Boston Municipal Court
Dorchester Division
Docket No. 0807-CR-4579
Client was charged with possession of cocaine with the intent to distribute within a school zone. If convicted, Client faced a minimum mandatory sentence of two years in the house of correction. Client hired Attorney Yannetti to fight the charges. Attorney Yannetti filed a motion to suppress the drugs that were found. Back in March, a full hearing was held on Attorney Yannetti's motion to suppress, during which Attorney Yannetti argued that the police had violated Client's constitutional rights by searching him on the day in question. Today, after the judge allowed the motion to suppress, the prosecutor announced that the district attorney's office would not appeal the judge's ruling. As a result, Attorney Yannetti persuades the judge to dismiss the complaint. Result: Motion to Suppress Allowed, Case Dismissed.

June 1, 2009
Malden District Court
Clerk's Hearing
Client, a 20 year-old college student, was stopped by the police for a motor vehicle violation. Client allegedly was belligerent to the police, who found multiple bags of marijuana, a digital scale, and a stolen store sign in his car. Client hired Attorney Yannetti to represent him at the clerk magistrate's hearing, where he faced possible charges of larceny and possession of marijuana with the intent to distribute. Today, Attorney Yannetti persuades both the police prosecutor and assistant clerk magistrate that the application for complaint against Client should not issue. Client never appears before a judge. This case will never appear on his criminal record. Result: Application for Complaint Dismissed.

May 14, 2009
Quincy District Court
Docket No. 0856-CR-3492
Client was charged with possession of cocaine with the intent to distribute within a school zone. If convicted, Client faced a minimum mandatory sentence of two years in the house of correction. Client hired Attorney Yannetti to fight the charges. Attorney Yannetti filed a motion to suppress the drugs that were found, and also the $3000 in cash that Client had in his possession. Back in January, a full evidentiary hearing was held on Attorney Yannetti's motion to suppress, during which Attorney Yannetti cross-examined the arresting officer. Today, after the judge allowed the motion to suppress, the prosecutor announced that the district attorney's office would not be appealing the judge's ruling. As a result, Attorney Yannetti persuades the judge to dismiss the complaint. Result: Motion to Suppress Allowed, Case Dismissed.

February 3, 2009
Dedham District Court
Clerk's Hearing
Client, a construction manager, was under police surveillance when he allegedly distributed one-half pound of marijuana to someone else. Client hired Attorney Yannetti to represent him. Today, at the clerk's hearing, Attorney Yannetti cross-examines the arresting police officer. At the conclusion of the hearing, the officer agrees to reduce the charge from distribution of marijuana to simple possession of marijuana. When Client is eventually arraigned before a judge, he faces a substantial reduction in possible penalties -- and will almost certainly not receive a criminal conviction regarding this matter. Result: Application for a Complaint charging Distribution of Marijuana and Conspiracy Dismissed. Complaint issues only for simple possession of marijuana.

March 19, 2008
Malden District Court
Docket No. 0750-CR-1904
Client, a young man with a prior criminal record, had previously served time in the house-of-correction. During an alleged cocaine deal with an undercover police officer in a motor vehicle, Client allegedly said to the officer, "You're not a snitch are you? We shoot snitches." Client was therefore arrested and charged with distribution of cocaine within a school zone and conspiracy to violate the narcotics laws. If convicted of the school zone charge, Client faced the prospect of being sentenced to two years, minimum-mandatory, in the house of correction. Attorney Yannetti answers ready for trial today, prepared to challenge Client's status as a joint venturer in the drug deal. Before a jury is impaneled, the prosecutor offers to dismiss the school zone and conspiracy charges in exchange for Client's admission to simple distribution. Client therefore receives a split sentence, with only six months to serve. With good time, Client will be eligible for parole in three months. Result: Client avoids school-zone and conspiracy charges, avoids a minimum-mandatory two-year sentence, and will be eligible for parole in three months.

January 23, 2008
Boston Municipal Court
Brighton Division
Docket No. 0708-CR-1939
Client, a 19 year-old college freshman, was investigated for drug distribution on campus. The university police department found cocaine in his bedroom, as well as individually packaged baggies of marijuana, a scale and over $900 in cash. On his computer, the police found instant messages containing conversations about Client picking up "drug money" from customers. His roommates told the police that Client was indeed dealing drugs. The police sought a criminal complaint against him for possession of a class D controlled substance (marijuana) with intent to distribute, and possession of a class B controlled substance (cocaine) with intent to distribute. Client's parents retained Attorney Yannetti, who scheduled the matter for a clerk magistrate's hearing. At that hearing back on November 13, 2007, Attorney Yannetti convinced the assistant clerk magistrate not to charge Client with any offense involving cocaine. Client was then arraigned before a judge and faced a single count of possession of marijuana with intent to distribute. Client, who had been ordered to stay away from campus until this case was resolved, wound up violating that order and was subsequently charged with trespassing. Today, when the case was scheduled for a pre-trial conference, Attorney Yannetti persuades the prosecutor and the judge to dismiss the trespassing complaint. Attorney Yannetti also convinces the prosecutor to reduce the marijuana charge from "possession with intent to distribute" to simple possession. Client is then given a continuance without a finding until the end of May. As long as he successfully completes his probation by staying out of further trouble, performing 25 hours of community service, staying drug-free and staying off-campus, this case will be dismissed about four months from now. Result: Client avoids a charge of cocaine distribution, avoids a charge of marijuana distribution, has a trespass charge Dismissed, and avoids a criminal conviction on simple possession of marijuana -- as that charge will also be Dismissed four months from now.

January 24, 2007
Suffolk Superior Court
Docket No. 2006-10173
Client was charged with multiple offenses carrying minimum mandatory sentences, including trafficking in cocaine, distribution of narcotics in a school zone, carrying a firearm and possession of a large capacity weapon. Client was also indicted as an "armed career criminal, level 3," and therefore faced a minimum mandatory 15-year state prison sentence for that charge alone. At the time of his arrest for carrying the firearm, Client had been on release after posting bail on his trafficking case -- meaning, by statute, the sentences on each case had to be consecutive and not concurrent. The trafficking and school zone indictments carried an additional 5 year sentence, minimum mandatory, in state prison. Attorney Yannetti answers ready for trial on the trafficking case, having retained an expert forensic toxicologist to testify that the amount of cocaine in Client's possession could be consistent with personal use and not distribution of narcotics. Result: The prosecutor agrees to dismiss the Armed Career Criminal Level 3 indictment, as well as the Trafficking in Cocaine and School Zone indictments. Client elects to resolve all of his outstanding matters for a greatly reduced 3 1/2 year sentence -- only 3 years of which is mandatory. With credit for time served awaiting trial, Client will serve less than 3 years.