Boston Felony Defense Lawyer
Felonies are those crimes punishable by more than five years in state prison. Often felony convictions carry mandatory minimum prison sentences, meaning that the judge has no discretion to impose a lighter sentence or probation. If you are found guilty after trial, the judge has to impose the mandatory minimum sentence. Felony sentences are typically served in state prison as opposed to a county jail or house of correction.
Examples of felonies include armed robbery, aggravated assault, arson cases, receiving stolen property, bank robbery, sex offenses, and murder. Most drug charges and white-collar crimes such as fraud and embezzlement are also felonies.
If you are under investigation for a state or federal crime that could result in felony charges, it is absolutely critical that you receive a lawyer's advice as soon as possible. While judges have no discretion in the mandatory minimum sentence, the prosecutor does have discretion in what you are charged with. A experienced felony defense lawyer may be able to persuade prosecutors not to charge you — or to charge you with a less serious offense.
As a former prosecutor in Middlesex County in Massachusetts, I tried hundreds of felony cases for the Commonwealth. Understanding how the state puts a felony case together helps me to attack those cases as a criminal defense attorney. Since 1999, I have an excellent track record of obtaining dismissals, not guilty verdicts, and reduced charges for my clients. Contact me to discuss your rights and options.
Free Phone Consultation: Contact Boston felony defense lawyer David Yannetti.
Recent Felony Cases:
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 sudent 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 Atorney 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 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 Assault by Means of a Dangerous Weapon (to wit: a knife), a felony, as well as Domestic Assault and Battery. 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 only needs to have a mental health evaluation done and the case will be dismissed in four months with no repercussions for client's record, employment, career or future. Result: Case 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 succeeded 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 alleged that Client and a co-defendant twice met at client's place of business in Montreal, for the purpose of hiring a hitman 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 "hitman," who was actually an undercover Boston detective wearing a hidden recording device. On tape, the co-defendant talked with pleasure about having the man thrown overboard to the sharks after he was forced to turn over 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 undercover officer started to explain the plan to kidnap the man, Client said "I know everything," and repeated it more than once. 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 "hitman" 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 Governement's evidence. After a hard-fought trial (after which his co-defendant was convicted of both counts), Client walks from court a free man after awaiting trial in federal jail for over nearly two years. Result: Not Guilty Verdicts after a Jury Trial. Client is Acquitted of Both Indictments and Leaves for Canada to Go Home to his Wife and Family.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.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.August 4, 2009
Brockton District Court
Docket No. 0815-CR-1542
Client, a 32 year-old contractor, was charged with larceny over $250, a felony, as a result of a dispute he had in 2005 with a homeowner. Client allegedly took $80,000 from the homeowner, spent $13,000 of that money on architects, engineers and laborers, and pocketed the remaining $67,000. After being summonsed to the police station, Client gave a videotaped statement, during which he admitted that he owed tens of thousands of dollars to the homeowner. Client failed to pay any of the money back. Client hired Attorney Yannetti to investigate and help him resolve this matter. Attorney Yannetti arrives in court today ready for trial, and armed with a plethora of material to impeach the credibility of the homeowner. After a lobby conference and hours of negotiation with the prosecutor, Attorney Yannetti persuades the judge to dismiss the case against client upon the payment of $67,000. The judge agrees to dismiss the case over the prosecutor's objection. Result: Case Dismissed.July 1, 2009
Ayer District Court
Docket No. 0848-CR-2038
Client, a 38 year-old insurance agent, falsified an insurance application on behalf of a potential customer, signed that potential customer's name to the application and submitted it to an insurance company along with a forged check in the potential customer's name. When the check was returned for insufficient funds, the potential customer was notified by the Registry of Motor Vehicles that her driver's license was going to be suspended for her failure to insure her car. She therefore reported the fraud to the police, who proceeded to investigate. Client confessed to his wrongdoing. He then hired Attorney Yannetti to minimize the damage to his otherwise clean criminal record. Today, Attorney Yannetti persuaded the judge to continue this case without a finding -- over the objection of the prosecutor, who had insisted on convictions and a hefty fine. Client only needs to perform community service and will be eligible to have this case dismissed in 18 months. Result: Client Avoids a Conviction on All Charges.April 27, 2009
Boston Municipal Court
Central Division
Docket No. 0901-CR-2635
Client, a recent college graduate working as a new associate in a local firm, was arrested for attempting to steal over $2,000 in clothing from an upscale department store. As a result, she faced a charge of larceny over $250, a felony. Today, Attorney Yannetti persuades the prosecutor and the judge to allow Client to be placed on pre-trial probation. This means that Client does not admit to any crime. After six months -- as long as she avoids further arrests -- the case will be dismissed with no repercussions for Client's record. Result: Case Dismissed.
March 19, 2009
Dedham District Court
Docket No. 0809-CR-300 and 0809-CR-0377
Client, a law student, was arrested for domestic assault and battery, intimidation of a witness, malicious destruction of property, threats, and violation of restraining order. The allegations were made by his ex-girlfriend, who was a law student as well. She claimed that Client had chased her down in an apartment building, slammed her head against the wall, tackled her, pushed her head into the floor, broke her cell phone when she tried to call "911," and violated the restraining order that was subsequently issued by a judge in the aftermath of the allegations. The case took the better part of a year to be called for trial. In the meantime, Client graduated from law school, passed the bar exam, but could not become a lawyer unless he was acquitted of all charges. Currently working for a prestigious law firm, Client would have lost his job if convicted of any of the many crimes with which he was charge. Trial began yesterday. During his cross-examination of Client's ex-girlfriend, Attorney Yannetti successfully exposes her as a liar. Today, Attorney Yannetti achieved an acquittal of all charges for Client. Result: Not Guilty Verdict after Trial.
March 11, 2009
Boston Municipal Court
Brighton Division
Docket No. 0908-CR-0063
Client, a 23 year-old professional, went out drinking with some friends one night. On the way home, he allegedly was kicking a plastic gas container down the street. At one point, while a police officer watched in horror, Client allegedly bent down near the gas container with a lit cigar in his hand. When the police stopped him, Client allegedly admitted trying to light the gas container on fire. He was therefore arrested for two counts of attempted arson (a felony), as well as one count of disorderly conduct. Client hired Attorney Yannetti. At the pre-trial conference, Attorney Yannetti persuades the prosecutor to dismiss both counts of attempted arson. On the misdemeanor charge, Attorney Yannetti files a motion for pre-trial probation. The prosecutor assents, and the judge allows the motion. Client only needs to perform 40 hours of community service and the case will be dismissed with no admission of guilt. Result: Both Felony Charges Dismissed, Misdemeanor Charge to be Dismissed.
February 23, 2009
Boston Municipal Court
Central Division
Docket No. 0201-CR-1073
Back in 2002, represented by another attorney, Client admitted to sufficient facts to a larceny charge, despite the fact that he was not a citizen. Several years later, married with a young child, he faced the prospect of deportation -- despite having successfully completely probation and never being charged with any other crime. Client therefore hires Attorney Yannetti to investigate whether this old case might be re-opened. After researching the court's file, Attorney Yannetti discovers an error in the paperwork filed with the court at the time that client admitted to sufficient facts. Attorney Yannetti therefore files a motion for new trial. Today, Attorney Yannetti persuades the judge to allow his motion for new trial. This case is then resolved in a fashion that will not hinder Client's attempts to become a citizen. Result: Client's Immigration Status Preserved.
February 12, 2009
Middlesex Superior Court
Docket No. 87-3487
Back in 1989, represented by another attorney, Client was sentenced to 6-8 years in state prison for a distribution of cocaine case. In 1990, after serving part of his state-prison sentence, Client's sentence was revised to a suspended sentence. He successfully completed probation in 1993. By early 2009, Client had grown up, completely turned his life around, and was now a medical doctor. Client contacts Attorney Yannetti to petition the court to seal this old conviction. Today, Attorney Yannetti's petition to seal was successful. As a result, Client can now truthfully answer on any job or official application that he has never been arrested, charged or convicted of any crime. Result: Case Permanently Sealed.
February 9, 2009
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a law student, went out one night during "finals" week and had too much to drink. On his way home, he allegedly kicked in the window of a local apartment building -- for no apparent reason. Client hired Attorney Yannetti to represent him at a clerk's hearing for the potential felony charge of malicious destruction of property. If a complaint was issued against him, Client faced the prospect of having an entry on his criminal record, which would have severely damaged his prospects for future employment in the legal field. Today, Attorney Yannetti persuades the police prosecutor and assistant clerk magistrate that the application for complaint against him should not issue. Client never appears before a judge. Client needs only to make restitution for the broken window and this case will never appear on his criminal record. Result: Application for Complaint Dismissed.
February 6, 2009
Framingham Juvenile Court
Docket No. DL-08-F-0842
Client, a junior high school student, was charged with assault and battery by means of a dangerous weapon, a felony, as a result of allegedly participating in a group beating of a fellow student on school grounds. Client's parents hired Attorney Yannetti, who, after months of negotiation, eventually persuades the prosecutor to drop the felony charge. Further, the prosecutor agrees to recommend a continuance-without-a-finding on a misdemeanor assault and battery charge. Over the prosecutor's objection, Attorney Yannetti then persuades the judge to order that Client's probation be "unsupervised," so that he does not need to report to the courthouse every month to check in with a probation officer -- and he does not need to pay the higher fees associated with supervised probation. Client needs only to perform 20 hours of community service and the case will be dismissed in six months. Result: Felony Dismissed, Client avoids conviction on misdemeanor.
February 3, 2009
Dedham District Court
Clerk's Hearing
Client, a construction manager, was under police surveillance when he allegedly distributed one-half pound of marijuana to someone else. Client hired Attorney Yannetti to represent him. Today, at the clerk's hearing, Attorney Yannetti cross-examines the arresting police officer. At the conclusion of the hearing, the officer agrees to reduce the charge from distribution of marijuana to simple possession of marijuana. When Client is eventually arraigned before a judge, he faces a substantial reduction in possible penalties -- and will almost certainly not receive a criminal conviction regarding this matter. Result: Application for a Complaint charging Distribution of Marijuana and Conspiracy Dismissed. Complaint issues only for simple possession of marijuana.
January 29, 2009
Quincy District Court
Docket No. 0756-CR-7625
Client was arrested for possession of a class A substance (heroin) and conspiracy to violate the controlled substances laws. Client hired Attorney Yannetti, who files a motion to suppress the drugs that were seized from Client. Today, when the motion to suppress was scheduled for a hearing, the district attorney's office decides not to go forward with the complaint. Result: Case Dismissed.
January 28, 2009
Cambridge District Court
Docket No. 0852-CR-1117
Client, a young professional, allegedly smashed a window of a home one night and entered to find a young mother and her child, both terrified. He allegedly told them that he was going to sleep there that night. When he went over to the sofa in the living room, the mother locked her child and herself in another room and dialed "911." The police arrived to find Client asleep on the couch. As a result, Client was charged with breaking and entering into a dwelling with the intent to commit a felony. Client hired Attorney Yannetti, who, after months of negotiation, eventually persuades the prosecutor to agree to drop the felony charge. Further, the prosecutor agrees to recommend a continuance-without-a-finding on a misdemeanor charge -- breaking and entering with intent to commit a misdemeanor. Client needs only to pay $800 in restitution for the broken window and the case will be dismissed in one year. Result: Felony Dismissed, Client avoids conviction on misdemeanor.
January 20, 2009
Boston Municipal Court
East Boston Division
Docket No. 0805-CR-1015
Client was the local station manager for an airline. His employer alleged that he embezzled approximately $36,000.00 over the course of a year by skimming money from DVD rentals and liquor sales on flights. Over the course of a year (while this felony larceny case was pending in the East Boston Division of the Boston Municipal Court), Attorney Yannetti convinced a judge to suppress many documents from evidence -- thereby damaging the prosecution's case. Back on April 23, 2008, when the case was finally scheduled for trial, Attorney Yannetti convinced a judge to dismiss the case without prejudice. The prosecution, however, then re-applied for a new complaint in East Boston. Attorney Yannetti therefore filed a second motion to dismiss, before a different judge. Today, that new judge allows Attorney Yannetti's motion to dismiss, agreeing that Client's speedy trial rights were violated. Result: Case Dismissed.
December 12, 2008
Theft Investigation
Client allegedly stole in excess of $8,000 from her ex-husband by fraudulently withdrawing money from their joint account. After a month of negotiation with her ex-husband's attorney, Attorney Yannetti convinces them not to report Client to any law enforcement agency. Instead, her ex-husband agreed to accept restitution of the monies taken, a return of his remaining personal property and payment of his attorney's fees. Today, the settlement agreement is finally signed and the matter is resolved amicably without police involvement. Result: No Charges are Brought.
December 4, 2008
Newton District Court
Docket No. 0812-CR-0368
Client was charged with a felony -- assault by means of a dangerous weapon -- as a result of allegedly threatening his wife with a hammer and chasing her out of their home. In response to a 911 call, the police arrived to find Client's wife on the street with their young child. If convicted, Client faced the prospect of losing everything he had worked very hard to achieve -- his career and his residence in the U.S. Even a continuance-without-a-finding disposition would have subjected him to deportation to his native country. Client initially hired another attorney, who was not able to persuade the prosecutor to offer pre-trial probation -- a disposition that would require no admission of guilt from Client, and one which would result in the charge being dismissed. Client hired Attorney Yannetti to take the case to trial for him. Attorney Yannetti instead proposes creative conditions of probation that ultimately convince the district attorney's office to soften its stance on the case. Today, both the prosecutor and the judge agree to place Client on pre-trial probation. He admits to no wrongdoing and after two years -- as long as he successfully complies with the terms of his pre-trial probation -- the case will be dismissed with no repercussions for either Client's record or his immigration status. Result: Case Dismissed.
November 13, 2008
Boston Municipal Court
South Boston Division
Docket No. 0803-CR-0730
The prosecution alleged that Client had an argument one night with girlfriend, during which he allegedly grabbed her by the neck, threw her to the ground, choked her and threatened to kill her. In response to a 911 call, the police officers arrived and noticed red marks on his girlfriend's neck. Client had a previous felony on his record -- for assault and battery by means of a dangerous weapon -- which had been continued without a finding. As a result, he decided to retain Attorney Yannetti to pursue the best "deal" he could get regarding this new case. After a lengthy negotiation, the prosecutor would not budge from her recommendation of a guilty finding and a conviction for Client, in light of the facts as outlined above and Client's prior history. Nevertheless, Attorney Yannetti today persuades the judge to instead continue this case without a finding over the prosecutor's objection. As long as Client remains arrest-free, this case will be dismissed in one year. Result: Client Avoids a Criminal Conviction.
November 2, 2007
Framingham District Court
Docket No. 0749-CR-2687
Client, a 43 year-old local businessman, was charged with assault and battery by means of a dangerous weapon (a felony) and disorderly conduct as a result of a confrontation he allegedly had at a gas station in July. The police alleged that Client became angry when another customer cut in front of him in the gas line, that Client caused a scene, and that Client wound up pinning the other customer against his own car by striking him hard with the car door. Within days of the incident, Client hired Attorney Yannetti, who in turn sent out an investigator to uncover the true facts. Attorney Yannetti's investigator learned from eyewitnesses that the police version of events was in fact untrue, and that no assault and battery had taken place. Today, the prosecutor confirmed in open court that the alleged "victim" was never struck at all. The prosecutor therefore agreed to dismiss the ABDW charge. Regarding the disorderly person charge, the prosecutor recommends a year of probation with mandated anger-management counseling for Client. Attorney Yannetti objects. The judge then agrees to continue the disorderly charge without making a finding of guilty. Client only needs to pay $180.00 in court costs and the charge will be automatically dismissed in only two months time. Result: The most serious charge against Client is Dismissed, and Client Avoids a Criminal Conviction on the remaining charge -- which will also be Dismissed two months from now.
July 16, 2007
Suffolk Superior Court
Docket No. 2002-1326
Client, a 41 year-old man with a long criminal record, was held in jail without bail since May. Client had been placed on probation back in 2003 with a 2 ½ year suspended sentence hanging over his head -- then failed to report to his probation officer and did not comply with any of the terms of his probation. While on probation, Client was arrested for a new 2nd-offense OUI case, and then was arrested again for an assault and battery case in which the police allege that Client had broken his girlfriend's leg. Client retained Attorney Yannetti in a desperate attempt to be released on bail until his probation surrender hearing -- which is only eleven days away. Today, Attorney Yannetti convinces a Suffolk Superior Court judge to release client on cash bail, with the stipulation that he wear an electronic bracelet and report to this probation surrender hearing as scheduled. Result: Client released on bail.
June 13, 2007
Boston Municipal Court
Central Division
Docket No. 0101-CR-0771
Client, a 45 year-old man with a long criminal record, was previously represented by another lawyer when he pled guilty to a felony charge of assault and battery by means of a dangerous weapon. Client was placed on probation at that time, with a 2 ½ year suspended sentence hanging over his head. While on probation, Client failed to provide a DNA sample, required of those who have been convicted of a felony. As a result, his probation was not terminated as scheduled. Client then was arrested for a new domestic assault and battery case where the police allege that he bloodied his girlfriend's mouth. Client was also arrested for an unrelated felony larceny case, where the police allege that he stole over $50,000 from an elderly couple. Client then hired Attorney Yannetti, who worked with the State Police and the Suffolk County Jail to allow Client to belatedly provide the required DNA sample. Today, Attorney Yannetti convinces Client's probation officer and the judge not to impose the 2 ½ year suspended sentence that Client was facing. Instead, Client's probation is terminated today and he avoids having to serve any time in jail despite the two new arrests. Result: Probation terminated and Client is discharged from further probation.
May 18, 2007
Framingham District Court
Docket No. 0149-CR-3137
Six years ago, Client was a troubled man in his early 20's with a serious drug and alcohol problem. He was on probation in the Uxbridge District Court, having previously pled guilty to larceny of a motor vehicle, resisting arrest and carrying a dangerous weapon. He was also on probation in the Newburyport District Court for a malicious destruction of property conviction. While on probation in both courts, he was then re-arrested for assault and battery on a police officer, carrying a dangerous weapon, and breaking and entering into a home in Hopkinton. He was also charged with resisting arrest because he allegedly struggled and spit blood into the face of the police officer instead of complying. Client never appeared in Framingham District Court to answer for that new case. For the past six years, there have been warrants outstanding for Client's arrest in all three courts and he has been "on the run." In the fall of 2006, having cleaned up his act, dealt with his drug and alcohol issues and simply "grown up," Client contacts Attorney Yannetti. Recognizing that he had clearly violated his probation in two courts by getting re-arrested and failing to comply with any of the terms of his probation, Client realized that he was facing prison time. Client was rightly concerned that he might have to serve several years in jail. Attorney Yannetti, however, negotiates a three-way agreement with Client's probation officers in Uxbridge and Newburyport, as well as with the district attorney's office in Framingham. Result: Client resolves all three outstanding cases for a concurrent six-month house-of-correction sentence, and with time off for good behavior, Client may be released as early as August.
April 25, 2007
Brookline District Court
Docket No. 0609-CR-0907
Client was charged with assault by means of a dangerous weapon and reckless operation of a motor vehicle as a result of an alleged "road rage" incident. Attorney Yannetti filed a motion to suppress statements that Client had allegedly made to the police without having been advised of his Miranda rights and without having had the interrogation videotaped. Today, when his motion to suppress was scheduled for a hearing, Attorney Yannetti convinces the prosecutor and the judge to place Client on pre-trial probation - meaning that Client does not admit to any crime and the case ultimately is dismissed with no repercussions for Client's record. Result: Case Dismissed.
February 22, 2007
Breaking & Entering Police Investigation
Client, a law student, missed his flight home for spring break last week because bad weather grounded his plane. He wound up going out and getting very drunk that night, returning to his apartment in the early morning hours. The police knocked on his door that morning, informing him that during the time period in which he had come home the previous night, someone fitting his description had broken into three apartments in his building and had stolen a flat-screen television and some jewelry, among other items. Client had absolutely no memory of the night before. Attorney Yannetti contacts the detective in charge of the case and appears at the police station with Client today to persuade the detective not to take out charges. Result: No Charges Filed.
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.
October 26, 2006
Marlborough District Court
Docket No. 0621-CR-0789
Client was charged with cruelty to animals for allegedly mistreating the family dog through neglect. After many court appearances, Attorney Yannetti convinces the prosecutor and the judge to place Client on pre-trial probation today - meaning that Client does not admit to any crime and the case ultimately is dismissed with no repercussions for Client's record. Result: Case Dismissed.










