Criminal Charges & Immigration | Boston Defense Lawyer

Massachusetts Criminal Defense Trial Attorney

Anyone who is not a U.S. citizen faces possible deportation if convicted of criminal charges. Boston criminal defense attorney David Yannetti understands the fear that the threat of deportation can evoke in an immigrant under arrest. As a long-time Boston criminal defense lawyer, Attorney Yannetti has represented countless immigrants against criminal charges. He is not an immigration lawyer, but he is skilled at this type of complex criminal defense that intersects with immigration law. Attorney Yannetti works with a network of experienced Boston-area immigration lawyers to coordinate legal services when representing immigrants charged with criminal offenses. He takes special care to consider the immigration consequences of criminal charges.

Under U.S. immigration law, certain criminal offenses are per se deportable. These include drug distribution and domestic violence. This means that the immigrant will automatically face deportation upon conviction, without the possibility of making a counterargument. Other types of criminal charges are not per se deportable under immigration law. Attorney Yannetti understands the importance of examining the effect on immigration status of the precise criminal charges. He has enjoyed success over the years in negotiating pleas to different criminal charges that are not as likely to result in deportation.

The type of plea is also relevant to immigration status. For example, defendants who plead guilty often also plead admission to sufficient facts. They do this in order to get a continuance without a finding of guilt. For non-citizens, however, admission to sufficient facts is as bad an outcome as a guilty finding. Immigrants should work with a criminal defense lawyer who knows how to coordinate defense of criminal charges with immigration considerations.

Attorney Yannetti also works with immigrants to reverse old convictions in order to prevent deportation. If you received improper advice about immigration consequences of your criminal charges, and are facing deportation as a result, Attorney Yannetti may be able to help. To maintain your legal status in the United States, it may be worth consulting a criminal defense lawyer about challenging an old conviction.

Free Phone Consultation: Contact Boston criminal defense lawyer David Yannetti about immigration concerns relating to criminal charges.

Sample Cases with Related Immigration Issues:

November 30, 2011
Woburn District Court
Clerk's Hearing
Client, a 22 year-old university student, was summonsed to court for a clerk's hearing for a potential complaint of Leaving the Scene after Causing Property Damage.  The police alleged that Client had struck another vehicle then fled the area without exchanging information with the other driver.  As a result of the collision, Client's license plate was actually imbedded in the other driver's vehicle.  Client also admitted to the police that she had caused the collision.  Client was an immigrant very concerned about keeping her record clean, so she hired the Yannetti Criminal Defense Law Firm to represent her.  Today at the clerk magistrate's hearing, Attorney Yannetti persuades the police prosecutor and the assistant clerk magistrate that no criminal complaint should issue against Client.  Client avoids an arraignment before a judge and the application for complaint will be dismissed in three months without ever appearing on Client's criminal record.  Result: Application for Complaint Dismissed.

November 29, 2011
Boston Municipal Court
Central Division
Docket Nos. 1101-CR-6324 and 1101-CR-6343
Attorney Tanis Yannetti represented two Clients at their arraignments today, one a 21 year-old foreign male student at a local university, the other a 21 year-old female university student.  The police alleged that both Clients had worked together to steal over $1,200.00 worth of clothing from an upscale clothing store.  Both Clients were allegedly caught when they were leaving the store with the stolen clothing.  As a result, both Clients faced complaints for Larceny over $250.00, a felony.  If the male student were convicted, he would face immigration problems.  If the female student were convicted, she would face a very difficult job market with a theft crime on her record.  Today, however, Attorney Tanis Yannetti persuades the judge to dismiss both cases prior to arraignment -- over the objection of the prosecutor.  As a result, neither of these charges will show up on either Client's records and their background checks will remain clean.  Each Client only needs to complete 50 hours of community service in order to obtain the dismissal.  Result: Cases Dismissed.

November 29, 2011
Cambridge District Court
Docket No. 1152-CR-1850
Client, a 24 year-old immigrant, was charged with Domestic Assault and Battery and Assault by means of a Dangerous Weapon, a felony.  The police alleged that Client had attacked her husband at home by grabbing his arm, twisting his wrist, then threatening to kill him while waving two kitchen knives at him.  The police observed bruising to Client's husband arm.  If convicted, Client faced certain deportation.  Client hired the Yannetti Criminal Defense Law Firm to represent her.  Attorney Yannetti filed discovery motions, which were allowed by the judge, then scheduled the case for "compliance and election."  Today, Attorney Greg Johnson represented Client in court and convinced the prosecutor and the judge to place Client on pre-trial probation.  As long as Client receives counseling for anger management, this case will be dismissed in one year.  Client retains the presumption of innocence, admits nothing and therefore will avoid deportation.  Result: Case Dismissed.

November 29, 2011
Cambridge District Court
Docket No. 1152-CR-2155
Client, a 33 year-old research scientist, was an immigrant in the U.S. on a work visa when he was arrested for Domestic Assault and Battery.  The police alleged that during an argument with his wife at a bar, Client suddenly grabbed her by the throat and slapped her across the face.  There were eyewitnesses to the alleged assault. Worse, Client's wife told the police that he had abused her numerous times during their two-year marriage.  Realizing that a conviction would lead to his deportation, Client hired the Yannetti Criminal Defense Law Firm to represent him.  Attorney Yannetti began the negotiations with the prosecutor, then Attorney Greg Johnson appeared with Client on his "compliance and election" date today.  Given the strength of the prosecutor's case against Client, Attorney Johnson had his work cut out for him.  Nonetheless, he today persuades the prosecutor and the judge to place Client on pre-trial probation.  As long as Client enters and completes a batterer's program, this case will be dismissed in one year.  Client retains the presumption of innocence, admits nothing and maintains his eligibility to stay in the U.S.  Result: Case Dismissed.

November 17, 2011
Boston Municipal Court
Dorchester Division
Docket No. 1107-CR-2308
Client, a 28 year-old immigrant in the U.S. on a student visa, was charged with Aggravated Domestic Assault and Battery, a felony.  The police alleged that Client was in the process of breaking-up with his girlfriend when he dragged her to the roof of a building and threatened to force her to jump off with him.  When they responded to a 911 call, the police observed scratches to the alleged victim's neck and chest area.  Client initially hired another attorney to represent him because that attorney had promised that the case would be dismissed on a pre-trial date.  It was not, so Client retained the Yannetti Criminal Defense Law Firm to represent him.  Today, when the case was scheduled for trial, Attorney Yannetti moved to dismiss the complaint.  The judge granted that motion to dismiss.  Result: Case Dismissed.

November 14, 2011
Attleboro District Court
Clerk's Hearing
Client, an immigrant and recent college graduate, was cited by the police for Unlicensed Operation of a Motor Vehicle.  The police alleged that while driving on his learner's permit, Client did not have a licensed driver in the car with him.  Client then ran a stop sign and smashed into another vehicle crossing the intersection.  Client hired the Yannetti Criminal Defense Law Firm to preserve his clean criminal record.  Today at the clerk magistrate's hearing, Attorney Yannetti suggests that Client would be willing to pay a fine for failing to yield -- a civil infraction -- in exchange for a dismissal of the application for a criminal complaint.  Both the police prosecutor and the assistant clerk magistrate agree.  No criminal complaint issues against Client, Client never appears before a judge and this case will never affect his immigration status in the U.S.  Result: Application for Complaint Dismissed.

East Brookfield District Court
Clerk's Hearing
Client, a legal immigrant working on a temporary visa as a financial analyst, was cited by the police for Wrongfully Attaching Registration Plates and Operating an Uninsured and Unregistered Motor Vehicle -- all criminal charges.  Client hired the Yannetti Criminal Defense Law Firm to represent him at the clerk magistrate's hearing.  Today at the hearing, Attorney Greg L. Johnson persuades the clerk magistrate that no criminal complaint should issue Client.  Client never appears before a judge and this case will never affect his immigration status in the U.S.  Result: Application for Complaint Dismissed.

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.

August 4, 2011
Dedham District Court
Docket No. 1154-CR-1129
Client, a software engineer in the country on a Mexican visa, contacted the Yannetti Criminal Defense Law Firm yesterday because he learned that there was a warrant for his arrest.  Apparently, the police cited him for operating a motor vehicle without a license -- but sent the summons to the wrong address.  Client did not receive it until after he missed his arraignment date and a warrant issued.  Attorney Yannetti rearranged his afternoon schedule to appear with Client in Dedham to remove the warrant.  In addition, Attorney Yannetti persuades the prosecutor and the judge to place Client on pre-trial probation for three months.  That means that Client admits no fault or guilt and the case will automatically be dismissed in three months as long as Client is not charged with any further crimes.  Finally, Attorney Yannetti persuades the prosecutor and judge to find Client "Not Responsible" on the civil infractions for not having his registration in his possession and for crossing over the marked lanes while driving.  Result: Case Dismissed.

Boston Municipal Court
Roxbury Division
Clerk's Hearing
Client, a University scientific researcher, faced a potential charge of Violation of a Restraining Order.  He and his wife were going through a bad divorce wherein both wanted full custody of their young son.  His wife took out a restraining order against him after reporting to the police that he had struck her.  Client hired Attorney Yannetti to represent him.  On November 24, 2010, Attorney Yannetti succeeded in persuading a West Roxbury Clerk Magistrate to deny his wife's application for a criminal complaint against him.  After that, Client's wife applied for a separate criminal complaint in the Roxbury Division of the B.M.C. and the police scheduled her application for a clerk's hearing.  If charged and convicted, Client would have faced deportation -- and he would not be able to obtain custody of his son.  Today, at the clerk magistrate's hearing, Attorney Yannetti once again exposes Client's wife as a liar.  Over the objection of her attorney and the police, the complaint does not issue against Client.  Result: Application for Complaint Dismissed.

Somerville District Court
Docket No. 1010-CR-0342
Client, a 41 year-old metalurgical engineer and Ph.D. student, was charged with Open and Gross Lewdness, a felony, as well as Lewd, Wanton and Lascivious Conduct.  An undergraduate student at his university reported to the police that she had witnessed Client masturbating in her presence in the "quiet study" area of the library.  Client, who was a permanent legal resident but faced deportation if convicted, hired Attorney Yannetti to fight the charges.  Client's career, education and future were all on the line.  Attorney Yannetti scheduled the case for a jury trial, which ends up lasting two full days.  During his cross-examination of the alleged victim, Attorney Yannetti succeeds in pointing out that several aspects of her version of events do not add up.  Today, the jury returns verdicts of not guilty on both counts.  Result: Not Guilty Verdicts after Jury Trial.

Boston Municipal Court
West Roxbury Division
Docket No. 1006-CR-2696
Client, a 27 year-old immigrant, was arrested for Assault and Battery and Indecent Assault and Battery, a felony.  Client and his roommate were not getting along.  One night, Client allegedly came home and urinated on his roommate while he was sleeping.  The roommate awoke and a fight ensued.  If convicted of a sex crime, Client would face certain deportation.  Client hired Attorney Yannetti, who negotiated with the roommate, his attorney and the prosecutor, while also consulting with Client's immigration attorney.  Today, the prosecutor agreed to recommend a dismissal of the indecent-assault-and-battery charge.  Client instead receives a CWOF (continued without a finding) and probation for the simple assault and battery charge.   Result: Sex Crime Dismissed, Client Avoids a Conviction Entirely.

Boston Municipal Court
West Roxbury Division
Clerk's Hearing
Client, a highly educated Canadian national working as a researcher at a prestigious Massachusetts University, is going through a bitter divorce.  His wife took out a restraining order against him and reported to the police that he had struck her.  As a result, the police applied for a criminal assault-and-battery complaint against Client.  Both Client's wife and her attorney desperately wanted the complaint to issue against Client, because a criminal conviction would ultimately lead to Client's deportation -- and he would lose any chance he had to obtain custody of their young son.  Today, at the clerk magistrate's hearing, Attorney Yannetti exposes Client's wife as a liar.  Over the objection of her attorney and the police, the complaint does not issue against Client.  Result: Application for Complaint Dismissed.

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 3 months.

March 23, 2010
Boston Municipal Court
Central Division
Docket No. 9301-CR-4483
Back in 2008, Client hired Attorney Yannetti to help him remove an old default warrant for his arrest.  Represented by another lawyer, Client pled guilty in 1993.  He was ordered to complete the alcohol education program, but he never did.  Instead, he left Massachusetts and remained in default with a warrant for his arrest for fifteen years.  On March 21, 2008, Attorney Yannetti persuaded a B.M.C. judge not to incarcerate Client for fleeing and failing to comply with his probation.  Instead, the judge gave Client another chance at completing the first-offender OUI program and placed him on probation for three years.  In 2010, Client re-hired Attorney Yannetti to ask the judge to shorten Client's probation by one year, so that Client could apply for citizenship.  Today, after producing proof that Client had been a model probationer, Attorney Yannetti persuades the judge to terminate Client's probation one year early.  Result: Probation Terminated One Year Early.

Lawrence District Court
Docket No. 0818-CR-4338
Client, a 26 year-old resident alien working for a software company, was arrested one night for Domestic Assault and Battery.  His wife called 911 and reported to the police that Client had struck her during an argument.  Client's wife also contended that Client had been abusive to her for seven years -- in fact, one time seriously injuring her eye.  She provided the prosecutor with photos of her damaged eye.  Client initially retained another lawyer who was unable to persuade the prosecutor to dismiss the case.  Client eventually hired Attorney Yannetti, who proceeded to conduct a thorough investigation.  Along the way, Attorney Yannetti persuaded the judge to order that records be produced by the Department of Children and Family Services -- over the objection of D.C.F.S. lawyers.  Those records provided evidence of inconsistent statements made by Client's wife.  Today, on the trial date, the prosecutor finally agrees to recommend pre-trial probation.  Client therefore admits to no wrongdoing and the case will be dismissed with no repercussions for Client's record.  Result: Case Dismissed.

March 9, 2010
Boston Municipal Court
Roxbury Division
Clerk's Hearing
Client, a 36 year-old immigrant working as a taxicab driver and hoping to become an American citizen, faced an application for a complaint alleging assault and battery and assault and battery by means of a dangerous weapon, a felony.  Client allegedly had a dispute with another taxicab driver in the parking lot of a restaurant.  The other man told the police that Client poured hot tea on him and punched him repeatedly.  Client hired Attorney Yannetti to represent him at the clerk magistrate's hearing.  Today, Attorney Yannetti spoke with the investigating police officer and persuaded him that no complaint should issue against Client.  Client never appears before a judge and this case will never appear on his criminal record. Result: Application for Complaint Dismissed.

Malden District Court
Docket No. 0950-CR-2776
Client, a Ph.D. student at a prestigious university, was in the U.S. on a student visa.  He was arrested one night for Domestic Assault and Battery after a witness had allegedly seen him standing over his wife in the hallway of their apartment building, yelling at her while she lied on floor with a bloody nose.  The eyewitness called 911, and when the police arrived, Client's wife pointed to Client and said, "He hit me! He hit me!"  Client told the police that he had an argument with his wife in their car and that he might have accidently shut the car door on her nose in an attempt to keep her in the vehicle.  The police inspected the car and saw no blood.  They also saw no blood leading from the car to the apartment building.  They did, however, see blood on the hallway wall, near the area where Client's wife had been lying on the floor.  If convicted, Client faced almost certain deportation and the ruin of his education and career.  Client hired Attorney Yannetti, who prepared an extensive motion in limine and accompanying memorandum of law, and scheduled the case for trial.  Today, after receiving Attorney Yannetti's motion and memorandum, the prosecutor finally agrees to recommend pre-trial probation for six months.  Attorney Yannetti asks the judge to instead impose pre-trial probation for only three months -- and the judge agrees.   Client therefore admits to no wrongdoing and -- as long as he successfully complies with the terms of his pre-trial probation -- the case will be dismissed with no repercussions for Client's record.  Client's visa will also be unaffected and he avoids deportation. Result: Case Dismissed.