Massachusetts College Student Criminal Defense Lawyer
Boston Attorney for Court and University Hearings after Alcohol or Drug Charges or Other Crimes
Massachusetts is well known as the home to many highly regarded colleges and universities. Boston University (B.U.), Boston College (B.C.), Northeastern University, Harvard University, Massachusetts Institute of Technology (M.I.T.), Suffolk University and others draw students from all over the country and all over the world. With many young men and women away from home for the first time, it's not surprising that trouble can sometimes follow.
Most college students do not realize that the Massachusetts Criminal Justice System recognizes the principle of "joint venture." That means that if you are present at the scene of a crime, share the intent for the crime, and either help out in some way or stand ready to help, then you are considered just as guilty as the person who actually committed the crime. For example, in an armed robbery case which resulted in one of the robbers shooting and killing a store owner, the shooter would be guilty of first-degree murder. His unarmed cohort in the store (who never harmed anyone) is also guilty of first-degree murder. And the get-away driver who never entered the store is also guilty of first-degree murder.
The law of joint venture applies with equal force to the lesser crimes that college students tend to face. "Keeping a Disorderly House," for example, is a charge that many students face as a result of hosting a loud party. The police oftentimes make large-scale arrests in these cases without first sorting out who was in fact responsible. Some students face the charge of "Minor in Possession of Alcohol" because one of their friends in the same car was caught with a beer in his or her hand. The same principle also applies to drug possession and/or distribution charges -- and most other crimes.
Guilt by association is too often a reality when the police are trying to decide whom to arrest.
The Yannetti Criminal Defense Law Firm has been helping college students and their families through these difficult cases for over 12 years. We regularly receive frantic phone calls from parents all over the country, seeking excellent representation for their sons and daughters who find themselves in trouble. We are usually able to calm fears while mapping out our strategy to parents and students. We are proud of our record in these matters. You cannot hire a better team of lawyers with experience and expertise in bringing these cases to a successful conclusion.
Criminal charges against college students obviously must be handled with careful attention to both the criminal proceedings and any disciplinary proceedings at the university. It takes special care to protect the student's constitutional rights in the criminal court, while still making a satisfactory response to the college's disciplinary board. Criminal defendants have the constitutional right to remain silent and not incriminate themselves. Often, however, the student must respond to school disciplinary proceedings while the criminal case is still proceeding. This can create a major problem.
Boston Criminal Defense Attorney David Yannetti is sensitive to the special needs of college students charged with criminal offenses. He devotes a significant part of his law practice to college-student criminal defense. As part of his regular practice, he not only provides top-notch representation in criminal proceedings; he also advises college students how to handle proceedings before the disciplinary boards at their colleges and universities.
College Student Criminal Defense: Preventing Criminal Convictions
A criminal conviction has a negative impact on anyone's life. For college students, however, the consequences can be especially severe. A criminal record puts a college student at a disadvantage compared to his or her peers when seeking employment during and after college, for example.
When working in college student criminal defense, Attorney Yannetti focuses his defense on the goal of keeping his clients' criminal records clean. In all cases, he works with skill and dedication to minimize the negative consequences. Attorney Yannetti is qualified to handle college student criminal defense in all manner of felony and misdemeanor proceedings, including:
Attorney Yannetti works with students from all Boston-area colleges and universities, as well as those schools north (e.g., University of Massachusetts in Lowell) and west (Worcester Polytechnic Institute -- "W.P.I.") of the city.
Free Phone Consultation: Contact Boston college student criminal defense lawyer David Yannetti.
Recent Cases involving the Defense of College Students:
December 21, 2011
Concord District Court
Docket Nos. 1047-CR-1333 and 1334
Clients, two 18 year-old college freshmen, were arrested in 2010 for Breaking and Entering in the Nighttime with Intent to Commit a Felony. Clients' families both hired Attorney Yannetti, who, on September 2, 2010, successfully persuaded the prosecutor and the judge to dismiss the felony charge prior to arraignment. Instead, each Client was arraigned on a simple Trespassing charge -- a misdemeanor. The Trespassing charges were then dismissed after Clients agreed to perform some community service. In 2011, Clients' parents then re-hired the Yannetti Criminal Defense Firm to petition the court to permanently seal all records so that these charges will no longer appear on the CORI of either Client. Today, Attorney Yannetti persuades the judge to seal the cases. As a result, by statute, both Clients can now truthfully state for all purposes that they have never been arrested or charged with any crime. Result: Two Cases Permanently Sealed.
November 17, 2011
Boston Municipal Court
Dorchester Division
Docket No. 1107-CR-2308
Client, a 28 year-old foreign university student, 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 4, 2011
Cambridge District Court
Docket No. 1052-CR-0112
Client, an 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.
November 4, 2011
Cambridge District Court
Docket No. 1052-CR-1757
Client, an 18 year-old college student, was charged with Breaking and Entering into a Motor Vehicle with Intent to Commit a Felony and two counts of Malicious Damage to a Motor Vehicle. The police alleged that Client and a friend broke into two cars and stole money from each of them. Both youths were apprehended and identified shortly after the break-ins. Client's family retained the Yannetti Criminal Defense Law Firm to represent him. For over a year, Attorney Yannetti negotiates with the prosecution to try to avoid having a conviction enter on Client's record. After having been rebuffed by more than one assigned prosecutor, Attorney Yannetti files a motion to suppress to fight the case. Today, at the scheduled hearing date for the motion to suppress, the prosecution finally relents and agrees to place Client on pre-trial probation for one year. Client admits to no wrongdoing. As long as Client performs fifty hours of community service, these felonies will never appear on Client's criminal record. Result: 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 24 2011
Concord District Court
Docket No. 1147-CR-1000
Client, a 19 year-old college student, faced an arraignment for Operating a Motor Vehicle with a Suspended License, a misdemeanor. Client's family retained the Yannetti Criminal Defense Law Firm to represent him. Today, Yannetti associate, Attorney Greg L. Johnson, persuades the judge and prosecutor to dismiss the charge prior to arraignment. As long as Client attends a one-day driver's safety class, no criminal charge will appear on Client's criminal record. Result: Case Dismissed Prior to Arraignment.
October 12, 2011
Woburn District Court
Clerk's Hearing
Client, a professional attending college classes at night to obtain her degree, faced a potential criminal complaint for Larceny over $250.00, a felony. The police alleged that Client participated in a large-scale shoplifting conspiracy at a retail clothing store. Clothing store loss-prevention personnel aggressively investigated this matter. They were eager to prosecute Client for having helped in the theft of thousands of dollars of merchandise. Client hired the Yannetti Criminal Defense Law Firm to preserve her clean criminal record. At the clerk magistrate's hearing today, Attorney Greg L. Johnson conducted a lengthy negotiation with loss-prevention personnel. Attorney Johnson then persuades the assistant clerk magistrate no complaint should issue. Client never appears before a judge and this case will never appear on her criminal record. Result: Application for Complaint Dismissed.
September 29, 2011
Boston Municipal Court
Brighton Division
Clerk's Hearing
Client, a 20 year-old college student, faced a potential complaint for Attempted Breaking and Entering into a Dwelling. The police alleged that Client opened the window of an apartment in his neighborhood in an attempt to enter and steal alcohol from the occupants. When confronted, Client confessed. Client's parents hired the Yannetti Criminal Defense Law Firm to represent Client at the clerk magistrate's hearing. Today, Attorney Yannetti persuades the police and the clerk magistrate that no complaint should issue. As long as Client remains alcohol-free for the rest of the school and refrains from getting arrested again, he will never have to appear before a judge and this case will never appear on his criminal record. Result: Application for Complaint Dismissed.
September 28, 2011
Boston Municipal Court
Brighton Division
Clerk's Hearing
Client, a 19 year-old college student, faced a potential complaint for Keeping a Disorderly House. The police alleged that Client and his friends hosted a loud party in an unruly neighborhood in Allston, two days before the school year was to begin. The police explained that they were trying to send a message to all of the students who lived in that area. Client's parents hired the Yannetti Criminal Defense Law Firm to represent Client at the clerk magistrate's hearing. Today, Attorney Yannetti persuades the police and the clerk magistrate that no complaint should issue. As long as Client performs 30 hours of community service, he will never have to appear before a judge and this case will never appear on his criminal record. Result: Application for Complaint Dismissed.
September 22, 2011
Dedham District Court
Docket No. 1154-CR-1332
Client, a 19 year-old college student, was charged with Operating an Uninsured Motor Vehicle, a misdemeanor. Client's family retained the Yannetti Criminal Defense Law Firm to represent him at his scheduled arraignment. Today, Yannetti associate, Attorney Greg L. Johnson, persuades the judge and prosecutor to dismiss all charges prior to arraignment. As long as Client performs sixteen hours of community service, these criminal charges will never appear on Client's criminal record. Result: Case Dismissed Prior to Arraignment.
July 29, 2011
Lawrence District Court
Docket Nos. 0418-CR-6028, 6030, 6031, 0518-619,399, 5229 and 0618-1265
Client, a university student hoping to begin a career in finance, hired the Yannetti Criminal Defense Law Firm to seal several charges on his criminal record stemming from cases in the Lawrence District Court. Today, Yannetti Attorney Greg L. Johnson -- a former prosecutor in Lawrence -- persuades the judge to seal all of Client's criminal cases. As a result, Client can now answer on any job application that he was never arrested or charged with those crimes. Result: Cases Permanently Sealed.
July 26, 2011
Boston Municipal Court
West Roxbury Division
Clerk's Hearing
Client, a 23 year-old recent college graduate, faced a potential criminal complaint for Possession of a Class A Controlled Substance (oxycontin). The police alleged that Client had entered and quickly departed a known "drug house," leading to the police seizing pills from him while he stood outside the drug house. If the complaint issued against him, Client would lose a promising engineering position for which he was undergoing a thorough background check. Client hired the Yannetti Criminal Defense Law Firm to represent him. Today, at the clerk magistrate's hearing, Attorney Greg L. Johnson convinced the assistant clerk magistrate to deny the police application for a criminal complaint. Client never appears before a judge and maintains a clean CORI. Result: Application for Complaint Dismissed.
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.
June 30, 2011
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a 19 year-old college freshman, faced a potential complaint for Minor in Possession of Alcohol. Client and three friends bought alcohol from a package store using a false identification card -- while under police surveilleance. If the complaint were to issue, Client faced the prospect of having an entry on his criminal record when ultimately applying for a job or graduate school. Client's parents hired the Yannetti Criminal Defense Law Firm to represent him. Today, at the clerk's hearing, Attorney Greg L. Johnson persuades the police and assistant clerk magistrate that no complaint should issue. As a result, Client never appears before a judge and this case will never appear on Client's otherwise clean criminal record. Result: Application for Complaint Dismissed.
May 13, 2011
Boston Municipal Court
Roxbury Division
Docket No. 1002-CR-0255 through 1002-CR-0260
Client, a 21 year-old university senior, was arrested for multiple counts of Breaking and Entering at Nighttime with Intent to Commit a Felony, Larceny over $250.00, Larceny in a Building and Illegal Possession of a Class B, C and E Controlled Substances. The police alleged that Client had: (1) broken into the university mailroom and stolen laptops and other items; and (2) broken into fellow students' dorm rooms and stolen an iPod, jewelry and other items. When the police searched his dorm room, Client allegedly had marijuana grinders, a scale, 14 grams of mesembryanthemacaea, glassine bags and other narcotics paraphernelia. When confronted by the police, Client allegedly gave a full confession to all charges. In the aftermath of his arrest, Client's parents hired Attorney Yannetti to represent him. Over the course of several months, Attorney Yannetti investigated this case and advised Client to get treatment for mental health-related issues. Attorney Yannetti then negotiated with the prosecutor in an attempt to prevent any convictions for these serious felonies. Today, Attorney Yannetti persuades the prosecutor to recommend pre-trial probation on all charges. The judge agrees to impose pre-trial probation. As a result, Client is not forced to admit to sufficient facts, still retains the presumption of innocence and will have his case dismissed in one year. Result: Case Dismissed.
May 2, 2011
Newton District Court
Docket No. 1112-CR-0075
Client, an 18 year-old college freshman, was arrested for Assault and Battery upon a Police Officer, Resisting Arrest and Disorderly Conduct. The police alleged that Client was highly intoxicated when they arrived at his dorm room. Client allegedly swore at the police, slammed the door on them and struggled while they were trying to arrest him. Client's parents hired Attorney Yannetti. Today, Attorney Yannetti persuades the prosecutor to recommend pre-trial probation on the charges. The judge agrees to impose pre-trial probation. As a result, Client is not forced to admit to sufficient facts, still retains the presumption of innocence and will have his case dismissed in six months. Result: Case Dismissed.
April 28, 2011
Boston Municipal Court
Brighton Division
Docket No. 1108-CR-0412
Client, a 21 year-old college senior, was arrested for two counts of Entering at Nighttime with Intent to Commit a Felony and Putting a Person in Fear, and one count of Larceny over $250.00, all serious felonies. The prosecution alleged that Client and a group of other students entered the dormitory rooms of some female students at night and stole multiple items from them, including a television set. Client's parents hired Attorney Yannetti over the weekend before Client's arraignment. On March 28, 2011, Attorney Yannetti was able to persuade the police, the prosecutor and the judge not to arraign Client and to instead postpone the arraignment until today. The goal was to explore a resolution that would allow Client to avoid having felony charges on his record. Today, Attorney Yannetti persuades the prosecutor to reduce all three felony charges to misdemeanors -- and then to recommend pre-trial probation on the reduced charges. The judge agrees to impose pre-trial probation. As a result, Client is not forced to admit to sufficient facts, still retains the presumption of innocence and will have his case dismissed in one year. Result: Client Avoids Arraignment on Felony Charges and Case is Dismissed.
April 26, 2010
Cambridge District Court
Clerk's Hearing
Client, a 23-year-old Ph.D. student at a prestigious university, faced a potential complaint of Shoplifting after she was stopped leaving a clothing store with unpaid items. She allegedly gave a full confession to the police. She hired Attorney Yannetti to represent her at the clerk's hearing. Today, Attorney Yannetti persuades the police and the clerk magistrate that no complaint should issue against Client. As a result, she never appears before a judge and this case will never appear on her criminal record. Result: Application for Complaint Dismissed.
April 19, 2010
Boston Municipal Court
Roxbury Division
Clerk's Hearing
Client, a 20-year-old journalism major in college, faced a potential charge of Malicious Destruction of Property. The police alleged that after he had come home drunk one night, he punched and broke several light fixtures in his dormitory. He gave a full confession to the police, who applied for a criminal complaint against him. Client's family hired Attorney Yannetti, who prepares the case for a clerk magistrate's hearing. Today, at the clerk's hearing, Attorney Yannetti persuades the police and clerk magistrate that no complaint should issue against Client. As a result, he never appears before a judge and this case will never appear on his criminal record. Result: Application for Complaint Dismissed.
April 5, 2011
Cambridge District Court
Docket No. 1052-CR-0618
Client, a 27 year-old community-college student, was arrested for Assault and Battery on a Police Officer, Assault and Battery, Resisting Arrest, Carrying a Dangerous Weapon and Disorderly Conduct. The prosecution alleged that in the early morning hours in the parking lot of a restaurant, Client struck another man during an argument. When a police officer, on a detail, attempted to intervene, Client alleged struggled with the officer, ripped the badge off his uniform and struck the officer in the face. When the police arrested him, Client allegedly had a knife in his pocket. Client hired Attorney Yannetti, who investigates the case over the course of several months and schedules the case for trial. Today, Attorney Yannetti persuades the judge to find Client not guilty on the two most serious charges -- A&B and A.B.P.O. Attorney Yannetti further persuades the judge to de-criminalize the dangerous weapon and disorderly conduct charges, so Client is not convicted of those either. Client is given the opportunity to receive a continued-without-a-finding disposition on one charge only -- resisting arrest. Client takes that opportunity. Result: Not Guilty Verdicts After Trial on Both Assault and Battery Charges, No Convictions on the Remaining Charges.
March 16, 2011
Boston Municipal Court
Brighton Division
Docket No. 1108-CR-0220
Client, a 21 year-old college senior, was arrested for Breaking and Entering at Nighttime with Intent to Commit a Felony, Threats, and Disorderly Conduct. The prosecution alleged that after a heavy night of drinking, Client entered a female dormitory, pounded on dorm room door and threatened to hurt the occupants if they did not allow him to come inside. When the police arrived, Client was allegedly unruly and caused a commotion. Client's family hired Attorney Yannetti to represent him. Today, at his arraignment date, Attorney Yannetti persuades the prosecutor and the judge that Client should not be arraigned at all on the B&E and threats charges. Consequently, those two serious charges will not appear on Client's criminal record. On the disorderly conduct charge, Client receives a continued-without-a-finding disposition. As long as he remains drug-free and alcohol-free and completes 96 hours of community service, the case against him will be dismissed in one year. Result: Client Avoids Arraignment on Felony and Violent Charges, Client Avoids Conviction on Misdemeanor Charge.
February 18, 2011
Lawrence District Court
Docket No. 0818-CR-4338
Client, a 22 year-old college student, was allegedly caught stealing four laptops from his university. When confronted by the police, Client gave a full confession. Client hired Attorney Yannetti with the goal of avoiding any felony convictions. For over a year, Attorney Yannetti investigates and prepares this case for disposition. Today, Attorney persuades the prosecutor to recommend pre-trial probation. The judge agrees to impose pre-trial probation for three years, with the stipulation that Client must perform 100 hours of community service and make full restitution for the stolen laptops. As a result, Client is not forced to admit to sufficient facts, still retains the presumption of innocence and will have his case dismissed in three years. Result: Case Dismissed.
December 29, 2010
Boston Municipal Court
Central Division
Clerk's Hearing
Clients, two 19 year-old university students, were allegedly caught red-handed leaving a liquor store after having purchased alcohol with fake ID's. If complaints were to have issued against these young women, they would have entries on their CORI (Massachusetts criminal record). Both students hired Attorney Yannetti to represent them. Today, at the clerk magistrate's hearing, Attorney Yannetti persuades the police and the magistrate that no complaint should issue against either Client. Result: Application for Complaint Dismissed.
December 8, 2010
Boston Municipal Court
Brighton Division
Docket No. 0608-CR-1308
Client, a prospective medical student, initially hired Attorney Yannetti in 2006 to represent her on this Disturbing the Peace case. The police had been summoned to her apartment while she was in college in Boston to investigate a noisy college party. They arrested Client, but Attorney Yannetti succeeded in persuading the prosecutor and the judge to dismiss the case against her. Recently, while she was applying for medical school, Client re-hired Attorney Yannetti to seal this case in order to reduce the chances that it would appear in university background checks. Today, Attorney Yannetti persuades the judge to seal the criminal record of this case. Result: Case Permanently Sealed.
November 10, 2010
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a 22 year-old female university student, faced a potential charge of Assault and Battery. Client allegedly became very intoxicated one night when she got into a public dispute with two men in a hotel lobby. Client allegedly knocked one of the men off-balance on an escalator, causing him to fall down and suffer serious injuries. A hotel video camera captured the entire incident. Client's father hired Attorney Yannetti to try to keep this offense from appearing on Client's criminal record. At the initial clerk magistrate's hearing on September 29, 2010, Attorney Yannetti agreed with the police and the injured man's attorney to postpone the hearing in order to attempt to reach a civil settlement. Today, after an acceptable settlement had been reached, the police and the injured man agree to withdraw the complaint. Client never appears before a judge, so her criminal record remains clean. Result: Application for Complaint Withdrawn.
September 1, 2010
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a 23 year-old graduate student at an Ivy League university, faced a potential complaint for Assault and Disorderly Conduct. After having some drinks at a Boston bar with some friends, Client tried to take the last subway train home. After paying his fare, however, an MBTA employee told him he had missed the train. When Client asked for a refund of his fare, the MBTA employee refused. Client then allegedly spit at the MBTA employee and was rude to the responding police officer as well. Client hired Attorney Yannetti to represent him at the clerk's hearing. Today, Attorney Yannetti persuades the assistant clerk magistrate that no complaint should issue against Client. Client never appears before a judge and this case will never appear on his criminal record. Result: Application for Complaint Dismissed.
August 4, 2010
Boston Municipal Court
Roxbury Division
Docket No. 1002-CR-0457
Client, a 20 year-old university student studying to become a veterinarian, was charged with larceny over $250, a felony. Client allegedly found a fellow student's laptop in the bathroom at school, took it back to her dorm room, used it and did not return it. When confronted by the police, Client admitted her wrongdoing. Client hired Attorney Yannetti to preserve her clean criminal record. Today, on the third court date, Attorney Yannetti persuades both the prosecutor and the judge to dismiss the case. Result: Case Dismissed.
July 15, 2010
Brockton District Court
Clerk's Hearing
Client, a college student home for summer break, faced a charge of Misuse and/or Possession of a False ID card -- a felony. Client allegedly had in her possession a fake driver's license she had obtained over the internet. When she tried to gain admission to a bar, the doorman called over the police officer on detail, who barred Client from entering the establishment and summonsed her for a clerk's hearing. Client hired Attorney Yannetti. At the hearing today, Attorney Yannetti persuades both the clerk magistrate and the police department that no complaint should issue against Client. Instead, Client need only pay $200 in court costs and the application for complaint will be dismissed. Client never appears before a judge, so her criminal record remains clean. No future employer or graduate school will ever be able to find out about this incident. Result: Application for Complaint Dismissed.
June 24, 2010
Boston Municipal Court
Central Division
Docket Nos. 0901-CR-9104 and 0901-CR-9105
Client, a 19 year-old college student, was arrested for Assault and Possession of Class D Controlled Substance with Intent to Distribute. The allegations arose when his roommate called the police to report that Client had threatened to kill her. When the police arrived, they noticed several plastic bags containing marijuana in Client's bedroom. The police executed a search warrant and found numerous other instrumentalities used in the cultivation and distribution of marijuana, including boxes of liquid fertilizer. Client hired Attorney Yannetti, who investigated this case and prepared it for trial. Today, on the trial date, the prosecutor agrees to reduce the drug charge to simple possession marijuana -- for which Client receives a continued-without-a-finding disposition. On the assault charge, Attorney Yannetti persuades the prosecutor and judge to place Client on pre-trial probation. This charge will therefore be dismissed while Client is still presumed to be innocent. Result: Assault Charge Dismissed, Drug Distribution Charge Dismissed, Client Receives CWOF for Simple Marijuana Possession, and the Entire Case is Sealable.
June 22, 2010
Newton District Court
Clerk's Hearing
Client, a 23 year-old college student home for summer break, faced a charge of Providing Alcohol to Minors. Client allegedly bought a keg of beer and allowed several 19 year-old young women to drink at his house. Client hired Attorney Yannetti to represent him at the clerk's hearing. Today, Attorney Yannetti persuades both the clerk magistrate and the investigating police officer that no complaint should issue against Client. Instead, Client need only complete 32 hours of community service and the application for complaint will be dismissed. Client never appears before a judge and his criminal record remains clean. No future employer or graduate school will ever be able to find out about this incident. Result: Application for Complaint Dismissed.
May 11, 2010
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a 21 year-old college student, faced a potential complaint for Assault and Battery. Client was at a party at a friend's apartment when three other students tried to crash the party. Client ordered them to leave and allegedly got into an altercation with two of them. Client filed a complaint against one of those students, who in turn filed a cross-complaint against Client. Client hired Attorney Yannetti to represent him at the clerk's hearing. Today, Attorney Yannetti persuades the assistant clerk magistrate that no complaint should issue against Client. Further, Attorney Yannetti persuaded the clerk that Client was the true victim -- so a criminal complaint issues against the other student. Client never appears before a judge and this case will never appear on his criminal record. Result: Application for Complaint Dismissed.
March 23, 2010
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a 20 year-old college student, faced the prospect of having a criminal complaint issue against him, for being Minor in Possession of Alcohol. Client allegedly persuaded a waitress to serve him beer at a bar despite the fact that he was under aged. Client hired Attorney Yannetti. Today, at the clerk magistrate's hearing, Attorney Yannetti persuades both the police and the assistant clerk magistrate that no complaint should issue against Client. Client never appears before a judge and this case will never appear on her criminal record. Result: Application for Complaint Dismissed.
March 12, 2010
Boston Municipal Court
Central Division
Docket Nos. 0901-CR-1342 and -6488
Client, a 26 year-old graduate student, was arrested for Domestic Assault and Battery after his live-in girlfriend told the police that he had grabbed her by both wrists and shoved her into a wall. The police observed scratch marks and redness on his girlfriend's left wrist. They also saw damage to the wall and pieces of broken glass on the floor. As a result of finding a shotgun in Client's closet, the police also charged him with Unlawful Possession of a Firearm. Client hired Attorney Yannetti. After investigating this case, Attorney Yannetti filed a motion to suppress the shotgun from evidence, as well as a motion to suppress the statements that Client had made to the police. On January 21, 2010, after a full hearing, the judge allowed both motions to suppress. As a result, the prosecution was forced to dismiss the firearms charge. Today, when the domestic assault-and-battery charge was scheduled for trial, Attorney Yannetti persuades the judge to dismiss the entire case over the prosecutor's objection. Result: Case Dismissed.
February 16, 2010
Malden District Court
Docket No. 0950-CR-2776
Client, a Ph.D. student at a prestigious university, was in the U.S. on a student visa. He was arrested one night for Domestic Assault and Battery after a witness had allegedly seen him standing over his wife in the hallway of their apartment building, yelling at her while she lied on floor with a bloody nose. The eyewitness called 911, and when the police arrived, Client's wife pointed to Client and said, "He hit me! He hit me!" Client told the police that he had an argument with his wife in their car and that he might have accidently shut the car door on her nose in an attempt to keep her in the vehicle. The police inspected the car and saw no blood. They also saw no blood leading from the car to the apartment building. They did, however, see blood on the hallway wall, near the area where Client's wife had been lying on the floor. If convicted, Client faced almost certain deportation and the ruin of his education and career. Client hired Attorney Yannetti, who prepared an extensive motion in limine and accompanying memorandum of law, and scheduled the case for trial. Today, after receiving Attorney Yannetti's motion and memorandum, the prosecutor finally agrees to recommend pre-trial probation for six months. Attorney Yannetti asks the judge to instead impose pre-trial probation for only three months -- and the judge agrees. Client therefore admits to no wrongdoing and -- as long as he successfully complies with the terms of his pre-trial probation -- the case will be dismissed with no repercussions for Client's record. Client's visa will also be unaffected and he avoids deportation. Result: Case Dismissed.
January 22, 2010
Boston Municipal Court
Central Division
Docket No. 0901-CR-5711
Client, a 21 year-old college student, was charged with Affray and Disorderly Conduct as a result of allegedly have been part of a group of young men who beat up a homeless man. The prosecutor was eager to convict Client when the case first arrived on his desk in August. Today, after several months of investigation and negotiation, Attorney Yannetti persuades the prosecutor to recommend pre-trial probation. Client therefore admits to no wrongdoing and -- as long as he successfully complies with the terms of his pre-trial probation -- the case will be dismissed with no repercussions for Client's record. Result: Case Dismissed.