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:
January 18, 2012
Wrentham District Court
Clerk's Hearing
Client, a 39 year-old professional, received a summons to appear in court for a hearing on whether she should be charged with two counts of Larceny over $250, a felony and/or one count of Larceny under $250, a misdemeanor. The police alleged that while shopping one day, Client had stolen several items of clothing from an upscale clothing store. Client hired the Yannetti Criminal Defense Law Firm to preserve her otherwise clean criminal record. 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 needs only to make restitution for the items allegedly taken and the application for complaint will be dismissed in three months without ever appearing on Client's record. Result: Application for Complaint Dismissed.January 12, 2012
Suffolk Superior Court
Docket No. 2011
Client, a 28 year-old real-estate professional, was arrested and charged with Conspiracy to Distribute Methamphetamine, a Class B Controlled Substance. I.C.E. and the Boston Police conducted a joint investigation and alleged that Client had received a FedEx package containing approximately 300 grams of "meth" at his home address. During the discovery phase of the case, the prosecutor produced a video that allegedly depicted Client at a FedEx facility in California, shipping the package to himself. Client faced a potential 20-year sentence in state prison. Over the course of several months, Attorney Greg L. Johnson investigated this case and negotiated with the prosecutor. Today, Attorney Johnson finally persuades the prosecutor to agree to a sentence of four years of probation. Result: Client Avoids Serving Any Time in State Prison and Receives Straight Probation.December 22, 2011
Milford District Court
Docket Nos. 0366-CR-0684 and 0366-CR-1003
Client, a 28 year-old Connecticut resident, contacted the Yannetti Criminal Defense Law Firm after learning that there were two seven-year-old warrants outstanding for his arrest in Massachusetts. Yannetti associate, Attorney Greg L. Johnson, investigated and discovered that the warrants were for probation violations for two Felony Larceny cases. Client allegedly failed to report to probation, as ordered, for several years. Client also owed more than $4,000.00 in restitution and court fees. Attorney Johnson then contacts and negotiates with the Milford District Court Probation Department. Today, at Client's default-removal and surrender hearing date, Attorney Johnson persuades Client's probation officer and the presiding judge to terminate Client's probation and discharge Client from any further obligations. Client faced no consequences for having been on the run and living out of state for seven years -- he only had to pay back the money he owed. Result: Warrant Recalled, Probation Terminated.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 21, 2011
October 21, 2011
Natick District Court
Clerk's Hearing
Client, a 46 year-old administrative assistant, was summonsed to court for a clerk magistrate's hearing to determine whether she would be charged with Larceny over $250, a felony. The police alleged that Client had attempted to leave a department store with several items of clothing without having paid for them. Store security personnel captured the alleged theft on video. Client hired the Yannetti Criminal Defense Law Firm to help her to avoid having a criminal record. 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 any impact on Client's record. Result: Application for Complaint 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.
Concord District Court
October 20 2011
Clerk's Hearing
Client, a 44 year-old homeowner, faced a potential complaint for Assault by Means of a Dangerous Weapon, a felony. The police alleged that Client had threatened a man and woman with a hammer when they drove onto a private road on her property. As someone who works with children and does charity work, Client could not afford to have an entry on her criminal record. To prevent that from happening, Client hired the Yannetti Criminal Defense Law Firm. Attorney Yannetti prepared the case for a clerk magistrate's hearing. Today at the hearing, Attorney Yannetti persuades the clerk magistrate that no probable cause existed for any crime. As a result, the complaint is dismissed today. Client will never have to appear before a judge and this case will never appear on her criminal record. Result: Application for Complaint Dismissed.
Newburyport District Court
Docket No. 1022-CR-1809
Client, a 36 year-old single mother, was charge with Identity Fraud, Improper Use of a Credit Card Over $250 and Larceny Over $250, all felonies. The police alleged that Client embezzled over $150,000 while she worked as a bookeeper for a local inn. Client hired Attorney Yannetti at an early juncture, before any charges issued. Attorney Yannetti immediately contacted the police and district attorney's office, to prevent Client from being arrested. As a result of Attorney Yannetti's advocacy, Client was instead allowed to voluntarily appear at the police station prior to her arraignment. Attorney Yannetti also persuaded the prosecutor not to indict the case and to instead leave the case in district court, where the penalties are less harsh. Still, the prosecutor made it clear from the outset that her recommendation would be for Client to be sentenced to prison. For over a year, Attorney Yannetti investigated this matter, eventually succeeding in persuading the prosecution that the actual amount of money taken was approximately $50,000. The prosecutor eventually agreed that if Client paid restitution for what she took, the prosecutor would recommend that Client be given a suspended sentence instead of having to serve time in prison. Today, Attorney Yannetti persuades the prosecutor and the judge to dismiss the identity fraud and improper use of credit card charges. Client only admits to the larceny charge. Most importantly, Attorney Yannetti persuades the judge to continue the case without a finding -- over the prosecutor's objection. As long as Client makes full restitution and refrains from getting arrested, this case will be dismissed in two years. Result: Identity Fraud and Credit Card Fraud Charges Dismissed, Client Avoids Prison Time and Avoids a Conviction on the Remaining Charge.October 12, 2011
October 6, 2011
Boston Municipal Court
Brighton Division
Clerk's Hearing
Client, an 18 year-old college freshman, faced a potential complaint for Possession of a False Motor Vehicle Document -- a felony -- and Minor in Possession of Alcohol. The police alleged that Client bought nearly a dozen 40 ounce bottles of beers for his friends and himself. When caught, he was found to be in possession of a false driver's license that he had allegedly purchased over the internet. Client's parents hired the Yannetti Criminal Defense Law Firm to represent Client at the clerk magistrate's hearing. At the hearing today, Attorney Yannetti persuades the police and the assistant clerk magistrate that no complaint should issue. As long as Client performs 30 hours of community service 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.
Cambridge District Court
Docket No. 1052-CR-2768
Client, a 36 year-old man on probation in Chicago for a fraud conviction, was arrested in Massachusetts for Larceny over $250.00, a felony. The police alleged that Client had falsely advertised for rent a non-existent apartment, received a check as a "security deposit," then fled with the money. If convicted in Massachusetts, Client faced a prison term in Chicago for having violated his probation there. With so much on the line, Client hired the Yannetti Criminal Defense Law Firm to represent him. Attorney Yannetti investigates this case for over one year, eventually scheduling it for trial. Today, Attorney Yannetti moves to dismiss the case and that motion is granted by the judge. Result: Case Dismissed.
September 14, 2011
Barnstable Superior Court
Docket No. 09-067-001
Client, a 67 year-old retired man, was indicted for Indecent Assault and Battery on a Child under 14, a felony. Client's 7 year-old step-grandson reported to his mother that Client had improperly touched his penis while the boy was staying at Client's home during the summer. Client hired the Yannetti Criminal Defense Law Firm shortly after his arrest. Attorney Yannetti spends nearly three years investigating this case and preparing it for trial. In the process, he uncovered exculpatory evidence that essentially disproved the forensic examination that had been performed on the boy. Today, on the trial date, the prosecutor agrees to reduce the sexual felony charge to a misdemeanor, non-sexual charge -- simple assault and battery. The prosecutor further agrees to recommend no jail time. Result: Sex Crime Dismissed, Felony Dismissed, Client Only Admits to Misdemeanor Assault and Battery and Receives Two Years Probation.September 6, 2011
Boston Municipal Court
East Boston Division
Docket No. 1005-CR-0660
Client, a 61 year-old business owner, was arrested for Domestic Assault and Battery and Assault and Battery by Means of a Dangerous Weapon, a felony. The police alleged that Client had struck and spit upon her husband. Client hired the Yannetti Criminal Defense Law Firm to represent her. Client's husband moved forward with a divorce and advocated for Client to be prosecuted. Yannetti associate Greg L. Johnson, however, investigated this case and unearthed exculpatory evidence suggesting that Client's husband was attempting to use the criminal justice system to gain leverage in the divorce. Today, the prosecutor agrees to file a "Nolle Prosequi" over the objections of Client's husband. This means that the case is dismissed and Client will not have to face trial. Result: Case Dismissed.August 26, 2011
Essex Superior Court and Lynn District Court
Docket Nos. 2010-1090 and 1113-CR-0521
Client, a 42 year-old man with a criminal history, was represented by another law firm in 2010 when he pled guilty to Distribution of Counterfeit Goods in Essex Superior Court. In February 2011, while on probation for that offense, he was arrested and charged with Narcotics Distribution, Possession with Intent to Distribute and three School-Zone Violations. A judge in the Lynn District Court imposed a high bail on these new charges and detained Client for a month in jail. Client's family then hired the Yannetti Criminal Defense Law Firm to represent him. Attorney Greg L. Johnson took charge of the both the new case (for which Client faced several minimum-mandatory sentences) and the old case (for which Client was issued a probation surrender notice). Today, at the probation surrender hearing, Client faced a potential five-year state prison sentence. Attorney Johnson, however, persuaded the judge to reject the recommendation of the probation department and instead sentence Client to only 18 months in the house of correction. Attorney Johnson then persuaded the prosecutor in Lynn District Court to dismiss the school-zone and drug distribution charges, so Client did not receive any extra prison time for the new charges. Result: Five of Seven Charges -- including School-Zone Violations -- Dismissed, Client Serves Minimal Time for Probation Violation and No Extra Time for New Charges.June 21, 2011
Malden District Court
Docket Nos. 1050-CR-0497 and 1050-CR-1424
Client, a 40 year-old mechanic, was arrested for Assault by Means of a Dangerous Weapon, a felony, and Malicious Destruction of a Motor Vehicle, another felony. The police alleged that he used a shovel to smash the car window of someone who was revving tires at his auto shop. Client admitted to the police that he had broken the window. Client hired Attorney Yannetti to represent him. After being released on bail, Client was rearrested for Operating under the Influence of Alcohol (OUI/DUI). In that new case, Client alleged told the arresting officer to "F--- off." Attorney Yannetti first prevented his bail from being revoked on the pending felony charges, despite the fact that Client has a lengthy record of prior convictions. Attorney Yannetti then investigated both cases over the course of several months. Today, Attorney Yannetti persuades the prosecutor to dismiss the Assault by Means of a Dangerous Weapon charge. He also persuades the prosecutor to reduce the remaining felony charge to Malicious Destruction under $250.00, a misdemeanor. Then, over the prosecutor's objection, Attorney Yannetti persuades the judge to continue both cases without a finding for a year. Client will need to attend the alcohol education program and anger management counseling, but these cases will be dismissed in one year if he successfully completes his probation. Result: One Felony Charge Dismissed, the Other Felony Charge is Reduced to a Misdemeanor and Client Avoids a Conviction on All Charges.May 16, 2011
Concord District Court
Docket Nos. 1147-CR-0625, 0627, 0629 and 0630
Clients, four college-bound high school seniors, were arrested for breaking into a local church at midnight. All four Clients were held in the police station overnight and charged with Breaking and Entering in the Nighttime with the Intent to Commit a Felony. The parents of all four Clients acted quickly to hire the Yannetti Criminal Defense Law Firm. Today, on the scheduled arraignment date, Attorney Greg Johnson persuades the prosecutor to reduce the charge from a felony to simple trespassing, a misdemeanor. Further, all cases are dismissed prior to arraignment. Clients only need to complete forty hours of community service and draft letters of apology and these cases will never appear on their criminal records. Result: Case 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 paraphernalia. 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.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 4, 2011
Gardner District Court
Docket No. 1163-CR-0209
Client, a 17 year-old high school junior, was arrested for Larceny over $250.00, a felony, as a result of allegedly having stolen a valuable snowboard at a local ski mountain. Client allegedly gave a full confession to the police in the immediate aftermath of the crime. Client's family hired the Yannetti Criminal Defense Law Firm to represent him. In the days leading up to Client's arraignment, Attorney Greg Johnson contacted the prosecutor to advocate on behalf of his Client. Today, on the scheduled arraignment date, Attorney Johnson persuades the prosecutor to dismiss the case prior to arraignment. Client only needs to complete twenty hours of community service and this case will never appear on his criminal record. Result: Case Dismissed.March 21, 2011
Middlesex Superior Court
Docket No. 2008-1160
Client, a 29 year-old immigrant from Africa, was indicted for four counts of Aggravated Rape, three counts of Indecent Assault and Battery and one count of Kidnapping. The prosecution alleged that Client and his roommate held a young woman against her will in their apartment and took turns raping her. When she eventually was freed, she went straight to the police. Client was arrested that day. If convicted, Client faced a lengthy state-prison sentence and certain deportation. Over the course of two years, Attorney Yannetti investigated this matter and prepared the case for trial. During the course of his investigation, Attorney Yannetti uncovered exculpatory evidence -- including (1) inconsistencies in the young woman's story; and (2) DNA evidence suggesting that Client was not a participant in any rape. Today, on the trial date, the prosecutor agrees to file a "nolle prosequi" on all indictments. That means that the trial does not go forward, the case is effectively dismissed and Client is released from further court appearances. Result: Case Dismissed.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.February 17, 2011
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.Febuary 15, 2011
Boston Municipal Court
Brighton Division
Docket No. 0908-CR-1634
Client, a 30 year-old truckdriver, was originally charged with Trafficking in Cocaine, which carries a minimum, mandatory sentence of three years in state prison. He also faced a school-zone charge, which carries a minimum, mandatory additional penalty of two years in the house of correction. The police allegedly witnessed Client engage in a street-level sale of cocaine. They then took Client back to his apartment, where they conducted a search and found over 19 grams of cocaine, packaging material, 55 pills with no accompanying prescription and U.S. currency. At an early juncture, Client hired Attorney Yannetti, who persuaded the district attorney's office not to indict Client and to instead leave the case in the Brighton Division of the Boston Municipal Court. As a result, the lead charge was reduced to Possession of a Class B Controlled Substance with Intent to Distribute. For over a year after that, Attorney Yannetti investigates this matter and prepares his defense. Today, when the case was scheduled for a hearing on a defense motion to suppress, Attorney Yannetti persuades the prosecutor to drop every charge, including the school zone charge, except for the possession-with-intent charge. Attorney Yannetti also persuades the prosecutor to recommend a sentence of probation for six-months. Result: Trafficking Charge Dismissed, School-Zone Charge Dismissed, Client Avoids Serving Any Time in the Prison.February 10, 2011
February 1, 2011
Salem District Court
Docket No. 1036-CR-1868
Client, a 29 year-old project manager for a nursing home, was allegedly caught filling multiple photocopied prescriptions for narcotics at CVS Pharmacies. As a result, he faced two counts of Uttering a False Prescription and two counts of Forgery. Client hired Attorney Yannetti with the goal of avoiding any felony convictions. Over the course of seven months, Attorney Yannetti investigates and prepares this case for disposition. Within days of the hearing date for a motion to suppress, Attorney Greg L. Johnson -- a Yannetti associate -- persuades the prosecutor to recommend pre-trial probation. As a result, Client is not forced to admit to sufficient facts and instead retains the presumption of innocence. Today, the judge agrees to impose pre-trial probation for one year, with the stipulation that Client remain drug and alcohol-free and continue with his treatment. Result: Case Dismissed.
Ayer District Court
Docket No. 0948-CR-0976
Client, an ex-NFL football player, was originally charged with Armed Assault with Intent to Murder. Client allegedly punched and stomped a house guest after they had been drinking and watching a UFC contest on pay-per-view. As a result, the house guest allegedly suffered a broken orbital bone and faced permanent vision problems. At an early juncture, Client hired Attorney Yannetti, who persuaded the district attorney's office not to indict Client and instead to leave the case in Ayer District Court. As a result, the charge was reduced to Aggravated Assault and Battery. For well over a year after that, Attorney Yannetti investigated the case and prepared a defense. In addition, Attorney Yannetti negotiated a civil settlement with the alleged victim and his attorney. Today, Attorney Yannetti persuades the judge to dismiss the complaint. Client avoids any conviction. Result: Case Dismissed.January 27, 2011
Waltham District Court
Docket No. 1051-CR-1250
Client, a 43 year-old IT professional, was allegedly caught by his roommate masturbating in their driveway, in full view of two young girls. As a result, Client was charged with Open and Gross Lewdness, a felony. Client gave a full, videotaped confession to the police. When Client discovered that the prosecutor was seeking to sentence him to the house of correction for a year, Client hired Attorney Yannetti. Over the course of several months, Client followed Attorney Yannetti's advice to get into a sex-offender-specific counseling. Attorney Yannetti the prepared a powerful sentencing argument in his defense. Today, Attorney Yannetti persuades the judge to continue the case without a finding, over the prosecutor's strenuous objection. Client only needs to complete further sex-offender treatment and this case will be dismissed. Result: Case Continued without a Finding over the Prosecutor's Objection, Client Avoids a Conviction and Avoids a Lengthy Prison Sentence.January 21, 2011
December 17, 2010
Worcester Superior Court
Docket No. 2007-2449
Client, a 24 year-old rap singer, was indicted for Rape. He had traveled to Worcester with a friend and a female who was fan of his music. At a motel, Client allegedly forced the young woman to give him oral sex, then penetrated her vagina with his penis and also a telephone receiver. When the police investigated, they found photos on his friend's cell phone camera which featured the young woman naked and Client holding a telephone to her vagina. Client maintained that the sex was consensual and hired Attorney Yannetti to represent him. Attorney Yannetti fought this case for nearly four years, by filing extensive motions for discovery which ultimately produced exculpatory evidence. Today, three days before the trial date, the prosecutor agreed to reduce the charge to simple assault and battery and recommend a sentence of probation for one year. Client therefore avoids any sex-crime convictions avoids a prison sentence entirely. Result: Rape Charge Dismissed, Client Only Pleads to Misdemeanor Assault and Battery and Receives Probation for One Year.
Boston Municipal Court
November 15, 2010
Central Division
Docket No. 0801-JC-1148-2
This was a terrific win for my office and a great way to end the year. When he was arrested two years ago, Client was a 26 year-old student at a prestigious university, working nights at a sports club in Boston as a doorman. Client had moved up to Massachusetts from Missouri a few months beforehand, taking with him his handgun that he always kept in his home. Unfortunately, Client did not properly investigate the gun licensing laws in Massachusetts. When a co-worker found the gun in Client's coat at work, Client was arrested for Carrying a Firearm without a License -- a charge which carries upon conviction a minimum, mandatory 18 month house-of-correction sentence. Client was also charged with Unlawful Possession of Ammunition. Client hired Attorney Yannetti. Over the course of two years, Attorney Yannetti filed several motions which resulted in the production of evidence that was helpful to Client's case. Still, the police testified at trial that Client admitted that the coat was his and that he knew the gun was in the coat. Further, Client's fingerprint was found on the gun. Today, after a three-day trial, Client was acquitted of both charges. Result: Not Guilty Verdict after Jury Trial.
Norfolk Superior Court
Docket No. 2008-0542
Client was charged with Trafficking in Cocaine over 28 Grams and 15 counts of Illegal Possession of a Firearm. The police alleged that they executed a search warrant at Client's home and found a large amount of cocaine -- much of which was packaged for individual sale, as well as large collection of guns. Client initially hired another attorney, who filed a pre-trial motion to dismiss the cocaine trafficking indictment. After Client's first attorney lost that motion, Client hired Attorney Yannetti. Attorney Yannetti conducts a further investigation and uncovers evidence that the police misled the grand jury during crucial testimony. As a result, Attorney Yannetti files his own motion to dismiss. Today, a Norfolk Superior Court judge allows the motion to dismiss the cocaine trafficking indictment -- which reduces that charge to possession of cocaine with intent to distribute. Whereas the trafficking charge carries a minimum mandatory sentence of 5 years in state prison, the reduced charge carries no mandatory jail sentence. As a result, Client elects to plead guilty to possession with intent to distribute. The prosecutor recommends that he serve one year in prison, but Attorney Yannetti persuades the judge to instead impose three years of probation. Client only needs to refrain from using drugs and he will escape a jail sentence completely. In addition, Attorney Yannetti persuades the prosecutor and judge to dismiss 11 of the 15 firearms charges. Result: Motion to Dismiss the Trafficking in Cocaine Indictment Allowed, Client Avoids Minimum Mandatory 5-Year State Prison Sentence and Instead Receives Probation.October 27, 2010
Quincy District Court
Docket No. 1056-CR-4431
In a case that generated a lot of publicity, Client, a 23 year-old man, was charged with multiple counts of Armed Robbery and Kidnapping. The police alleged that Client had placed an advertisement on Craig's List, then robbed the buyers at gunpoint when they arrived at an agreed-upon location. When Client's father hired Attorney Yannetti, Client was being held in custody in lieu of $10,000 cash bail. When Attorney Yannetti appeared for Client's arraignment, the prosecutor asked the judge to increase Client's bail to $100,000. Instead, Attorney Yannetti persuaded the judge to reduce Client's bail to $7,500. Client posted that bail shortly thereafter and returned home to his father. Over the next two months, Attorney Yannetti presented exculpatory information to the prosecutor, to show that this case was not what it first appeared to be. Today, when the case was scheduled for a probable cause hearing, Attorney Yannetti persuades the prosecutor and the judge to dismiss all charges. Result: Case Dismissed.September 8, 2010
Malden District Court
Docket No. 0950-CR-3217
Client, a 55 year-old surgeon, was charged with Domestic Assault and Battery and Assault and Battery by Means of a Dangerous Weapon. Client's wife had called 911 one night after sustaining an injury to the back of her head. When the police arrived at the home, Client allegedly admitted that he had pushed his wife during an argument and that she had struck her head against the corner of a wooden cabinet in the kitchen. Client's wife's head wound was bleeding profusely and the police took photographs. Client initially hired another attorney, who assured Client that the case would be dismissed. On the trial date, however, the prosecutor refused to dismiss the case and insisted on taking the case to trial based upon Client's wife's injuries and Client's confession. Client's original attorney told Client that they needed to go to trial that day, but they were completely unprepared, as the attorney had not interviewed Client or his wife and had not properly prepared either of them to testify. Client elects to ask for a continuance and hire Attorney Yannetti instead. Attorney Yannetti prepares the case for trial. Client and his wife meet with Attorney Yannetti at his office several times. Attorney Yannetti prepares extensive motions in limine. Today, on the next trial date, the prosecutor changes his mind about going forward after Attorney Yannetti answers "ready for trial." The prosecutor -- this time -- files a nolle prosequi, which effectively dismisses the case. Result: Case Dismissed.September 3, 2010
Leominster District Court
Docket No. 1061-CR-1095
Client, a 42 year-old consultant, discovered that a woman whom he had met online reported to the police that he had raped her. Client hired Attorney Yannetti, who conducted an independent investigation. The police went forward with the complaint and Client was summonsed to court for his arraignment on a complaint alleging Rape. Attorney Yannetti contacted the district attorney's office in advance of the arraignment date. The prosecutor agreed to forward a copy of the police report to Attorney Yannetti, who then pointed out the weaknesses in the Commonwealth's case -- as well as the exculpatory evidence Attorney Yannetti had uncovered. Today, at Client's scheduled arraignment date, Attorney Yannetti persuades the prosecutor to dismiss the complaint prior to arraignment, so that no prosecution will occur. This charge will never appear on Client's criminal record. Result: Rape Charge Dismissed Before Arraignment.September 2, 2010
August 11, 2010
Essex Superior Court
Docket No. 96-2976
Client, an immigrant and non-citizen, was indicted for Trafficking in Cocaine over 200 Grams in 1996. Represented by another lawyer, Client lost his motion to suppress evidence and faced a minimum, mandatory 15-year state prison sentence. As a scared 19 year-old, Client defaulted on his 1997 trial date and a warrant for his arrest remained outstanding for 12 years. In 2009, Client turned 31 years old and hired Attorney Yannetti to investigate this case and arrange for his surrender before the Court. Attorney Yannetti analyzes the clerk's file at the courthouse, then contacts the district attorney's office. Remarkably, the same prosecutor who was assigned to the case in 1997 is still with the DA's Office. That prosecutor investigates the state of his evidence and determines that the Commonwealth can still prove the case. Over the course of several months, Attorney Yannetti negotiates with the prosecutor and eventually arranges for Client to remove his default in October 2009. The warrant for his arrest is recalled and Client is released on bail and allowed to go back home to Virginia until this case is resolved. Over the course of the next 11 months, Attorney Yannetti uncovered substantial evidence that pointed to Client's father as the true culprit. As the trial date approached Attorney Yannetti shared that evidence with the district attorney's office. Eventually, the prosecutor agreed to reduce the charge from Trafficking in Cocaine over 200 grams down to simple Possession of Cocaine, a misdemeanor. Instead of a 15-year minimum-mandatory state-prison sentence, the prosecutor agreed to recommend a sentence of 364 days in the House of Correction. Given that Client had been held in custody for about four months in 1996 -- and given that Client will be eligible for parole after serving half of his sentence, Client may make parole in as few as three months. In addition, Attorney Yannetti worked in conjunction with Client's immigration attorney to find an acceptable disposition that might allow Client to escape deportation and remain in this country with the rest of his family. Result: 15-year felony charge reduced to simple misdemeanor, Immigration consequences of conviction reduced, Client potentially eligible for parole in three months.
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 student 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 Attorney 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 not to go forward with a prosecution on 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 (during which his co-defendant was convicted of both counts), Client walks from court a free man. Result: Not Guilty Verdicts after a Jury Trial. Client is Acquitted of Both Indictments and Leaves for Canada to Go Home.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 summoned 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, which means that Client does not admit to any crime and the case ultimately is dismissed with no repercussions for Client's record. Result: Case Dismissed.
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