X

Massachusetts Criminal Case Wins 2015

At the Law offices of Russell Matson, we have been successfully helping people solve criminal legal issues for 20 years. Our criminal defense practice has a particular concentration in OUI defense, Clerk Magistrate’s Hearings, and criminal trials in all Massachusetts District Courts.

We help people avoid criminal penalties and issues associated with a conviction on your record.

This is an archive of some of our case wins from 2015. Many people find this specific examples of how we’ve helped others over the years as extremely helpful and hopeful that we can help them in a similar circumstances.

If you need help with a criminal charge or citation, call us for a free consultation.

December 2015

Charges: Negligent Operation

Plymouth District Court

Result: Dismissed after 6 months

Our client, a 19-year-old college student, was charged with negligent operation after speeding and rear-ending a vehicle on the highway late at night.

Attorney Bullen represented the client at a Clerk Magistrates Hearing in Plymouth with the client. He argued for dismissal based on the client’s lack of criminal history, his academic pursuits and his contributions to his community including being an Eagle Scout Mentor.

Based on these representations, the Clerk and Police Prosecutor both agreed that no complaint should issue and it was filed for six months.

December 2015

Charges: Assault and Battery

Woburn District Court

Result: Dismissed

Our client, a 35 year old home security professional, was charged with assault and battery after getting into an altercation in a moving vehicle. Our client had also filed charges against the other party, resulting in two cross complaints that were both heard simultaneously at a Clerk Magistrate’s Hearing.

Attorney Bullen represented our client at the hearing, fully prepared to challenge probable cause to support any criminal charge against him. At the Clerk’s suggestion, Attorney Bullen instead facilitated a discussion between the two parties that resulted in both complaints being dismissed and our client’s criminal record remaining clean.

December 2015

Charges: Leaving the Scene of Property Damage

Taunton District Court

Result: Dismissed

Our client, a 24 year-old male, was charged with leaving the scene of property damage when he lost control of his vehicle and struck a highway sign. Upon arrival by the police, he was also cited for operating an unregistered vehicle. Police also believed that the cause of the accident was due to the client’s driving under the influence of alcohol.

Attorney Etesse accompanied the client to his Clerk Magistrate Hearing on the charges. Attorney Etesse presented evidence to the Clerk to prove that the alleged charges are uncharacteristic of the client.

He also provided proof of the client’s willingness to pay for the damage through his car insurer, and he submitted a new registration of the client’s car to the Clerk. Attorney Etesse argued that the client has taken the requisite measures to remedy the damage that he caused.

The Application for Criminal Complaint will not issue and the case will be held for three months and dismissed at that time.

December 2015

Charges: Driving on a Suspended License

Quincy District Court

Result: Dismissed

Our client, a 40 year old man, was charged with operating with a suspended license after refusing to take a breathalyzer during a previous OUI stop. The client retained our services to assist in this matter as well as multiple other issues involving the Registry of Motor Vehicles.

After assisting our client in clearing up the RMV matters and getting his license back, Attorney Bullen accompanied our client to his court date and conferenced with the prosecutor on his behalf, providing proof of a valid license. All charges against our client were subsequently dismissed.

December 2015

Charges: Operating to Endanger, Speeding, Marked Lane violation, Improper use of Breakdown lane

Hingham District Court

Result: Dismissed

Our client, a 29-year-old male, was charged with Operating to Endanger and a host of civil violations. Our client was speeding on a motorcycle with a passenger on the back, weaving through traffic and using the breakdown lane for travel. A State Trooper stopped him and issued a civil marked lanes violation.

The Trooper warned the client to not peel out once he let him go. The client, unfortunately, peeled out and quickly crossed three lanes of traffic. The Trooper pursued the client, watching the motorcycle continue to swerve through traffic and again use the breakdown lane. The Trooper was traveling at 115 mph and the motorcycle was still pulling away. The road had a 60 mph speed limit.

The trooper eventually was able to stop the client and cited him with the criminal offense of Operating to Endanger. Attorney Stacey appeared on the client’s behalf and negotiated that the client would be found responsible for the civil violations, but no criminal complaint would issue.  Attorney Stacey was also able to negotiate the speeding ticket down from the $600 it should have been to the minimum of $100 (only 10 mph over the speed limit).

Attorney Stacey was also able to negotiate the speeding ticket down from the $600 it should have been to the minimum of $100 (only 10 mph over the speed limit).

December 2015

Charges:  Leaving the Scene

Westfield District Court

Result: Dismissed

Our client, a 30 year old sales executive, was charged with Leaving the Scene of Property Damage after striking a retaining wall in a restaurant parking lot and leaving before police arrived. After retaining our services, Attorney Bullen accompanied the client to her Clerk Magistrate’s Hearing in Westfield District Court. After the police prosecutor was unable to produce the complete incident report, Attorney Bullen requested that the Clerk dismiss the application for complaint. The Clerk agreed, and denied to issue the complaint against the client.

After retaining our services, Attorney Bullen accompanied the client to her Clerk Magistrate’s Hearing in the  Westfield District Court.

After the police prosecutor was unable to produce the complete incident report, Attorney Bullen requested that the Clerk dismiss the application for complaint. The Clerk agreed, and denied to issue the complaint against the client.

The Clerk agreed, and denied to issue the complaint against the client.

December 2015

Charges:  Minor in Possession of Alcohol

Eastern Hampshire District Court

Result: Dismissed

Our client, a 19 year old college student, was charged with minor in possession of alcohol after being caught with numerous bottles of alcohol in his trunk.

Attorney Bullen was retained and represented the client at his Clerk Magistrate’s Hearing. Attorney Bullen argued that our client accepted responsibility but deserved the benefit of the doubt, highlighting his academic and extracurricular achievements as well as his contributions to his community.

The Clerk and police representative both agreed and no complaint was issued against our client.

December 2015

Charges:  Leaving the Scene of an Accident with Property Damage

Brockton District Court

Result: Dismissed

Our client, a 45 year old male, was charged with leaving the scene of property damage after hitting another car on his way through Brockton while driving home one night. He was scared and jarred by the experience so he fled the scene to continue home. There were passengers in the other vehicle, and several witnesses in the area that got a description of the client and his license plate number.

Attorney Stacey was retained early in the process, before a citation was even written. Attorney Stacey was able to speak to the investigating officer and with the client’s insurance company. When the citation was finally written, the client was fully aware of all the evidence against him, and any related insurance claims were well underway.

When Attorney Stacey appeared at the hearing, he was able to argue that, despite his client’s fault, the complaint not issue. Attorney Stacey offered evidence from the client’s insurance company that any damage done was already prepared to be paid for, and the only reason why it had not been paid for yet was because the owner of the other vehicle had not responded to any requests for damage estimates.

The clerk did not issue the complaint. No record of the accident will ever appear on the client’s criminal record.

December 2015

Charges:  Breaking & Entering

Plymouth District Court

Result: No Charges to Issue

Attorney Berman represented our client, a 23-year-old military veteran, accused of two counts Breaking and Entering at Nighttime with the Intent to Commit a Felony.  After a night spent at a social gathering shortly following his discharge from the Marines, the client was highly intoxicated and attempted to gain entry into a car and home that he mistakenly believed belonged to the host of the party he had been at earlier.

Attorney Berman successfully argued that, given the client’s state of intoxication and good-faith belief that he was entering the same house and car that belonged to the host of the party, there was insufficient evidence to establish any “intent to commit a felony”, an essential element of the offenses.   He also emphasized the client’s honorable military service, his lack of any prior criminal record and his sincere regret and embarrassment over what had happened.

The clerk agreed, dismissed the felony offenses and held open a misdemeanor charge of Disturbing the Peace for one year.  If the client is not arrested again, the criminal complaint will be destroyed and there will be no entry on the client’s criminal record.

December 2015

Charges: Assault & Battery with a Dangerous Weapon

Newton District Court

Result: No Charges to Issue

Attorney Berman represented our client, a 46-year-old mother of two, accused of assaulting a 2-year-old boy with a car door during a dispute with another parent in the parking lot of the Newton Public Library.  The client had returned to her car and observed damage which she believed may have been caused by the door of the car parked in the spot next to hers.  As she took photos, the owner of that vehicle returned with her 2-year-old son in tow, and became agitated.

Our client realized that the damage was not caused by the other vehicle and, due to the aggressive demeanor of the other woman, attempted to get into her car and leave.  The other mother claimed that the door hit her child in the head, causing a contusion.

Attorney Berman successfully argued that, if the child was hit by the door, there was no evidence that our client intended the contact, a point which the police officer conceded.  Given this concession, the only way the Commonwealth could prove the Assault and Battery was to present evidence that our client engaged in a “reckless” act, which is conduct that the client knew was very likely to cause substantial harm to someone, but she ran that risk and went ahead anyway.

Attorney Berman convinced the clerk that, as a matter of law, the evidence presented could not support a finding of recklessness and the charges were dismissed. The criminal complaint will be destroyed and there will be no entry on the client’s criminal record.

December 2015

Charges:  Domestic Assault and Battery on a Child

Brookline District Court

Result: Case Dismissed at Motion Hearing

Attorney Berman represented our client, a 48-year-old mother of two, accused of assaulting her own 14-year-old daughter during a dispute in the family home. The client and her husband had requested that the daughter clean her room and the daughter refused, angrily slamming the refrigerator door and causing the contents to spill onto the floor.  The client grabbed her daughter by the shoulders in an attempt to restrain her and there was disputed evidence that the mother placed her hands around the daughter’s neck.  The daughter called the police and our client was arrested.

Relying upon the recent Supreme Judicial Court case of Commonwealth v. Dorvil, 472 Mass. 1 (2015), Attorney Berman filed a Motion to Dismiss, arguing that the evidence presented by the Commonwealth in support of the criminal complaint, even if taken as true, was legally insufficient in light of the newly-established parental privilege to use physical force in discipline of a child, as long as the force used was reasonable under the circumstances, reasonably related to promoting the welfare of the child and did not create the risk of serious physical harm.  After a full hearing, the court agreed and the charges were dismissed.

November 2015

Charges:  Possession of a Class B Substance (Cocaine)

Springfield District Court

Result: Pre-trial Probation

Our client, a 50-year-old woman, was charged with possession of cocaine and arraigned in Springfield District Court. After retaining the services of The Law Offices of Russell Matson, Attorney Bullen conferenced with the prosecutor on her behalf.

Highlighting her lack of a criminal record and good standing within the community, coupled with the small amount of cocaine found and other weaknesses in the prosecution’s case, Attorney Bullen was able to secure a disposition of Pretrial Probation for our client. After six months of good behavior, the charge will be completely erased from her criminal record.

After six months of good behavior, the charge will be completely erased from her criminal record.

November 2015

Charges:  Operating to Endanger

Somerville District Court

Result: Dismissed at Clerk Magistrate’s Hearing

Our client, a 33-year-old waiter from Revere, was charged with Negligent Operation after receiving two speeding tickets within minutes of each other. After retaining our services, Attorney Bullen represented the client at a Clerk Magistrate’s Hearing in Somerville District Court.

Attorney Bullen was able to present evidence to the court that the client had been going through an emotionally turbulent experience at the time, and that although this experience may have affected his judgment, it did not warrant criminal charges.

The Clerk agreed, over the objection of the designated State Trooper representative, and dismissed the complaint against the client.

November 2015

Charges:  Operating to Endanger

Attleboro District Court

Result: Dismissed at Pre-Trial Hearing

Our client, a thirty year old technology consultant, called our office seeking representation for a 23-year old charge of operating to endanger. He received the citation for an incident that occurred when he was 16 years old but hadn’t been resolved.

The client had recently learned that a warrant existed for his arrest and asked for our assistance in clearing it up. After consulting with and retaining our firm, Attorney Bullen was able to discuss the case with the prosecutor and explain that an honest mistake had been made and our client was not attempting to avoid responsibility.

As a result of this conference with the prosecutor, our client’s charges were dismissed at the pre-trial hearing, and his record cleared of any warrant.

November 2015

Charges:  Operating to Endanger

Quincy District Court

Result: Dismissed.

Attorney Berman represented our client, a woman accused of Operating Negligently so as to Endanger the Lives and Safety of the Public following an incident involving an off-duty police officer.  It was alleged that, as the two vehicles merged from two lanes into one shortly after a traffic light, the client forced the other vehicle into oncoming traffic nearly causing a collision.

Attorney Berman successfully argued that, given the circumstances of the incident, the client did not operate negligently and, therefore, there was insufficient probable cause for the charges to issue.  He also emphasized the client’s clean driving history, the lack of any prior criminal record and the dire consequences of the charge to her employment in the transportation industry.

The clerk agreed and dismissed the charges.  The criminal complaint will be destroyed and there will be no entry on the client’s criminal record.

November 2015

Charges:  Possession Class B (Cocaine)

Northhampton District Court

Result: Dismissed.

Our client, a 26-year-old male, was charged with Possession of Class B (cocaine) when an officer came upon him and his friends in a parked car in a parking lot. The client was holding a CD case with alleged lines of cocaine on it. When the officer approached the client reportedly dumped the white powder in the cab of the car. Since the client was the only one seen holding the CD case he was the only one charged with possession.

Attorney Stacey appeared at the Northampton District Court and contended with a very insistent police prosecutor. The prosecutor was uninterested in any resolution that did not include the complaint issuing. After an extended negotiation, including Attorney Stacey  making it clear that the client had no criminal record and was very involved with the community.

The police prosecutor finally agreed to hold the complaint if the client could pass a drug test that moment.

The attorney advised the client and the client agreed to take the test and passed. The complaint did not issue and there will never be any record of the incident on the client’s record.

November 2015

Charges:  Shoplifting

Waltham District Court

Result: Continued for 1 year, no criminal record.

Our client, a 40-year-old female, was accused of Larceny under $250 when her employer, a local grocery store, suspected that she was giving merchandise to a customer for free by making unauthorized voids during checkout. The store initially estimated that the client gave away roughly $186 worth of store products. The client lost her job due to the allegations.

The store management was present at the clerk’s hearing, which is unusual, and they strongly wanted their former employee to be charged with a crime. They produced a store-generated report that allegedly indicated this behavior had been going on for months, and that the client was responsible for thousands in lost profit.

Attorney Stacey argued that the client’s actions, although wrong, were well intentioned. The customer she had been voiding purchases for was an elderly woman who did not have much money. He further argued that any amount beyond the $186 of loss claimed by the store was unsubstantiated and could not be proven.

Attorney Stacey pointed out that the client did lose her job and would agree to pay the $186 in restitution, and that no criminal complaint was necessary. The Clerk agreed, continuing the matter for a year and requiring the payment of $186 to the store.

As long at the client stays out of trouble for 12 months, no entry, charge, or conviction will ever appear on her record.

November 2015

Charges:  Shoplifting

Milford District Court

Result: Dismissed

Our client, a 45-year-old female, was charged with shoplifting after she was caught trying to steal merchandise from a local department store after she had been seen (but not caught) stealing from the same store just two days earlier.

The client had been acting strangely due to a prescribed overdose of anti-depression medication for several weeks leading up to the incident. Attorney Stacey appeared on behalf of the client and explained her unusual situation to the Clerk Magistrate. Attorney Stacey successfully argued that the client was not in control of her actions and that perhaps the treating physician holds some of the blame for prescribing such high doses of the medication.

Attorney Stacey also argued that it was proof that the client was not in control of her actions because she had no prior criminal history, and stealing was unlike her.  The Clerk agreed and dismissed the case.

October 2015

Charges: Leaving the Scene of Property Damage

Worcester Police Department

Result: No Charges

Our client, a 56-year-old male, was driving on a suspended license in Worcester when he lost control and struck a light pole. Knowing he was not legally driving, the client fled the scene before the police were called.

Witnesses in the area were able to see the client’s license plate and gave it to police when they eventually arrived on scene. The client retained our firm when he began getting calls from the Worcester Police Department. Attorney Stacey handled the matter and acted as first contact with the police. The client was facing charges of Operating After Suspension and Leaving the Scene of Property Damage. The Operating charge carried mandatory jail time.

The client never had to make any statements to police, and Attorney Stacey was able to negotiate with Police and resolve the issue without ever going to court and facing criminal charges. The damage was repaired without any out of pocket expense from the client, and no further suspension of his license was incurred.

Charges: Leaving the Scene of Property Damage

Cambridge Police Department

Result: No Citation Issued

Our client, a 28-year-old father of two, was being investigated for leaving the scene and other charges after accidentally side-swiping two parked cars on a street in downtown Boston and driving

away. He was called in for a meeting with the Cambridge Police Department, under threat of criminal prosecution.

The client was frightened and very concerned about a possible criminal charge. He hired us, and Attorney Bullen from the Law Offices of Russell Matson accompanied our client to meet with the Police Department. Without admitting the client’s responsibility, we presented documentation that insurance had paid for any damage and argued convincingly that our client deserved a break. The police were ultimately satisfied that the situation was resolved.

The police declined to seek a criminal complaint against him.

October 2015

Charges: Possession of a Class B Substance

Court: Westfield District Court

Result: Dismissed 

Our client, a 28-year-old male, was issued a criminal citation for Possession Class B after cocaine was found in his backpack.

The client hired us to represent him at a clerk magistrate’s hearing. Attorney Bullen presented evidence, advocated on our client’s behalf, and was able to persuade the Clerk Magistrate not to issue the complaint.

If the client does not pick up any new cases in six months, the case will be formally dismissed and nothing will ever appear on the client’s record.

October 2015

Charges: Leaving the Scene of Property Damage (Hit and Run)

Court: Dedham District Court

Result: Dismissed 

Our client, a 50-year-old male, was charged with Leaving the Scene after he bumped another car while backing out of a parking space.

Attorney Stacey facilitated the resolution of all insurance claims, allowing Attorney Matson to offer evidence in the Clerk Magistrate’s hearing that the minimal damage that had been done was repaired. The client’s case was filed by the Clerk for six months.

If the client isn’t involved in any new criminal matters in that time, the case will be dismissed and nothing will ever appear on the client’s record.

October 2015

Charges: Leaving the Scene of Property Damage, Marked Lanes Violation

Court: Quincy District Court

Result: Dismissed 

Our client, a 24-year-old female, was charged with leaving the scene of property damage and a civil marked lanes violation when she lost control of her car and hit a tree. She left the scene because she could not get cell service in the area, so proceeded to a friend’s house to call AAA. When she returned a short time later her car had already been towed by police.

Attorney Stacey went to the courthouse to view the charging documents. He discovered that certain filing deadlines were not followed by the police, giving rise to a motion to dismiss all charges. A judge allowed the motion and all charges were dismissed prior to arraignment.

The charges will never show up on the client’s record as if the accident had never happened.

September 2015

Charges: Shoplifting

Court: Pittsfield District Court

Result: Dismissed 

Our client, a 28 year old female, was charged with shoplifting after being caught trying to leave a local Kohls with several items in her bag. She was pressured into stealing items by her friend who was with her but was not charged. The client also had her two year old daughter with her at the time.

The store never lost any merchandise and the client was very cooperative with police, but the responding officer threatened to have her kids taken away. Attorney Matson handled the case and immediately set the client’s mind at ease.

Attorney Matson took care to explain the situation to the clerk, that the client had no prior criminal record, and no merchandise was lost by the store. The client was in a bad financial situation and was not trying to take anything for herself, but necessary items for her children.

The Clerk agreed that this was not a case that deserved prosecution and dismissed the case.

September 2015

Charges: Shoplifting

Court: Wrentham District Court

Result: Dismissed 

Our client, a 22-year-old female, was charged with shoplifting after attempting to leave a Kohls Department Store with some items without paying. The client was especially nervous because she was about to graduate with a degree in early childhood psychology and would have a very difficult time finding work as a teacher if she had a criminal record.

Attorney Stacey appeared on behalf of the client and explained that this was a one-time lapse in judgment. Attorney Stacey argued that the client, who was about to graduate college and was very active in the community, should not be facing criminal charges. The Clerk agreed.

The Clerk ordered the client to stay out of trouble until the end of the school year, at which time the case would be dismissed.

September 2015

Charges: Leaving the Scene of Property Damage

Court: Somerville District Court

Result: Dismissed 

Our client, a 26-year-old male, was charged with leaving the scene of property damage after hitting a parked vehicle and leaving the scene of the accident.

Attorney Matson ensured the client’s insurance company promptly paid for damages to the struck vehicle, allowing Attorney Matson to present convincing evidence at the Clerk Magistrate’s hearing that the client was very interested in repairing any damage that may have been done.

The Clerk agreed that the matter should be dismissed, and will never appear on his criminal record.

Got a quick question?

Click to Shoot us a text. Our attorneys monitor this regularly.

September 2015

Charges: Negligent Operation of a Motor Vehicle, Failure to Stop

Court: Framingham District Court

Result: Dismissed 

Our client, a 38-year-old male, was charged with Negligent Operation and Failure to Stop, along with a speeding ticket. The client was nervous that the charges would affect his ability to leave the country to visit family and his ability to pass professional background checks.

Attorney Stacey met the client at the scene of the incident to discuss what happened and to gather any potential evidence. Attorney Stacey then represented the client at the pretrial hearing and negotiated a dismissal of all charges. The client will not have to complete any probation period, and his clean record will be preserved.

September 2015

Charges: Negligent Operation of a Motor Vehicle, Leave Scene of Property Damage, Marked Lanes Violation

Court: Quincy District Court

Result: Dismissed / Complaint not issued

Our client, a 21-year-old female college student, was charged with leaving the scene of property damage and other charges when she left her card on the side of the road after striking a guard rail on the Route 3 on-ramp in Weymouth.

Attorney Matson presented evidence to the Clerk that this accident was a simple mistake that resulted in no injuries or damage to anyone else’s property. Attorney Matson further argued that our client deserved the benefit of the doubt, based on her education and employment history as well as her lack of a criminal record. Upon hearing Attorney Matson’s persuasive argument on his client’s behalf, the Clerk dismissed the charges against her.

September 2015

Charges: OUI 3rd Offense, Marked Lanes, Possession of Open Container

Court: Greenfield District Court

Result: OUI 3rd Treated as 2nd Offense, Mandatory Jail Time Avoided

Our client, a 45-year-old male, was charged with a third offense Operating Under the Influence, as well as Marked Lanes Violation, and Possessing an Open Container. After being retained,
Attorney Matson immediately began communicating with the District Attorney’s office to resolve the client’s case favorably.

The goal from day one was to work to avoid the mandatory jail time associated with a 3rd offense OUI conviction. Using his knowledge of the law, and his ability to convey the true impact of the charge on his client’s life, Attorney Matson was able to negotiate a plea that would treat his client’s third offense OUI as a second offense, and dismiss the all the civil infractions. This plea bargain allowed the client to avoid the mandatory five-month jail sentence, as well as the mandatory eight-year loss of license associated with a third offense OUI.

August 2015

Charge: Negligent Operation of a Motor Vehicle

Court: Worcester District Court

Result: Dismissed

Our client, a 30-year-old male, was charged with Negligent Operation after losing control of his car, driving through someone’s yard, and crashing into a tree. The damage to the yard was estimated to be above $4,000. The client told police he had been showing off his new sports car to a friend when he hit a patch of sand and lost control.

The police estimated the client was traveling at roughly 70 mph in a 25 mph zone. Attorney Stacey represented the client at the Clerk’s hearing, after having called the victim and the client’s insurance company. There was a mix up in the clerk’s office and the police never showed up to the hearing. Without the police prosecutor present, the Clerk was forced to dismiss the complaint.

Charge: Shoplifting

Court: Milford District Court

Result: Dismissed

Our client, a 22 year old male, was charged with shoplifting after attempting to leave a Kohls Department Store with two shirts without paying. Attorney Matson appeared on behalf of the client and explained that this was a one-time lapse in judgment. Attorney Matson argued that the client, who was about to graduate college and was very active in the community, should not be facing criminal charges. The Clerk agreed and dismissed the case.

Attorney Matson argued that the client, who was about to graduate college and was very active in the community, should not be facing criminal charges. The Clerk agreed and dismissed the case.

Charge: Stalking, Criminal Harassment, Threats

Court: Wrentham District Court

Result: Dismissed

Our client, a 19-year-old male, was charged with Stalking, Criminal Harassment, and Threats after sending inappropriate messages via Snapchat. The victim took screenshots of the conversation and went to the local police department and filed charges, including the felony of Stalking. Attorney Stacey worked diligently on the case, contacting the assistant district attorney ahead of court appearances.

Attorney Stacey also used his knowledge of the law to have the Stalking and Criminal Harassment charges dismissed, arguing there was a lack of probable cause. Attorney Stacey was further able to negotiate a favorable resolution to the remaining charge. After serving a probationary sentence, the case will be dismissed, and the client will not have any criminal record.

Charge: Operating to Endanger

Court: Barnstable District Court

Result: Dismissed at Clerk Magistrate’s Hearing

Our client, a 36-year-old male, was charged with Operating to Endanger when he reportedly drove his 28-foot truck through a red light and swerved around another vehicle, nearly colliding with it.

Attorney Stacey appeared at the Clerk Magistrate’s hearing with the client and argued that his client made the maneuver around another vehicle in the interest of safety after the other vehicle stopped short at a yellow light, not giving the client enough room to stop his large truck.

The Clerk, compelled by Attorney Stacey’s argument, was unable to find probable cause for the charge and did not issue the complaint.

Charge: Operating Under the Influence of Drugs

Court: Uxbridge District Court

Result: Dismissed at Clerk Magistrate’s Hearing

Our client, a 24-year-old male, was charged with OUI-drugs after a State Trooper reportedly saw him and his girlfriend smoking a joint at a local rest stop.

Prior to the hearing, Attorney Stacey gathered evidence on behalf of the client to argue against the formal filing of criminal charges.

At the hearing, Attorney Stacey offered both evidence and eye-witness testimony refuting the written police report. Attorney Stacey argued that there were insufficient facts supporting the alleged charge and asked that the complaint not issue. The Clerk agreed and dismissed the case.

July 2015

Charge: Leaving the Scene of Property Damage, Negligent Operation, Failing to File a Report

Court: Cambridge District Court

Result: Dismissed

Our client, a 43-year-old male, was charged with Leaving the Scene of Property Damage, Negligent Operation, and Failing to File a Report after he hit a parked car and left the scene. After being retained, Attorney Matson supported his client’s insurance company to gather any required information so that any claims could be settled immediately.

In the Clerk Magistrate’s hearing, Attorney Matson offered evidence showing that not only was the damage done only cosmetic but that the damage had already been paid for, arguing there was no need to issue the criminal complaint. The Clerk agreed and dismissed the case.

July 2015

Charge: Leaving the Scene of Property Damage, Marked Lanes Violation, Speeding, Failure to Signal, Failure to Use Care

Court: Quincy District Court

Result: Dismissed

Our client, a 45-year-old male, was charged with leaving the scene and other charges after rear-ending another vehicle on I-93 while trying to change lanes.

After being retained, Attorney Matson was able to not only present evidence that insurance had paid for any damage, but also evidence that refuted several damaging claims within the police report.

After Attorney Matson’s zealous argument the Clerk Magistrate saw there was no need for a complaint to issue against the client. The Clerk dismissed the case.

July 2015

Charge: Leaving the Scene of Property Damage

Court: Westborough District Court

Result: Dismissed

Our client, a 70-year-old male, was charged with charged with Leaving the Scene of Property damage after hitting a car while backing out of a parking space at a local Dunkin Donuts.

Attorney Stacey helped the client get in contact with their insurance agency and arranged for all claims to be paid, and ensured that the client would not face any increase in their deductible.

At the Clerk’s hearing, Attorney Stacey offered evidence that any damage had been resolved, and that criminal charges were not necessary. The Clerk agreed and dismissed the case.

July 2015

Charge: Larceny Under $250 (Shoplifting)

Court: Gardner District Court

Result: Dismissed

Our client, a 67-year-old female, was charged with shoplifting after attempting to leave a local grocery store with over $100 worth of food without paying. Attorney Stacey appeared on behalf of the client and explained her dire financial situation to the Clerk Magistrate.

Attorney Stacey argued that given the client’s circumstances, and her lack of criminal history, she did not belong in the criminal justice system and that a complaint should not issue. The Clerk agreed and dismissed the case.

July 2015

Charge: Larceny Under $250

Court: Quincy District Court

Result: Dismissed

Our client was accused of larceny of a snake. The police alleged that a snake recovered by an animal control officer, a red-tailed boa constrictor, had been stolen and that our client had stolen it.

Before the Magistrate, Attorney Matson argued that there was no evidence that a crime had been committed. The snake’s owner had not called the police, filed a report, or attempted to reclaim the snake. The clerk dismissed the case.

June 2015

Charge: OUI (Operating Under the Influence of Alcohol, w 2 priors)

Court: Quincy District Court

Result: Dismissed at Clerk Magistrate’s Hearing

Our client, a 51-year-old female, was charged with her 3rd offense OUI and Negligent Operation after getting into a car accident.

Attorney Matson appeared on the client’s behalf at the Clerk Magistrate’s hearing and successfully argued that there was no probable cause to support the OUI charge. The Clerk agreed and dismissed that count, saving the client from a potential mandatory five-month jail sentence.

Attorney Matson then negotiated a favorable resolution to the Negligent Operation charge in court. After serving a short probationary period, the case will be dismissed and there will be no additions to the client’s record.

 

June 2015

Charge: Negligent Operation, Speeding, Marked Lanes Violation, Failure to Signal

Court: Leominster District Court

Result: Dismissed

Our client, a 46-year-old male, was written a citation for Negligent Operation and other civil violations after cutting off an off-duty state trooper. Attorney Matson represented the client at the Clerk Magistrate’s hearing, arguing the facts before the Clerk. Attorney Matson negotiated a dismissal of all charges upon the completion of a driver safety course. None of the charges will appear on the clients’ record.

all charges upon the completion of a driver safety course. None of the charges will appear on the clients’ record.

Charge: Leaving the Scene of Property Damage (Hit and Run)

Court: Westborough District Court

Result: Dismissed

Our client, a 36-year-old male, was charged with leaving the scene after hitting another vehicle in the parking lot of a local restaurant.

Our experienced staff quickly went to work and contacted the insurance companies to ensure prompt payment of any claims. This allowed Attorney Matson to present evidence at the Clerk Magistrate’s hearing showing that any damage had been taken care of and paid for.

All harm was corrected, therefore, there was no need for a criminal complaint to issue against his client. The Clerk agreed and dismissed the case.

May 2015

Charge: Malicious Destruction of Property

Court: Stoughton District Court

Result: Dismissed

Our client, a 22-year-old female, was charged with malicious destruction of property after driving onto her neighbor’s property, crushing an outdoor spotlight, and then keying her neighbor’s car while reportedly drunk.

Attorney Matson was able to negotiate pre-arraignment dismissal after the client completed a two hour Alcohol Education Program. Since the case was dismissed prior to arraignment, the charge will never show up on the client’s record.

Charge: Leaving the Scene of An Accident with Property Damage

Court: Cambridge District Court

Result: Continued for 6 Months

Our client, a 45-year-old male, was charged with leaving the scene of property damage after hitting a parked vehicle and leaving his license plate at the scene of the accident.

Attorney Matson ensured the client’s insurance company promptly paid for damages to the struck vehicle, allowing Attorney Matson to present convincing evidence at the Clerk Magistrate’s hearing that the client was very interested in repairing any damage that may have been done.

Although the client has long driving record, the Clerk agreed that no criminal complaint should immediately issue.

If the client does not commit any traffic violations for six months, the matter will be dismissed, and will never appear on his criminal record.

Charge: Leaving the Scene of Property Damage, Failing to report an accident

Court: Cambridge District Court

Result:  Dismissed

Our client, a 38-year-old male, was charged with leaving the scene  and failing to report an accident after hitting another vehicle in the Museum of Science parking lot.

After being retained, Attorney Matson expeditiously contacted the relative insurance companies to ensure prompt payment of any claims. This allowed Attorney Matson to present evidence at the Clerk Magistrate’s hearing showing that any damage had been taken care of and that there was no need for a complaint to issue against his client. The Clerk agreed and dismissed the case.

The Clerk agreed and dismissed the case.

April 2015

Charge Open and Gross Lewdness

Court: Newburyport District Court

Result: Continuance without a finding for 6 months, case dropped after that

Our client pulled into a parking lot in Newburyport on a trip to visit a friend.  Police officers were called to the scene after three people reported seeing a man urinate in a parking lot then begin masturbating in a parked car.   Upon the officers arrival, the officer witnessed our client in a state of undress.  Our client was placed under arrest and charged with Open and Gross Lewdness.  He retained Attorney Matson to represent him.  Attorney Matson was able to negotiate a plea which allowed the charges to be dropped if our client has no incidents for six months.

April 2015

Charge: Old Outstanding Warrants

Court: Taunton District Court

Result:  Dismissed

Our client a 40 yr old woman who was living abroad left the United Sates in her early 20’s avoiding several charges including Assault and Battery and Breaking and Entering.

She hired Attorney Matson to help her be rid of the charges so she could come back to the United States.

Attorney Matson was able to convince the DA to drop the charges so she was able to fly home to see her family.

April 2015

Charge: Violation of a Restraining Order

Court: West Roxbury District Court

Result:  Dismissed at Clerk Magistrate’s Hearing

Our Client a 21-year-old male was charged with a violation of a restraining order after he called, text his ex-girlfriend over 10 times and contacted her on Facebook twice.

The police had the ex- girlfriends phone and a copy of the messages on Facebook.  She informed the court of the violation and our client was requested to appear before a clerk to review the charge.

Attorney Matson explained to the clerk that our client just made very bad choices and that he would not do it again.

The clerk agreed with Attorney Matson and dismissed the charges.

February 2015

Charge: Leaving the Scene of an Accident

Court: Dedham District Court

Result:  Dismissed at Clerk Magistrate’s Hearing

Our client a 35-year-old man was witnessed hitting a car in a parking lot and driving off.  The witness took down our client’s license plate number and called the police.

The police contacted our client who initially denied hitting the car. He later changed his story and said he did back up and hit the car but drove away since there was only minor damage.  The police issued a citation summoning him to a clerk’s hearing whereupon attorney Matson persuaded the clerk that since the damage was paid for by insurance and he had no record for it to be dismissed.

The clerk agreed and said it would be dismissed after 6 months with no incident.

Charge: Possession of a Class B Substance

Court: Quincy District Court

Result:  Dismissed at Clerk Magistrate’s Hearing

Our client was driving home from work when stopped by police for marked lanes violation, improper use of a cell phone and possession of a class B substance, pills.  He was given a citation and a chance to appear before a clerk magistrate.

He hired attorney Matson who moved his clerk’s date to better accommodate our client.

The client was a graduate of Yale, had a very good job, and was getting counseling for substance abuse.

Because of the facts of the client’s efforts to make good on his mistake, at the hearing we got the charges dismissed with 6 months’ probation.

Charge: Leaving the Scene of an Accident

Court: Malden District Court

Result:  Dismissed at Clerk Magistrate’s Hearing

Our client, a 37-year-old man, was charged with Leaving the Scene of an Accident after hitting a car on the side of the road.  A witness saw the accident and immediately reported it.

Attorney Matson represented him and despite  an  extensive bad driving history with the RMV managed to convince the clerk  to dismiss the charges as long as there were no incidents for 6 months.

Charges: Larceny over $250

Court: Boston Municipal District Court

Result:  Dismissed at Clerk Magistrate’s Hearing

Our client, a 53-year-old woman was accused of stealing from her place of work. She was recorded ringing items up, taking the cash then deleting the items from the register and pocketing the money.   The police were called and they gave her a summons to appear before a clerk to determine if she would be charged with larceny.

Attorney Matson went before the clerk and convinced him that because our client has no record and that this was a one-time lapse in judgment the charges should be dismissed.

The clerk dismissed all charges and our client will not have a criminal record.

January 2015

Charges: Assault and Battery with a Deadly Weapon

Court: Roxbury District Court

Result:  Dismissed at Clerk Magistrate’s Hearing

Our client, a 22-year-old woman was involved in a violent altercation with a man at her apartment.  Police were called to the scene because several witnesses heard her screaming for help.

The police arrived and found our client bruised and bloodied in what looked like to be the aftermath of a fight.  Our client was holding a kitchen knife and crying when the police came in.  She explained to the police that she was trying to defend herself from the man who allegedly hit her.  The police arrested the man and gave a summons to our client to appear before a clerk.

The charge brought before the clerk was Assault and Battery with a deadly weapon.  Fortunately for the client, Attorney Matson was able to explain the situation to the clerk, that our client was just defending herself from her attacker.

The clerk dismissed the charge and our client has no record.


Most recent case wins here.

Previous case wins from 2014.

Older case wins.

Disqus Comments Loading...

Call now!

(781)817-6332