Case Results

December 2014

Boston Municipal Court
Client is a young student attending a prestigious University. He was caught up in a reverse sting for “Johns” and charged with soliciting sex for a fee. He had responded to an ad on backpage and met with an undercover detective at a hotel. He was summonsed to a clerk magistrate hearing for solicitation of a prostitute. I was able to convince the magistrate to not issue the complaint thus avoiding him being charged. It was vital to protect this young client’s criminal record so that he would not have to answer for such a charge in applying to graduate schools and to future employers.

Malden District Court
Client charged with assault and battery after a road range incident became physical. Client is not a U.S. citizen and would suffer harsh immigration affects if he were to make an admission to this offense. After several court appearances and thorough trial preparation was able to have the matter dismissed on the trial date.

November 2014

Malden District Court
Client was charged with domestic assault and battery after a physical altercation with her stepfather. Client is in U.S. as a permanent resident and would suffer severe immigration consequences if she were to admit to this type of charge. Matter was dismissed on trial date protecting client’s criminal record and avoiding any immigration consequences.

October 2014

Middlesex Superior Court
Client is charged in trafficking Marijuana over 100 pounds which carries a mandatory minimum sentence. After extensive negotiations with the Commonwealth which included presenting documentation of the client’s lack of criminal record and details related to his employment and excellent home and work life, was able to have the charges reduced to possession with intent to distribute avoiding the mandatory jail time. Client received a period of probation.

Boston Municipal Court
Client is charged after a group altercation in a garage after an evening of drinking with Assault and Battery. Victim suffered severe injuries. Through extensive negotiations with the attorney for the victim, was able to reach a civil accord and satisfaction agreement. This is an agreement between the parties that both sides are satisfied with an agreed resolution out of court, which included a monetary payment for the victim’s medical costs. The assault and battery charge ended up being dismissed. A civil accord and satisfaction is a remedy which is available only in certain types of cases.

Cambridge District Court
Client is from North Korea in Massachusetts obtaining his Doctorate Degree in advanced Cancer research. Client is charged with domestic assault and battery against his girlfriend after an altercation on the street leads to witnesses calling the police. Client returned to North Korea to visit family while matter was pending, the U.S. Consulate refused to allow him to return to the U.S. because of the open assault and battery matter and he was subsequently found in default with a warrant for his arrest issued. Client retained me from North Korea. Was able to convince the Commonwealth to Nolle Prosequi, or in simpler terms dismiss the case to allow client to return to Massachusetts to finish his Doctorate. Was able to provide proof to the Commonwealth of the severe affect the pending charge was having on his ability to return and obtain his Doctorate degree as well as evidence that his girlfriend had no interest in pursuing the case. Since the matter was dismissed client has returned to Boston and is completing his Doctorate thesis.

September 2014

Boston Municipal Court
Client charged with possession with intent to distribute marijuana and possession of a firearm without a license. Client was found alone in an apartment with a firearm under a bedroom mattress with his backpack that contained marijuana and a scale on top of the mattress. A shooting had recently occurred nearby and the police chased two suspects to the area where client was found in the apartment. Client had $560 on his person. Was able to resolve the possession with intent to distribute marijuana charge through an alternative disposition prior to trial. The drug charge should end as a dismissal after a short term of probation. Client was found not guilty of the gun charge by a Jury after a multiple day trial which included testimony from a fingerprint expert and firearm expert.

July 2014

Boston Municipal Court
Client is charged with Possession with intent to distribute Heroin and Possession with intent to distribute Cocaine. Client found not guilty of all counts after jury trial. Heroin and Crack along with a scale and baggies are alleged to have been discovered in the clients home after he is alleged to have given consent to search the home. Client testifies that the events of that evening occurred differently than testified to by the drug control unit officers. He denies any consent was given to enter his home, denies ever being aware of any drugs, scale or baggies being in the house. Jury after an hour of deliberation finds client not guilty on all counts.

May 2014

Chelsea District Court
Client was charged with drug possession and distribution for trying to assist in helping an undercover detective obtain drugs. On date of trial the drug certificate was still unavailable from the drug lab. Case was dismissed since drug certificate had not been produced.

Boston Municipal Court
Client is charged with having withdrawn over $60,000 from his account which was mistakenly placed there. Commonwealth alleges the client is part of a much larger scheme in which he agreed to receive this money and then withdraw it for payment. Commonwealth intended to indict client along with others by presenting evidence to the grand jury. After eight months passed and this matter still remained unindicted in Boston Municipal Court a trial date was selected and the court dismissed the case for lack of prosecution.

Malden District Court
Mexican national client visiting family in Boston was caught stealing over $400 worth of clothes from a Target. She was charged with Larceny over $250. Any kind of admission would keep her from entering the U.S, in the future. Exclusion from the U.S. would have a huge effect since she has a visa and lives close to the Arizona border where she travels to US often to shop for supplies for her family. Was able to convince the prosecutor to allow her to receive pretrial probation, this is a period of probation which does not require an admission of guilt by the client and once successfully completed leads to a dismissal of the case.

April 2014

Malden District Court
Client is charged with larceny over 250 for having stolen items from a hardware store. Client has no record, is a hard-working student and made a foolish decision acting on impulse to steal an expensive item.

Was able to convince the Malden prosecutor’s office that he deserved a break, Submitted a letter to the prosecutor’s office outlining clients background, that he's a student who is also working as well and that this was just a onetime foolish act. He was placed on pretrial probation which is a period of probation that does not require any admission of guilt; As long as he remains out of trouble for the next six months the case will be dismissed.

Chelsea District Court
Client is charged with violation of her harassment order against a neighbor. Client was able to obtain a restraining order against the same neighbor who appears to be the one truly with the issues. Client simply videotaped her from her own balcony as the neighbor was passing by close to where she lives.

On the trial date prosecutor agreed that the matter should be dismissed, charge of violation of harassment order was dismissed.

Chelsea District Court
Client charged with his brother with assault and battery against two others. Charges stem from a fight late at night at a party in the residence. On trial date was able to obtain a dismissal due to the lack of cooperation of the alleged victims. The alleged victims were just as responsible and were the actual initial aggressors. Victims at times may have a Fifth Amendment right to remain silent if what they say may be an admission to a crime. The case was dismissed.

March 2014

Chelsea District Court, (1314CR1057)
Client who is a foreign exchange student charged with assault and battery with a dangerous weapon. It is alleged that he punched and kicked a mechanic related to repairs on his vehicle. After long negotiations with Commonwealth and obtaining what is known as an accord and satisfaction with the accuser, the case was dismissed prior to trial.

October 2013

New Bedford Superior Court, (1993-324-73-75)
Client charged with 2 counts of distribution and possession of cocaine. Client is charged with selling to an undercover detective twice and then having cocaine in his possession upon arrest. Client is a legal permanent resident who has resided in the U.S. for over twenty years; he has raised his children in the U.S. and has little ties to his native country. Any type of admission to these charges would make him deportable and would cause him to be separated from his family. Commonwealth at first wanted incarceration, after two years in Court and many meetings in which the Client’s mitigating circumstances were presented the Commonwealth agreed to pre-trial probation. This is a resolution ending in a dismissal with the client never having to admit to any of the charges.

September 2013

Boston Municipal Court, (1201cr2948)
Client charged with larceny over $250. Client is arrested after driving the co-defendant to meet a person who has agreed to buy back his laptop which was stolen from him. The co-defendant had contacted the owner offering to return the computer for a payment. Attorney Fernandez successfully argued and was granted a motion to dismiss based on the lack of proof that the client had any knowledge of the theft or what had transpired.

May 2013

United States District Court, 1st District of Massachusetts, (11CR10380-1)
Client is charged in federal court with conspiracy to distribute and distribution of Oxycodone. Client is caught in an undercover sting delivering large amounts of oxycodone from New York to Boston by bus. After several deliveries to undercover federal agents he is arrested. Although the Sentencing Guidelines called for a sentence of over seven years in jail, Attorney Fernandez successfully argues clients minimal role as a delivery person, lack of criminal record and family circumstances to obtain a sentence of time served (approximately 2 years)
and release on probation.

April 2013

Boston Municipal Court, (1201CR2468)
Client is charged with open and gross lewdness after he allegedly exposed himself at South Station early in the morning while intoxicated. Client suffers from an alcohol problem and has little recollection of the events. He is a businessman who would lose his employment with any type of admission to such a crime. Attorney Fernandez prepared the case for trial and was able to have the matter dismissed on the day of trial.

February 2013

Boston Municipal Court, (1201CR970)
Client charged with possession and distribution of marijuana as well as distribution near a school zone. Client had advertised sale of marijuana on craigslist and an undercover detective responded. After picking up the detective in his vehicle police moved in and discovered marijuana in his possession. A motion to dismiss the school zone charge was filed and won. A conviction was avoided on the distribution charge and the case is scheduled to be dismissed as long as the client remains trouble free over the next year.

Somerville District Court, (1210CR2321)
Client was charged with possession of an unlawful weapon a knife and possession of cocaine. Although having several prior drug and assault convictions on his record attorney Fernandez was able to negotiate a resolution in which the drug charge will end up eventually as a dismissal as long as the client stays out of trouble over the next year and negotiated a term of probation related to possession of the knife.

January 2013

Dudley District Court, (1264CR2933)
Client charged with trafficking and possession with intent to distribute Cocaine after a car in which he is a passenger is stopped by state police and a large amount of drugs is discovered in the vehicle. Attorney Fernandez won a motion to dismiss based on the lack of evidence tying the client, the passenger, to the drugs in question.

October 2012

West Roxbury District Court, (1201CR970)
Client charged with possession with the intent to distribute heroin and possession of marijuana. Client was stopped in his vehicle by the state police after they witnessed a traffic violation. Upon approaching the vehicle they smelled marijuana and based on that performed a search of the vehicle resulting in the discovery of several baggies of heroin, marijuana, and a large sum of currency. A motion to suppress was filed and heard challenging the search of the vehicle. The motion to suppress was granted and the search deemed illegal keeping the Commonwealth from using any evidence discovered in the search. The case was then dismissed.

July 2012

Somerville District Court, (1110cr2003)
Client charged with distribution and possession of cocaine. Police get a tip that client is delivering drugs by car to a variety of buyers. Undercover detectives follow client and see what they believe to be numerous hand to hand transactions between clients and people who he picks up at various locations. A traffic stop takes place currency and cocaine is recovered from the vehicle. The client is hoping to become a marine and realizes a conviction would keep him from enlisting in the marines. In a lobby conference with the Judge, over the prosecutor’s objection, the case was filed without a change of plea allowing client to avoid a conviction.

April 2012

Suffolk Superior Court, (2011-10520)
Client charged with Trafficking in Oxycodone in an amount which triggers a 10 year mandatory minimum. Client was involved in receiving packages in the mail which contained large amounts of Oxycodone. He would receive a small fee for allowing the packages to be shipped to him and then would hand it off to his co-defendant. After a dog alerted to narcotics on a package an undercover delivery took place where the client was arrested and made an admission as to his role. Attorney Fernandez was able to impress upon the Commonwealth that his client played a minor role, had no criminal record and was cooperative from the moment of his arrest. The charge was downgraded to possession with intent to distribute avoiding any mandatory minimum sentence; the client received a short term of probation.

February 2012

Commonwealth v. R.O., Dedham District Court (11 1015)
Client is charged with larceny from a building. Convinced the Commonwealth that an alternative disposition is appropriate avoiding a conviction and any admission of guilt by client. Case will end with a dismissal after 6 months as long as there are no new arrests.

Commonwealth v. Y.P., Chelsea District Court (11, 818)
Client charged with assault and Battery on an elderly person causing injury. Client is elderly herself with a history of mental treatment. Investigation into the case revealed the alleged victim to be the aggressor with previous acts of violence against client. Prepared matter for trial. Case dismissed on day of trial.

January 2012

Commonwealth v. L.M., Chelsea District Court (11, 428)
Client is charged with two counts of assault and battery, prepared matter for trial and challenged Commonwealth’s evidence. Both counts dismissed on day of trial.

Commonwealth v. B.R., Boston Municipal Court (11, 4986)
Client charged with assault and Battery with a dangerous weapon and providing a false name. Investigation revealed alleged victim to be aggressor and at fault. Prepared matter for trial. Both matters dismissed against client.

October 2011

Commonwealth v. D.Y., East Boston District Court (09 342)
Client charged with aggravated Assault and Battery and Larceny causing a probation violation on a previous assault case out of the same Court. Client’s family retained me while he was in custody on these matters. At the probation revocation hearing was able to have probation violation matter dismissed for lack of probable cause; client was released while awaiting trial on aggravated Assault and Battery. In January, 2012 was able to have charges dismissed on trial date prior to trial.

August 2011

Commonwealth v. M.R., Brookline District Court (11 604)
Client is charged with two separate counts of driving with a suspended license, the second arrest is only two months after his initial appearance on the first charge. Convinced Commonwealth and Judge to impose an alternative disposition without having to make admissions to either charges; leading to dismissal of both counts after a short term without any further arrests.

Commonwealth v. J.T., Concord District Court (10 279)
Client charged with driving with a suspended license, suspension was for a previous operating under the influence charge. This charge carries a 60 day mandatory minimum sentence because of the fact that the cause of the original suspension was related to an alcohol offense. Provided documentation to Commonwealth regarding client’s personal life; eventually persuading the prosecutor that the matter should be resolved for a lesser offense not carrying a mandatory sentence. Matter was resolved for probation avoiding incarceration.

May 2011

Commonwealth v. R.G., Woburn, Chelsea and Lowell District Courts (0853 1182)
Client is charged with two counts of Breaking and Entering, Larceny, Assault and Battery with a Dangerous Weapon and Vandalism in the Lowell District Court. These new charges cause a probation violation in the Woburn District Court where he was convicted of Assault and Battery. He also was wanted in Chelsea related to a distribution of drugs charge. Was retained by family while client was in custody for these cases. Convinced judge in Woburn to not violate his probation on the new pending charges out of Lowell which involved the same victim, an ex-girlfriend, with whom he had a very rocky relationship. Evidence was presented to Court that new charges were based on unreliable information provided by ex-girlfriend. Client was placed back on probation in Woburn and released from custody. Over the next several months was able to get all the charges in Lowell dismissed by challenging them in Court. Chelsea drug case was resolved avoiding custody and for a term of probation.

Commonwealth v. R.K. Roxbury District Court (11 1489)
Client, a Northeastern University student, is charged with hosting a large party causing the police to respond and arrest him. He is charged with keeping a noisy disorderly house, disturbing the peace, Procuring Liquor for minors, Possession of Liquor under the age of 21. Client is on an academic scholarship which is placed in jeopardy by these charges. Convinced the Commonwealth to offer an alternative resolution avoiding any type of admission to the charges. All charges would be dismissed upon completion of certain conditions including some community service.

April 2011

Commonwealth v. M.P., Newton District Court
Client charged with larceny by scheme of stealing over $25,000 from a former employer. Client now lives and works in California, was able to have his presence waived for the majority of court dates until matter was ready to be resolved. Was able to convince the Commonwealth to reduce the charge to a misdemeanor stealing and protect the client's record by resolving the matter without a conviction. Client returned to Massachusetts to resolve the matter and was then able to fly back that same day to California.

Commonwealth v. T.F. (Juvenile), Boston Municipal Court
Client charged as an adult with armed home invasion, assault and battery with a dangerous weapon with injury and a variety of other charges. Resolved the case keeping the client in a juvenile facility and avoiding imposition of a house of corrections sentence or a state prison term which was being sought by the Commonwealth.

March 2011

Commonwealth v. M.P. Boston Municipal Court
Client charged with stealing a laptop from his employer. Able to protect his record and resolve the matter without an admission, the case is scheduled to be dismissed in September 2011.

Commonwealth v. G.M., Somerville District Court
Client charged with Possession and sale of a controlled substance near a school zone/park. Sale of a controlled substance near a school zone/park carries a 2 year mandatory minimum sentence if convicted. Filed a motion to dismiss and was able to convince Judge to dismiss the school zone charge based on lack of evidence.

February 2011

Commonwealth v. P.T., Framingham District Court
Client charged with 2 counts: domestic assault and battery and assault and battery on a handicapped person. On day of trial was able to have Court dismiss both charges.

December, 2010

Cambridge District Court
Client who is currently living out of the country is charged with having an unregistered and uninsured vehicle after an acquaintance driving the vehicle is pulled over. All charges are dismissed without the client having to appear in court.

Somerville District Court
Trafficking in cocaine charges are dismissed after negotiations with the prosecutor keeping the case in District Court.

Suffolk Superior Court
Client charged with assault with intent to rape, he is accused of following a newspaper delivery woman late at night as she delivers papers and attempting to drag her from her vehicle while his penis was exposed demanding sex. Client is found not guilty after a week long jury trial.

Boston Municipal Court
Client, a US Marine stationed out-of-state, charged with assault and battery on a police officer related to an altercation at a Celtics game receives an alternative disposition avoiding conviction and allowing him to continue service out-of-state and to deploy with his regiment.

November, 2010

Malden District Court
Multiple counts of unlicensed sale of used vehicles are dismissed against client at a clerk magistrates hearing, the case is closed without any charges being issued against the client.

Attleboro District Court
Negligent operation charges are dismissed; client receives an alternative disposition for operating under the influence avoiding conviction upon completion of a term of probation and allowing him to obtain a hardship license.

Concord District Court
Client, a software engineer, charged with operating under the influence has his case brought forward for early resolution and receives an alternative disposition avoiding conviction upon completion of a term of probation. He is able to regain his driver’s license within one week.

October, 2010

East Boston District Court
Charges of Possession with intent to Distribute Drugs reduced to Straight Possession, case on track for dismissal as long as client does not pick up any new charges. Even though client has a previous record of drug distribution and possession Attorney Fernandez was able to convince the prosecutor to reduce the charge to possession of drugs and drop the charge of possession with the intent to distribute. The new charge will be dismissed after a period of time in which the client remains drug free.

Brighton District Court
Charge of Accessory after the Fact dismissed. Attorney Fernandez was able to negotiate a resolution for a University graduate student in which the most serious charge of Accessory after the fact was dismissed. Other charges of Intimidation of a witness and filing a false police report are scheduled to be dismissed after a 1 year period without any new incidents of arrest.

Dedham District Court
Filing False Insurance Claim and attempt to commit a crime, conviction avoided. Client was charged with filing a false insurance claim seeking money for injuries caused by an accident in which she was never involved. A resolution was fashioned to protect the client’s criminal record in which as long as she obeys the law for a period of 1 year the matter will be dismissed without a conviction.

September 2010

Waltham District Court
Charges of Domestic Assault and Battery dismissed against client on day of trial. Client was accused of assaulting and beating the mother of his child after a dispute in the home. Knowing that a conviction would affect his employment and ability to see his child in the future attorney Fernandez was able to have the matter dismissed outright on the day of trial.

Boston Municipal Court
Criminal Charge of Negligent Operation dismissed at Magistrate Clerk’s Hearing. Attorney Fernandez represented a client accused of driving his car into police officer directing traffic at a construction site. At the Criminal Magistrate’s Hearing he was able to avoid any criminal charge being issued against the client by convincing the Magistrate that the charge should not go forward.

Brighton District Court
Charge of Malicious Destruction of Property of a value over $250 dismissed on second court date. Client was accused of slashing the tires of over 20 cars; by involving his investigator immediately attorney Fernandez was able to obtain video surveillance footage proving when his client left a bar at a different location which was just moments before other video surveillance obtained by attorney Fernandez showed suspects at the scene slashing tires who were not his client. The video surveillance along with enlarged still images proved his client could not have reached the area that quickly and that others in fact committed the crime. The charges were immediately dismissed by the prosecutor upon receiving this evidence from the defense.

August, 2010

Dorchester Juvenile Court
Client released on bail after Attorney Fernandez was able to reduce bail from $50,000 to $2,500 on charges of Armed home invasion and Assault with a deadly weapon. Case is still pending.

Boston Municipal Court
Charge of Soliciting a Prostitute avoided at Clerk Magistrate’s Hearing. Client, a financial advisor, had at least 3 prior charges of soliciting a prostitute and faced serious consequences if he were to be charged once again with this offense. Attorney Fernandez was able to obtain a Clerk Magistrate’s Hearing at which he was able to convince the Magistrate to not go forward with the new charge of solicitation ending the matter then and there with a dismissal.