2011 Cases
Boston Municipal Court
Roxbury Division
The defendant is charged with domestic assault and battery. The government alleged the defendant was engaged in an argument with his girlfriend and the argument turned physical. Attorney Miller interviews alleged victim who states the argument was never physical. Attorney Miller prepares for trial.
Result: Case dismissed on the day of trial.
Chelsea District Court
The defendant was charged with Operating under the influence of liquor, second offense and negligent operation of a motor vehicle. The government alleged a police officer observed the defendant and her passenger changing a flat tire alongside the road. The officer stopped to assist. While speaking with the defendant the officer observed the defendant to be unsteady on her feet, smelled a strong odor of alcohol and noted her eyes were bloodshot and glassy. The passenger informed the officer the defendant was the driver of the car. Prior to trial, Attorney Miller files motion to dismiss negligent operation charge. Prosecutor concedes motion. Attorney Miller prepares for trial. During preparation, Attorney Miller drafts motion in limine to exclude the statement of the passenger. On day of the trial, the trail Judge ALLOWS the motion to exclude the statement. At trial, the booking officer testifies he was unable to fingerprint the defendant during booking due to the perceived level of intoxication.
Result: Jury finds defendant NOT GUILTY
Wrentham District Court
The defendant was charged with operating under the influence of intoxicating liquor, second offense. The government alleged the defendant was involved in a car accident while leaving a crowded area. The Trooper who was directing traffic walked to the accident site within a few seconds after the accident. The Trooper testified the defendant had difficulty reciting the alphabet and appeared to be unsteady on his feet. The Trooper also smelled the odor of “digested alcohol.” Attorney Miller retains a doctor specializing in traumatic brain injury. The doctor testifies about the possible effects of a traumatic brain injury suffered by the client approximately 10 years earlier.
Result: Jury finds defendant NOT GUILTY
Chelsea District Court
The defendant was charged with armed home invasion. The charge was reduced to remain in the District Court jurisdiction. Attorney Miller investigates a bizarre set of facts surrounding the case and prepares for trial.
Result: Case dismissed on the day of trial.
Chelsea District Court
The defendant was charged with a variety of felony firearm offenses, felony possession with intent to distribute a class B substance and resisting arrest. In a fact intensive case, police seize the defendant’s bag and find 50 + crack rocks. The defendant is placed under arrest and transported to the police station. At the station, the police seize a firearm that is alleged to drop from the defendant’s pant leg. The booking video at the station captures the incident on video. Attorney Miller files a motion to suppress all evidence. After a suppression hearing, the Judge ALLOWS the defendant’s motion to suppress.
Result: After hearing, Motion to suppress ALLOWED, Commonwealth appeals. Appeals Court affirms Judge’s decision ALLOWING the Motion to Suppress.
Chelsea District Court
The defendant is charged with carrying a dangerous weapon. The government alleged a police officer observed the defendant acting “suspiciously” in a “high crime” area. The officer noticed a bulge in the defendant’s jacket and performed a pat-frisk which resulted in the seizure of a knife. Attorney Miller files a motion to suppress contesting the legality of the pat-frisk.
Result: After hearing, Motion to suppress ALLOWED, case dismissed.
Boston Municipal Court
Roxbury Division
The defendant is charged with felony assault and battery by means of a dangerous weapon; to wit: wall. The government alleged the defendant was engaged in an argument with his daughter and banged her head against the wall. Attorney Miller interviews witnesses and prepares for trial.
Result: Case dismissed on the day of trial.
Chelsea District Court
The defendant is charged with unarmed robbery, a life felony. At the probable cause hearing, the government reduces the charge to larceny from a person. The government alleged the defendant approached a 15 year-old man and grabbed a gold chain from his neck. The police allege they see the alleged victim on surveillance video from neighboring businesses, but do not see the defendant. The police do not make a copy of the video. Attorney Miller files a motion to dismiss the complaint based on police failure to preserve the tape. The motion Judge denies the motion. Attorney Miller prepares for trial. As part of trial preparation, Attorney Miller prepares a jury instruction for lost evidence.
Result: Case dismissed on day of trial.
Boston Municipal Court
Central Division
The defendant was charged with assault and battery on a retarded person. The government alleged the defendant and co-defendant beat the alleged victim at a bus stop. Attorney Miller investigates the case and discovers the alleged victim and the co-defendant’s were involved in an altercation at a homeless shelter about an hour prior to the incident. During the altercation, witnesses heard the alleged victim threaten the defendant’s. On the day of trial, the government has multiple civilian witnesses prepared to testify. Attorney Miller raises Fifth Amendment privilege of alleged victim. The trial Judge appoints counsel for the alleged victim. The alleged victim asserts her Fifth Amendment privilege.
Result: Case dismissed on the day of trial.
Boston Municipal Court
Central Division
The defendant is charged with stalking and threats to commit a crime. The government alleged the defendant stalked the alleged victim over a period of 15 months and ultimately made a serious threat. Attorney Miller investigates. The investigation reveals the alleged victim engaged in significant number of phone calls with the defendant where she initiated the call. Attorney Miller prepares for trial.
Result: Case dismissed on day of trial.
Chelsea District Court
The defendant is charged with assault and battery. The government alleged the defendant was under the influence of alcohol and engaged in a fight with his roommate. The roommate suffered injuries to his hands. Attorney Miller investigates case and prepares for trial.
Result: Case dismissed on the day of trial.
Chelsea District Court
The defendant is charged with 5 felony counts of breaking and entering a motor vehicle with the intent to commit a felony. The government alleged the police received an anonymous phone call stating there was a man in the neighborhood breaking into cars. The unknown caller gave a general description of the perpetrator. Police respond to the scene and observe the defendant walking about two blocks from the alleged break-ins. The time was about 4:00 a.m. The police officer testified that it appeared the defendant had something underneath his coat. The officer described it as bell-shaped. The officer performs a pat-frisk and seizes multiple GPS systems. Attorney Miller files a motion to suppress contesting the legality of the search.
Result: After hearing, Motion to suppress ALLOWED, prosecutor moves to dismiss case.
Boston Municipal Court
Central Division
The defendant, an out-of-state truck driver, was charged with resisting arrest and disorderly. The government alleged the defendant stopped his tractor-trailer at the entry of the 93 northbound tunnel. As a result, no traffic is able to enter the tunnel. Police approach the cab of the trailer and order the defendant from the cab. The defendant does not respond. The officer pulls the driver from the cab and places him under arrest. Attorney Miller files a motion to dismiss based on no probable cause to charge the defendant with resisting arrest. Prosecutor conferences with Attorney Miller and agrees to dismiss case.
Result: Case dismissed.
Chelsea District Court
The defendant is charged with assault and battery. The government alleged the defendant engaged in a fight with the alleged victim at a local convenience store. Several civilian witnesses observe the altercation. Attorney Miller investigates the case and interviews the witnesses. Attorney Miller prepares for trial.
Result: case dismissed on the day of trial.
Chelsea District Court
The defendant is charged with domestic assault and battery. The government alleged the client engaged in a fight with his girlfriend and struck the alleged victim in the face. Attorney Miller interviews the alleged victim who has a different account of the incident. Attorney Miller prepares for trial.
Result: Case dismissed on the day of trial.
Chelsea District Court
The defendant is charged with felony assault and battery on a pregnant person, felony assault and battery by means of a dangerous weapon; to wit: shod foot and assault and battery. The government alleged the defendant was engaged in a fight with the alleged victim while knowing her to be pregnant. During the course of the incident, the government alleged the defendant kicked the alleged victim. Attorney Miller files a motion to dismiss, arguing there was insufficient probable cause to establish the defendant knew the alleged victim was pregnant and no probable cause to believe the defendant was wearing shoes. Motion to dismiss felony counts ALLOWED. Prosecutor proceeds on misdemeanor charges. Attorney Miller prepares for trial.
Result: Case dismissed on the day of trial.
Chelsea District Court
The defendant was charged with possession of burglarious tools, breaking and entering and attempt to commit a crime. All three charges are felonies. The government alleged a neighbor called the police and reported two men were breaking into the house next door. The police respond to the address. As the officer is walking to the back of the house, a neighbor states “be careful, one of them has a knife.” Police observe the defendant in the backyard, looking into the engine compartment of an old truck in the backyard. Attorney Miller prepares for trial.
Result: Jury finds defendant NOT GUILTY of all charges.
Chelsea District Court
The defendant is charged with felony breaking and entering of a motor vehicle at night with the intent to commit a felony and assault and battery. The government alleges the defendant was seated in the alleged victim’s car when the alleged victim opened the car door. The defendant and the alleged victim engaged in a struggle and the defendant ran into his girlfriend’s house. During the investigation, Attorney Miller discovers the defendant’s girlfriend had a similar car. Attorney Miller prepares for trial.
Result: Case dismissed on the day of trial.
Boston Municipal Court
Roxbury Division
The client contacts Attorney Miller and informs him a restraining order is listed on his record in error. Attorney Miller investigates and is able to prove the order issued in error. Attorney Miller files a motion to remove the restraining order from the client’s record. The motion Judge ALLOWS the motion.
Result: Restraining order removed from client’s record.
Chelsea DIstrict Court
The defendant was charged with operating under the influence of liquor. The government alleged the police received an anonymous 911 call stating a certain car was “all over” the road. The unknown caller forced the defendant to the side of the road when they entered into a rotary. The unknown caller remained at the scene until police arrived and then yelled out the window, the defendant was drunk and left without making himself known. The officer performed field sobriety test and concluded the defendant failed the tests. During booking, the defendant apologized for drinking and driving. Attorney Miller files a motion to suppress and unknown caller effected a defacto arrest without authority. The motion Judge denied the motion to suppress. Attorney Miller prepares for trial.
Result: Jury finds defendant NOT GUILTY
Boston Municipal Court
Central Division
The defendant was charged with assault and battery on a police officer. The government alleged the defendant refused to exit an overcrowded elevator. A detail police officer refused to let the elevator depart until the defendant exited. After a period of time, the defendant left the elevator and brushed against the police officer. Attorney Miller investigates and finds independent witnesses with a different account of the incident. Attorney Miller prepares for trial.
Result: Case dismissed on the day of trial.
Boston Municipal Court
Central Division
The defendant was charged with failure to register as a sex offender. Attorney Miller requests the arraignment be continued. The Judge agrees. Attorney Miller investigates circumstances of case. Attorney Miller conferences with prosecutor and demonstrates no violation.
Result: Case dismissed prior to arraignment.
Chelsea District Court
The defendant is charged with felony assault with a dangerous weapon; to wit: mini-sword. The government alleged the defendant assaulted the alleged victim with a mini-sword. The alleged victim stated he was involved in a verbal altercation with the defendant. The alleged victim returned to his apartment and called police. When police arrived, one officer ascended up the back staircase to the defendant’s apartment. The officer observed the defendant walking down the steps with the mini-sword. Attorney Miller files a motion to dismiss arguing no probable cause to find an attempted battery or an immediately threatened batter.
Result: Prosecutor concedes motion to dismiss, case dismissed.
Boston Municipal Court
Central Division
The defendant is charged with possession with intent to distribute a Class B substance and doing so within 1000 feet of a school. The school zone carries a mandatory 2 year sentence in the House of Correction. The government alleged the defendant was a passenger in a car when and undercover police officer entered the car to purchase drugs from the driver. The driver handed the money to the defendant, who was seated in the front passenger seat. Attorney Miller works with immigration attorney and conferences case with prosecutor.
Result: Pretrial probation, no admission, no jail time.
Chelsea District Court
The defendant was charged with felony uttering of a check. The government alleged the defendant cashed a forged check in the amount of approximately $3000 while knowing it to be false. Attorney Miller investigates the case and interviews witnesses. Attorney Miller prepares for trial.
Result: Pretrial probation, no admission, no conviction, no jail time.
Chelsea District Court
The defendant is charged with two counts of open and gross lewdness and tow counts of lewd, wanton, lascivious conduct. The government alleged the defendant was masturbating in his car on two separate occasions. The government tracks defendant down approximately two weeks after the incidents. The police call the defendant to the police station where the defendant provides a recorded statement. Attorney Miller files a motion to suppress the statement based on the fact the statement was not voluntary. The motion Judge ALLOWS the motion to suppress in part.
Result: Probation, defendant avoids jail sentence.
Cambridge District Court
The defendant is charged with failure to register as a sex offender. The government alleged the defendant failed to provide notice of an address change 10 days before moving as is required by the statute. Attorney Miller investigates the facts and files a motion to dismiss based on no probable cause to find a violation. The motion to dimiss is denied. Attorney Miller prepares for trial.
Result: On the day of trial, the prosecutor files a Nolle Prosequi stating they cannot meet their burden of proof.
Chelsea District Court
The defendant is charged with felony receipt of a stolen motor vehicle and multiple counts of felony receipt of stolen property. The government alleged police received a report of a stolen car. The car was equipped with Lojack. Within 1 hour of the call, police tracked the car to the defendant’s address. As police were preparing to engage the defendant, the car backed out of the driveway. Numerous police officers stop the car and order the defendant from the car at gunpoint. Upon his exit, the defendant made statements inferring knowledge that the car was stolen. There was no other indicia of a break to the car. Attorney Miller files a motion to suppress several statements. Motion Judge ALLOWS the motion to suppress.
Result: On the day of trial, prosecutor moves to dismiss case based on allowance of motion to suppress.
Chelsea District Court
The defendant was charged with assault and battery. The government alleged the defendant assaulted a neighbor inside his apartment. Attorney Miller investigates and interviews percipient witness who states the defendant was the victim. Attorney Miller prepares for trial.
Result: Case dismissed on the day of trial.
Chelsea District Court
The defendant is charged with felony insurance fraud. The government alleged the defendant, a small business owner, received insurance payment for work that was not performed. The government provides a significant paper trial of documents in discovery. Attorney Miller investigates case and prepares for trial. During trial preparation, Attorney Miller prepares motions in limine to exclude certain documents. On day of trial, the trial Judge ALLOWS the motions in limine. Based on Judge’s ruling on motions in limine, prosecutor announces they cannot sustain their burden.
Result: Case dismissed on day of trial.