Cases of Our Westwood & Boston Lawyers

These are some of the results that we have recently been able to achieve for our clients. Contact our attorneys today so that we can help you reach the best outcome for your case.

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“FIREMAN LEE GILLIAM RELEASED AND CLEARED OF ALL FALSE CHARGES”

NEWTON, MA- Thursday, February 26, 2015 marked the beginning of what would become a nightmarish ordeal for our client, Lee Gilliam. In the week that followed, this eleven year veteran of the Newton Fire Department, would find himself taken from his home in handcuffs; hauled into court; and held in jail without the possibility of bail. The most troubling thing for Mr. Gilliam was that he knew that he was absolutely innocent of the things he was being accused of doing.

Once at the police station in handcuffs, he learned that his ex-girlfriend was claiming that he has assaulted and kidnapped her. She alleged that he had dragged her by her hair into his home where he threatened to kill her and then held her for hours until she could escape. Mr. Gilliam knew, however, that he had done none of those things. Nonetheless, he was to be arraigned on the serious charges of kidnapping, assault and battery, and threats. The court then ordered that Mr. Gilliam be held without the possibility of bail because the Commonwealth was claiming that he posed a serious danger to the community based on these accusations. In addition, the court granted his ex-girlfriend a restraining order against Mr. Gilliam because she claimed to be in fear of him.

Immediately after he contacted us at Eisenstadt, Krippendorf & Galvin, we began to work to get Mr. Gilliam released and cleared of these false charges. We began an intensive investigation of the allegations. Within days, we obtained cell phone records, interviewed witnesses, and sent our investigator to the scene where the crimes supposedly occurred. Meetings with our client and his family members quickly continued to drive our investigation of these false charges.

Through those concerted efforts, we were able to pick apart the “victim’s” claims and show – definitively – that they could not have, and did not happen. We provided critical information to the District Attorney’s Office that demonstrated Mr. Gilliam’s innocence and requested that Mr. Gilliam be released and all charges be dismissed. Based on the information we provided and their own confirmatory investigation, the District Attorney’s Office filed a “Nolle Prosequi” withdrawing all charges. They then cooperated in securing Mr. Gilliam’s release from custody.

After succeeding in getting him released, we went to court with Mr. Gilliam the following morning and had the restraining order against him immediately terminated. While he is grateful that the nightmare is effectively over for him, he is discovering the unfortunate truth that restoring a reputation that has been tarnished by such allegations, even when proven false, is a difficult process.

The events in this case should, hopefully, remind people that not all allegations are true, that being charged with a crime is very different from being convicted of a crime, and that the legal system can work for those falsely accused of crimes. We applaud the Middlesex District Attorney Marian Ryan’s Office for working with us in this case; remaining open and aware of their mission for true justice; and for agreeing to drop all of the charges against Mr. Gilliam once the truth came to light.

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Operating Under the Influence of Alcohol (OUI, DUI)

The Trooper testified that our client sped negligently into a sobriety checkpoint nearly hitting other cars and officers.  When asked for his license and registration, the client handed a credit card to the trooper.  When told to get out of the vehicle, the client stumbled out of the car and had trouble walking.  He had to hold onto the door for balance while standing.  The trooper testified that the client was slurring his words and had a strong odor of alcohol coming from his breadth.  According to the trooper, the client failed the field sobriety tests that were conducted.

Result: Not Guilty

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Motor Vehicle Homicide

Our client was charged with motor vehicle homicide after striking and killing a bicyclist while driving. After consulting with experts and accident reconstructionists, we took the case to trial. The lengthy trial included testimony from our own expert and an expert from the state police tesitifying against our client. We aggressively cross-examined the police officer witnesses and the defendant was acquitted of all charges.

Result: Not Guilty

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Operating Under the Influence of Alcohol 2nd Offense (OUI/DUI)

Our client pulled into a sobriety checkpoint and the troopers made observations that he had blood-shot eyes, a strong odor of alcohol coming from inside the vehicle and that he was slurring his words.  When asked, the client admitted to having four rum and cokes and some wine to drink prior to driving.  He was asked to perform field sobriety tests.  A trooper testified that the defendant fell onto the hood of his car while attempting one of the tests.  According to the police, the client failed all of the field sobriety tests.

Result: Not Guilty

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Forgery, Uttering, Credit Card Fraud, Identity Fraud, Larceny

The defendant was charged with two counts of Uttering, two counts of Forgery, two counts of Improper Use of a Credit Card, Identity Fraud, two counts of Larceny, and Receiving Stolen Property. Our attorney put forth a motion to dismiss to the court that was allowed.

Result: Case Dismissed

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Domestic Assault and Battery

The defendant was charged in the Dedham District Court with domestic assault and battery. The case was tried to a jury. Our attorney presented evidence on behalf of the defendant, aggressively cross-examined the prosecution’s witnesses and successfully argued the case to the jury. After the jury trial, the defendant was found not guilty.

Result: Not Guilty

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Identity Fraud, Criminal Harassment, Witness Intimidation

Our client was accused of Identity Fraud, Criminal Harassment, and Witness Intimidation in the Marlborough District Court. The case involved computer records and phone records that were subpoenaed to court, along with a number of witnesses from all over the country. We pushed the case to trial and, on the trial date, all charges against the defendant were dismissed.

Result: Case Dismissed

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Possession of a Firearm, Possession of Ammunition

Our client was charged with possession of a .38 caliber handgun, and four hollow-point rounds of ammunition in the Boston Municipal Court (BMC). We filed a motion to suppress with the court that was successful. The motion to suppress was allowed.

Result: Motion to Suppress allowed. Evidence Suppressed. Case Dismissed.

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Operating Under the Influence of Alcohol (OUI, DUI)

The Police officer testified that he was driving behind our client and observed her continuously drive over the fog line on the right side of the road.  The officer pulled the vehicle over and approached the client.  His observations included slurred speech, blood-shot eyes, unsteady balance and a strong odor of alcohol coming from the client.  The client also made admissions to drinking alcohol that evening.  The client failed all of the field sobriety tests that were conducted.

Result: Not Guilty

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Violation of a Restraining Order (VRO, 209A)

The accused was charged with 2 counts of violating a restraining order in the Stoughton District Court. A motion to dismiss was argued to the judge. The motion was allowed and the case was dismissed.

Result: Case Dismissed

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Assault and Battery (A&B)

The defendant was accused of assault and battery in the Boston Municipal Court. A motion to dismiss was argued to the judge and allowed. Case dismissed.

Result: Case Dismissed

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Assault and Battery with a Dangerous Weapon (ABDW)

The defendant was accused of assault and battery with a dangerous weapon in the Boston Municipal Court. A motion to dismiss was argued to the judge and allowed. Case dismissed.

Result: Case Dismissed

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Assault and Battery (A&B)

The defendant was accused of assault and battery in the Stoughton District Court. A motion to dismiss was argued to the judge and allowed. Case dismissed.

Result: Case Dismissed

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Larceny

The defendant was charged with Larceny of Property Valued at Over $250. Our attorney was able to negotiate a resolution of pre-trial probation for the defendant. Pre-trial probation is a disposition that does not require a plea or admission by the accused. After a period of time, if the defendant stays out of trouble, the case is dismissed.

Result: Pre-trial Probation

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Felony Larceny

The defendant was accused of Larceny Over $250 in the Stoughton District Court. We were able to negotiate a settlement in which the case was dismissed on court costs.

Result: Case Dismissed

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Possession with Intent to Distribute

The defendant was charged with Possession of a Class B Substance with Intent to Distribute. Our attorney was able to file a motion to dismiss based on the fact that there was insufficient evidence that the defendant had the intent to distribute the class B substance. After a hearing on the motion, the motion to dismiss was allowed and we were able to negotiate a settlement to Possession of a Class B Substance, saving our client from a felony conviction and the increased penalties that come with it.

Result: Charges Reduced from Felony to Misdemeanor

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Threats

The defendant was facing charges of threats in the West Roxbury Division of the Boston Municipal Court (the West Roxbury Municipal Court, the West Roxbury District Court). Our motion to dismiss the charges was allowed. Case dismissed.

Result: Case Dismissed

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Breaking and Entering (B&E), Resisting Arrest, Disorderly Conduct

Our juvenile client was charged in the Hingham Juvenile Court with Breaking and Entering (B+E), Resisting Arrest, Trespassing, and Disorderly Conduct. Our attorney was able to negotiate a resolution of pre-trial probation for the defendant. Pre-trial probation is a disposition that does not require a plea or admission by the accused. After a period of time, if the defendant stays out of trouble, the case is dismissed.

Result: Pre-trial Probation

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Violation of a Restraining Order (VRO)

The defendant, charged with violation of a restraining order, was facing serious immigration consequences as a result of the case. Our attorney made a motion to dismiss that was allowed by the court.

Result: Case Dismissed

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Larceny by Check

Our client was accused of defrauding a restaurant of $3,000.00. He was charged with two counts of felony larceny by check. Our attorney was able to negotiate a resolution of pre-trial probation for the defendant. Pre-trial probation is a disposition that does not require a plea or admission by the accused. After a period of time, if the defendant stays out of trouble, the case is dismissed.

Result: Pre-trial Probation

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Larceny, Uttering a False Check

Our client was charged with one count of Larceny and ten counts of Uttering a False Check in the Stoughton District Court. We were able to successfully make a motion to dismiss to the court.

Result: Case Dismissed

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Probation Violation

Our client was being accused of a probation violation in the Charlestown Division of the Boston Municipal Court (Charlestown Municipal Court, Charlestown District Court). Our attorney presented evidence, cross-examined witnesses and argues on behalf of the client at a full probation surrender hearing. After hearing, the defendant was found not to be in violation of his probation.

Result: No violation of probation

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