OUI, A&B on a Police Officer
The defendant was involved in a motor vehicle accident. During transport there was a disagreement between the accused and the trooper. The trooper beat the accused causing significant injuries and claimed the injuries were caused by a fall at the station. The defendant was acquitted of all charges.
Domestic violence – Probation Violations
A licensed medical professional was falsely accused by his girlfriend of domestic violence. The accusations led to five separate cases, violations of terms of release, incarceration and extraordinary personal loss. After the first jury trial, the ex-girlfriend was a demonstrated perjurer and after submission to the District Attorney’s Office, other related cases were dismissed. Two years of litigating all of the remaining cases led to dismissals of all trials at each of their trial dates.
The defendant, a schoolteacher with an unblemished record, visited a bar in the Fenway area with friends. While at the bar the defendant was falsely accused of a sexual assault by a stranger. The defense actively investigated the accuser and her boyfriend and learned about the boyfriend’s long history of violence and incarceration. The defendant, facing incarceration and inclusion in the sex offender registry list, went to trial and the case was tried over three days. The jury returned a not guilty verdict in less than 15 minutes.
Assault and Battery Dangerous Weapon - automobile
Attorney Brennan represented a business executive who was charged with punching her ex-husband’s wife and then getting into her car and running into her during a heated exchange of property. With no criminal record, the felony charges would have permanent consequences and the woman was facing the prospect of two-and-a-half years in jail. Attorney Brennan successfully defended the restraining orders her ex-husband and sister took out against her and the restraining orders were dismissed after a contested hearing. Attorney Brennan used the transcripts and prior testimony from the restraining order hearing at trial. After a two-day trial the woman was acquitted of all charges.
Drug Trafficking – Mandatory Minimum 12-Year Sentence
The defendant’s home was raided by police pursuant to a search warrant. Police found substantial money, drugs and paraphernalia throughout her house. The defense litigated and sought the identification of the confidential informant. The defense was successful in compelling the production of the identification of the confidential informant and in consequence, the government dismissed all charges.
White Collar Crime
The defendant was accused of embezzling hundreds of thousands of dollars from his former employer. The investigation revealed the business owner had engaged in practices that circumvented state and federal tax law. The defendant was investigated at the pre-indictment stage and the Government made several offers to resolve prior to indictment. All offers were rejected by the defense and the effort remained solely focused on the accuser’s business practices in preparation for trial. After eighteen months of investigation and negotiation, the defendant was not indicted and was not charged with any crimes nor paid any fines.
Federal Drug Trafficking
The defendant was charged in Federal Court with trafficking over fifteen kilos of cocaine - an amount that carried a ten-year mandatory minimum sentence. After litigation the defendant was offered a resolution with less than a five-year sentence.
Assault and Battery on a Police Officer
A police officer responded to a 911 domestic call and went to the wrong apartment. When the homeowner would not let him in, he pulled her from the home and tasered her. The defense investigated and obtained extensive files from federal civil lawsuits against the officer, used Rule 17 subpoenas to obtain personnel records of the officer. It was discovered that the officer had a taser problem and the case was dismissed.
OUI - The Influence of Alcohol 2nd Offense – Negligent Operation
The defendant was alleged to have driven on a sidewalk in a busy vacation area. The defense investigated the scene and photographed the sidewalk to demonstrate that the sidewalk was worn down because of a past pattern of other travelers parking on the sidewalk. The defendant was acquitted at trial.
Domestic Violence – Probation Surrender
The defendant was charged with assaulting his girlfriend, intimidation of a witness and violation of probation. Attorney Brennan was retained after the defendant was incarcerated based on his preliminary probation violation. Attorney Brennan successfully fought the defendant’s probation surrender hearing and obtained the client’s release until trial. Through an active and aggressive investigation Attorney Brennan obtained substantial information to assist in impeaching witnesses at the trial. In consequence, the witnesses asserted their Fifth Amendment Privileges at trial and the case was dismissed at trial.
OUI Child Endangerment
The defendant, a professional, was speeding late at night while driving home with his child. A trooper arrested the defendant for the above charges. At trial the trooper’s inexperience was highlighted to show that charges should not have been brought. After the defendant’s acquittal he sought and received his driver’s license back after a refusal of a breath machine test.
Operating Under the Influence of Alcohol
The defendant took a breath test and registered .12. The defense litigated the case despite the breath test reading. The defendant is a pilot and a plea bargain was a last resort, as even if the case is possibly a plea bargain often positive results occur through thorough litigation. At a motion to suppress hearing the case was dismissed.
The defendant was charged with Armed Robbery. His co-defendant plead guilty. The cross examination revealed that witnesses were uncertain of details and their testimony varied from numerous police reports. The defendant was acquitted.
Assault and Battery Dangerous Weapon on a Police Officer
The defendant, a professional woman, answered the door in the early morning hours after State Police banged on her door to pursue an arrest warrant. The defendant had nothing to do with the warrant, however, the troopers forced their way into her building and physically pushed her. When she called the station to complain, the police took out a complaint against her a week later. A felony conviction would deprive her of her professional license. Subpoenas for 911 calls were used to demonstrate the false testimony at trial leading to acquittal.