Attorney Anthony M Salerno's Legal Cases

Criminal defense

Commonwealth v. JL 13CR0001

Apr 16, 2013

OUTCOME: ALL CHARGES DISMISSED

Westboro: Grafton Police responded to a domestic call in their town. Upon arrival they were met by a women who requested police remove her husband from the marital home. The husband was extremely ... intoxicated at the time police arrived. The client argued with police that he did not want to vacate his home, for fear he would be arrested once outside or if he had to drive away. Police physically started to move the client from his home. The client raised his hands in a sign of non-compliance indicating he was not going to leave. He was immediately physically detained, put on the floor and handcuffed. He was charged with Assault & Battery on a Police Officer, Assault & Battery on his wife and Disorderly Conduct. The wife, who police had alleged was a victim, corroborated the client's version of the incident. ALL CHARGES DISMISSED 13CR0001 Real Cases, Real People, Real Results

Criminal defense

Commonwealth v. JR 12CR0219

Apr 12, 2013

OUTCOME: NOT GUILTY

Westboro: A Shrewsbury man who had a criminal harassment order issued against him, was arrested by police for allegedly violating the order. Police believe that the client violated the order at th ... e last place you would suspect: church! A female neighbor had obtained a criminal harassment order against our client over several allegations. While at a recent 9 o'clock mass, the neighbor told police that the client had glared over at her while she sat in the first pew, causing her to feel terrified. The neighbor went to police after the mass, reporting her complaints. Police immediately proceeded to the client's home and arrested him in front of his family. At trial we presented evidence that our client had always attended the 9 o'clock mass and normally sat in the same location each week. The neighbor did not routinely attend any particular mass. We introduced further evidence from the priest who was present at the mass, that corroborated our client's story, as to his habits and location within the church. Based upon the priest testimony and additional evidence, it would not have been possible for our client to have intentionally committed a violation of the harassment order. NOT GUILTY Real Cases, Real People, Real Results 12CR0219 --

Criminal defense

Commonwealth v. MG 11CR1399

Apr 09, 2013

OUTCOME: NOT GUILTY

Ayer: An Abington Woman was stopped by State Police on Route 2 East in Littleton. Police allege they received a call from a "concerned motorist" that there was an erratic driver traveling down ... the highway. State Police set up a cruiser on the side of the road while another drove down Route 2 in search of the vehicle. Police located the vehicle and pulled it over. Police noticed an odor of alcohol on the driver who was alone in the car. Police got the driver out of the car and began questioning her. The police testified that the driver was unsteady on her feet while exiting the car. We provided evidence that it was misty out and the client had on flip flops, thereby making her footing unstable. The client politely refused to answer any questions as to her consumption of alcohol. Additionally, she refused to do any Field Sobriety Tests (always a good idea as there is no penalty or loss of license or other ramifications for refusing the FST). The client also refused the Breath Test. Although there is a 6 month loss of license for the refusal, this also is recommended for your defense. The client remained calm and polite throughout her involvement with the police but maintained her ground, refusing to give evidence against herself. Armed with all the right choices by the client, we were able to win her acquittal swiftly. NOT GUILTY Real Cases, Real People, Real Results. 11CR1399

Criminal defense

Commonwealth v. NH 12CR3242

Apr 08, 2013

OUTCOME: NOT GUILTY

East Brookfield: A Millbury man was arrested by Webster Police and charged with OUI and a Marked Lanes violation. Police responded to an accident scene. Upon arrival they discovered our client ... walking a short distance away. There was no one else in the immediate area but for the client. Police questioned the client as to what had occurred. The client advised police that a coyote had ran in front of his car causing him to swerve off the road striking a tree. Police detected an odor of alcohol on the client's breath and requested he perform a series of Field Sobriety Tests. (recommended that you do not agree to do any tests). Upon completion of the tests, the client was arrested. At trial we were successful in convincing the jury that our client's performance on the Field Sobriety Tests were a result of his lack of coordination rather than being under the influence. We secured a DVD recording of the client's movements during the booking procedure at the police station. The recording further supported our position, as the client's normal everyday movements showed no ill effects of alcohol. NOT GUILTY VERDICT Real Cases, Real People, Real Results 12CR3242

Criminal defense

Commonwealth v. SB 13CR-1233

Apr 02, 2013

OUTCOME: ALL CHARGES AGAINST OUR CLIENT WERE DISMISSED

Worcester: A Worcester man was arrested by police and charged with Domestic Assault and Battery and Threatening. The victim had alleged that our client had assaulted her in a parking lot of a bi ... g box store. In addition to the assault the victim also alleged that the client had threatened her by taking her car keys away. The victim went to the police with her story and shortly thereafter our client was arrested and charged. The victim and our client are in the middle of a divorce. During our investigation of the case it was discovered that the parking lot was equipped with surveillance camera and the victims story did not hold water. The client was able to actually obtain charges on the "victim" for her conduct. In the end, ALL CHARGES AGAINST OUR CLIENT WERE DISMISSED. Real Case, Real People, Real Results. 13CR1233

Criminal defense

Commonwealth v. RB 12CR461

Apr 01, 2013

OUTCOME: ALL CHARGES DISMISSED

Sturbridge: Two Worcester men were arrested after State Police stopped their car on Route 84 in Sturbridge for an alleged tail light violation. Troopers testified that upon approaching the vehic ... le, they could detect an odor of marijuana coming from the interior of the car. The driver and his passenger both presented valid licenses. The two men were ordered out of the car and patted down. The search of both men revealed no evidence. The troopers then entered the car and proceeded to search the entire vehicle. Subsequently, the troopers located 650 Oxycontin tablets in the car air vent. After both men were booked at the State Police Barracks, they were placed in a cell that was monitored. Unbeknown to either man, the police were able to hear their conversations acknowledging purchasing the pills in New York City. Our office file a motion to suppress any evidence seized as a result of the illegal search of the car. At issue was the "odor" of marijuana as grounds for ordering both men out of the vehicle. The troopers were unable to establish that the odor detected, was new or old. Neither could they provide evidence that the odor was from a small amount or a large amount of pot. The very same odor could not provide the exact location/origin of the marijuana. With the demonstrated lack of probable cause to search, we were successful in having all the evidence suppressed. With the evidence excluded the prosecution was unable to go forward thereby dismissing all charges. Real Cases, Real People, Real Result 12CR461

Criminal defense

Commonwealth v. Client KL 09-CR8584

Mar 21, 2013

OUTCOME: CASE CONTINUED AND DISMISSED

Worcester, A Worcester woman was indicted on Drug Trafficking and Violations of Drug Laws within a School Zone. The charges were brought after police obtained a search warrant and raided her hom ... e that she had shared with her boyfriend. We provided evidence that supported the defense of Battered/Abused Woman Syndrome. The client had been in a domestic relationship with a man who had abused her over the course of the relationship. The client was unable to escape the grip of her abuser who controlled her life. He was an active drug dealer who involved her in his trade. Upon their arrest, he jumped bail and fled the country, leaving her to answer to the charges. After almost four years of court appearances, hearings and motions, the case came to a close. We were successful in convincing the court to not enter any finding against the client but rather continue the case for a short period of time, in a pre-trial status and then eventually having it dismissed with no charges attributed to our client. Real Cases, Real People, Real Results. 09-CR8584

Criminal defense

Commonwealth v. Client MD 12-CR1527

Mar 18, 2013

OUTCOME: ALL CHARGES DISMISSED

Marlboro A Milford man was charged by Marlboro Police with striking and damaging a bank drive up, subsequently fleeing the scene. Police apprehended the client and charged him with Leaving The S ... cene of a Property Damage Accident. The evidence showed that the client was operating a "box-truck" with an unusually high roof. Unfamiliar with the truck and the bank building, the client did not judge the proper clearance to allow the truck to pass through. After the collision, it appeared that bank personnel assumed that a robbery was in progress and initiated the necessary precautions. The driver of the truck became frightened by all the commotion, and sought to get out of the area as soon as possible. After it was learned that this was a simple accident and nothing more, the appropriate insurances came into play to take care of the property damages. All criminal charges against the client were dismissed. Real Cases, Real People, real Results. 12-CR1527

Criminal defense

Commonwealth v. Client FM 12-CR3535

Mar 15, 2013

OUTCOME: NOT GUILTY

Worcester A Worcester man was recently arrested by Auburn Police after a three car accident. The client was charged with Operating Under the Influence of Alcohol. Police allege that the client ... had driven down a street at a high rate of speed losing control and crashing into two cars parked in a driveway. The homeowner came out after hearing the crash and called the police. The police called in their accident reconstruction team in an effort to rebuild the accident. The evidence at trial dealt with the highly technical exercises of accident reconstruction. We challenged the method by which the police reconstruction team determined the critical speed of our client's car. The skid marks, the tool used to determine the radius of the road, along with the drag factor used to establish the friction between the tires and asphalt all proved to be suspect. With the appropriate measurements and the correct formula, we were able to demonstrate to the court that our client's speed could have been much lower than police suggested. Additionally, we were able to diminish the effect of the Field Sobriety Tests to the point that they did not prove intoxication thereby allowing a NOT GUILTY verdict. Real Cases, Real People, Real Results. 12-CR3535

Criminal defense

Commonwealth v. Client BS 12-CR1455

Mar 14, 2013

OUTCOME: ALL CHARGES DISMISSED

A Holden man was charge with failing to register as a sex offender. Police allege the client who was registered with Holden Police, had moved to Worcester, failing to notify Holden Police of his depar ... ture and Worcester Police of his arrival. Registration with your local police department is required by law. We were successful in providing evidence that the client did not actually change his residence. In this case, the evidence established that the client had a dispute with his wife and temporarily stay with a friend till things cooled down. Our investigation further revealed, that it was an off duty police officer lived in the same neighborhood as the client. The off duty officer had expressed to others in the past, that he wanted the client out of the neighborhood. Here was no secret as to who may have been the "anonymous caller" who notified police of the client's movement. Additionally, the Holden Police had no authority to charge the client with any violation outside of the town of Holden when they charged him with failing to register in Worcester. The totality of the evidence presented on behalf of our client proved strong enough, to have all the charges against him dismissed. Real Cases, Real People, Real Results. 12-CR1455

Anthony M Salerno's Legal Cases (60)

Commonwealth v. JL 13CR0001

Commonwealth v. JR 12CR0219

Commonwealth v. MG 11CR1399

Commonwealth v. NH 12CR3242

Commonwealth v. SB 13CR-1233

Commonwealth v. RB 12CR461

Commonwealth v. Client KL 09-CR8584

Commonwealth v. Client MD 12-CR1527

Commonwealth v. Client FM 12-CR3535

Commonwealth v. Client BS 12-CR1455