Attorney David Andrew Leon's Legal Cases

Criminal defense

Possess Large Capacity Firearm, Carry Firearm without License, Carry Loaded Firearm, Possess with Intent to Distribute Marijuana

Aug 23, 2018

OUTCOME: Motion to Suppress Allowed - Case Dismissed

Client was charged with Possessing a Large Capacity Firearm, Carrying a Firearm without a License, Carrying a Loaded Firearm, and Possession with Intent to Distribute Marijuana. He was accused of posse ... ssing a high-capacity pistol with hollow tip rounds after police stopped the car he was in and found the gun. Police saw the car circling a housing development in South Boston after receiving a call for shots fired at that location hours earlier. Police set up surveillance before stopping the car and found a black ski mask in client’s pocket along with the gun and drugs in his bag after he consented to a search. Police also found a scale, plastic bags, and a drug ledger in the bag. Attorney Leon filed a motion to suppress the stop and search of the car and persuaded a judge to allow it after an evidentiary hearing arguing that police had no basis to stop the car despite the report of a gang-related shooting taking place earlier and the car circling that same area. As a result, all the evidence was suppressed and the case was dismissed.

Criminal defense

Aggravated Rape and Strangulation/Suffocation

Jun 01, 2018

OUTCOME: Dismissed

Client was charged with Aggravated Rape and Strangulation/Suffocation after his girlfriend called police immediately after leaving his home and accused him of assaulting her. Police saw that she was cr ... ying and distraught and had her transported to the hospital for evaluation and treatment. She told them that client demanded sex when he arrived home and strangled her during the alleged rape when she was struggling with him. Police found client at his apartment and arrested him despite his attempts to explain what had occurred that night. Attorney Leon immediately investigated the case and discovered that client’s girlfriend had been drinking most of the night before she arrived at client’s apartment which he shared with two other people. His girlfriend was upset about issues they’d been having in their relationship and began screaming and making a scene. Client kicked her out at 1:30am which was 15 minutes before she called police. Attorney Leon obtained video and documentary evidence that contradicted her version of events in several critical aspects and the medical records did not show any indications of abuse or injury. Attorney Leon provided the results of his investigation to the prosecutor who then filed a motion to dismiss the case after reviewing the materials. The case was dismissed less than two months after client’s arraignment.

Criminal defense

Armed Assault to Rob and Assault and Battery with a Dangerous Weapon

Jun 01, 2018

OUTCOME: Dismissed

Client was charged with Armed Assault to Rob and Assault and Battery with a Dangerous Weapon after being accused of pistol whipping a woman outside of an MBTA station after she refused to give him mone ... y. Police arrived and saw a laceration on the back of her head and spoke to a witness who claimed to have seen the assault. Attorney Leon’s investigation revealed that the accuser and witness were friends who both had long histories of drug use and that they had spent the day drinking alcohol prior to calling police and making the allegations. Although the woman had suffered an injury, there were no other witnesses to the alleged assault despite it being a fairly busy evening and client never appeared in any of the surveillance videos from the MBTA station or surrounding area. Despite being provided with this evidence showing that client had been falsely accused, the prosecutor would not dismiss the case. Attorney Leon set the case for trial and was able to get all charges dismissed on the morning of trial over the objection of the prosecutor.

Criminal defense

Home Invasion, Assault and Battery on a Pregnant Victim and Assault with a Dangerous Weapon

May 02, 2018

OUTCOME: Dismissed

Client was charged with Home Invasion, Assault and Battery on a Pregnant Victim, and Assault with a Dangerous Weapon. Police observed swelling to the alleged victim’s face and other injuries from the a ... ssault. Attorney Leon’s investigation revealed that it was the alleged victim who attacked his client when his client went to pick up her child from the home. He presented the results of his investigation to the prosecutor along with medical records showing that client had been kicked in the stomach during the incident and was diagnosed with internal bleeding at the hospital and had to undergo a procedure as a result. The prosecutor asked for an attorney to be appointed to represent the alleged victim because she had changed her story after he confronted her with this evidence. The alleged victim admitted that she had kicked the client first because client had been holding a knife when she walked into the home. On the morning of trial, the alleged victim asserted her Fifth Amendment privilege against self-incrimination and the case was dismissed.

Criminal defense

Trafficking in Cocaine 18-36 grams

Mar 19, 2018

OUTCOME: Dismissed

Client was charged with Trafficking in Cocaine 18-36 grams after police conducted a lengthy undercover investigation. Police saw client standing in front of a building and meeting briefly with an unkno ... wn man. Client was then seen leaving the building using his cell phone and appeared to be waiting for a car to arrive. Client got into a car and it was pulled over as soon as it drove away from the curb. He then gave evasive answers to police but he admitted that the drugs were his when they found 29 grams of cocaine during a search. Client was facing a mandatory minimum sentence of 2 years in state prison. The prosecutor attempted to justify the stop on the basis that police believed that a street level drug transaction occurred. Attorney Leon set the case for a hearing to challenge the lawfulness of the stop. Today, Attorney Leon was able to get the case dismissed.

Criminal defense

Distribution of Heroin - Subsequent Offense

Jan 25, 2018

OUTCOME: Dismissed

Client, a veteran who was in the process of transferring to Northeastern University, was charged with Distribution of Heroin as a Subsequent Offense after police conducted a surveillance operation. The ... y saw three people hanging around and saw a man approach them who had slicked-back hair and wearing pants with distinctive writing on the side. They saw him sell drugs to one of the three people and walk away. Police stopped the buyer and seized the heroin. Police never stopped the seller but charged client when they saw him wearing what they believed to be the same pants as the seller six weeks later. Attorney Leon retained an expert in memory and eyewitness identification and flew them in from out-of-state for trial. The expert was prepared to testify to the factors that affect memory and the accuracy of identifications. The expert explained how a witness noticing an article of distinctive clothing isn’t that useful a feature when basing an identification on a person’s clothing. He would’ve also testified that the more detailed the description of a suspect’s face, the more likely it is that a clothing match is accurate; however, in this case there was no description of the suspect’s face. Attorney Leon presented this to a judge on the morning of trial and persuaded the judge to allow his motion to dismiss the case over the prosecutor’s objection. The case was then dismissed.

Criminal defense

Possess with Intent to Distribute Heroin - Subsequent Offense, Possess with Intent to Distribute Cocaine, School Zone Violation

Jan 25, 2018

OUTCOME: Dismissed

Client was charged with Possession with Intent to Distribute Heroin as a Subsequent Offense, Possession with Intent to Distribute Cocaine as a Subsequent Offense, and School Zone Violations after polic ... e executed a search warrant at his apartment and found drugs as well as a vast amount of evidence indicating that drugs were being packaged there. Client was facing mandatory minimum sentences due to it being a subsequent offense as well as the school zone violation. Attorney Leon filed a motion to suppress all of the seized evidence on the basis that the warrant did not establish probable cause to believe that evidence of drug distribution would be located inside the apartment. Today, Attorney Leon was able to get all charges dismissed.

Criminal defense

Burglary

Jan 24, 2018

OUTCOME: Dismissed

Client was charged with Burglary after the victim walked into his bedroom and saw a man flee out the door. The victim told police that over $700 was missing from his dresser and provided a vague descri ... ption of the man who he identified as client two days later in a photo array. He said he believed client was the culprit because he had seen him outside of his apartment building earlier that day. Attorney Leon investigated the case and determined that client was likely misidentified by the victim after retaining an expert on memory and identification. His investigation also revealed that client lived in the area and had suffered from a developmental disability all his life. He retained a psychiatrist who concluded that the defendant was not competent to stand trial as a result of his disability and would be unlikely to regain competency. The prosecution then retained a psychiatrist to challenge this opinion; however, their expert agreed with Attorney Leon’s psychiatrist. Attorney Leon filed a motion to dismiss the case and persuaded a judge to allow it over the objection of the prosecutor. The case was dismissed.

Criminal defense

Robbery

Jan 09, 2018

OUTCOME: Dismissed

Client was charged with Robbery after being accused of robbing a 60-year-old man. The victim told police that he was jumped in an alley by client and another man and they stole $350. Two witnesses sai ... d they saw three men surrounding another man on the ground who was pleading with them not to take his money. Both of those witnesses identified client as one of the men surrounding the victim. When officers arrived, they saw the victim yelling and pointing at client who was trying to calm him down. The two men who robbed him had fled. Attorney Leon investigated the case and obtained statements from other witnesses in the area who said that the victim was drunk and yelling in the alley for some time before the robbery. The two witnesses who spoke to police told his investigator that they identified client as standing there watching the robbery but never saw him involved with it and never saw him with the other two men at any time. Another witness stated that client had simply been standing there watching the incident and wasn’t involved. Today, Attorney Leon was able to get the case dismissed.

Criminal defense

Robbery and Assault with a Dangerous Weapon

Jan 05, 2018

OUTCOME: Dismissed

Client was charged with Robbery and Assault with a Dangerous Weapon after being accused of robbing a disabled woman of her bag at a bus terminal. She told police that she was robbed by a stranger and v ... ideo showed client taking a bag from her. Client worked as a cleaner at the station and told police that the bag was his; however, he was still arrested. Attorney Leon immediately investigated the case and obtained court orders for video showing what had occurred that day as well as in the days prior to the allegation. The videos showed that the woman appeared to be homeless and would hang out at the bus terminal for days and nights on end. They showed that client had befriended her in the days leading up to this and that they would eat together on several occasions and he allowed her to leave her belongings with him as she used the restroom and ran errands. They showed that client had given her the bag earlier that morning and that he had to take it from her when he came back for it. When presented with this information, the woman told Attorney Leon’s investigator that the case was all a misunderstanding and admitted that the bag belonged to client and that she hadn’t wanted to return it at the time because she was upset. These videos and the results of the investigation were presented to the prosecutor who then filed a motion to dismiss the case. The case was dismissed.

David Andrew Leon's Legal Cases (196)

Possess Large Capacity Firearm, Carry Firearm without License, Carry Loaded Firearm, Possess with Intent to Distribute Marijuana

Aggravated Rape and Strangulation/Suffocation

Armed Assault to Rob and Assault and Battery with a Dangerous Weapon

Home Invasion, Assault and Battery on a Pregnant Victim and Assault with a Dangerous Weapon

Trafficking in Cocaine 18-36 grams

Distribution of Heroin - Subsequent Offense

Possess with Intent to Distribute Heroin - Subsequent Offense, Possess with Intent to Distribute Cocaine, School Zone Violation

Burglary

Robbery

Robbery and Assault with a Dangerous Weapon