Attorney David Andrew Leon's Legal Cases

Criminal defense

Possession with Intent to Distribute Heroin, Oxycodone, and Suboxone – all charged as Subsequent Offenses

Feb 22, 2017

OUTCOME: Dismissed

Client was charged with Possession with Intent to Distribute Heroin, Oxycodone, and Suboxone as Subsequent Offenses after police executed a search warrant at his apartment after a lengthy undercover in ... vestigation involving controlled buys following a tip from a confidential informant that client was selling heroin. Police found drugs packaged for sale, a digital scale, and packaging materials. A set of keys taken from client during the search opened a bag which contained a large amount of cash and he admitted that all of the drug evidence was his. Client was facing mandatory minimum prison terms as a result of the subsequent offense enhancements. Attorney Leon’s investigation revealed that there was another occupant of the apartment who wasn’t present when the police searched and that their personal papers were found in the room with the drug packaging materials. Today, Attorney Leon was able to get all charges dismissed over the objection of the prosecutor.

Criminal defense

Possession of a Large Capacity Firearm, Carrying a Firearm without a License and Carrying a Loaded Firearm

Feb 14, 2017

OUTCOME: Dismissed

Client was charged with Possessing a Large Capacity Firearm, Carrying a Firearm without License, and Carrying a Loaded Firearm after police stopped his car and searched him based on a tip from a confid ... ential informant. Attorney Leon filed a motion to suppress the stop of the car as well as a discovery motion challenging the informant’s privilege and seeking additional information on the informant which a judge ordered the prosecutor to provide after a hearing on the motion. The prosecutor responded by moving to dismiss the case because the district attorney’s office was not comfortable turning over the information on the informant. As a result, the case was dismissed.

Criminal defense

Unarmed Robbery

Feb 02, 2017

OUTCOME: Dismissed

Client was charged with Unarmed Robbery after his girlfriend called police to say he snatched her wallet. Client was stopped a few blocks away and explained that he took the wallet because it was his a ... nd took it back from his girlfriend when they were arguing and he wanted to leave. Police inspected the wallet and confirmed that it was a man’s wallet and contained client’s license, credit cards, and health insurance card. The wallet also had his girlfriend’s Massachusetts ID inside; however, all objective evidence pointed towards the wallet belonging to client. Client was still charged despite this evidence and the prosecution would not dismiss the case. Attorney Leon set the case for trial and was able to get the case dismissed over the prosecutor’s objection on the morning of trial.

Criminal defense

Trafficking in Marijuana 50-100 pounds

Feb 01, 2017

OUTCOME: Client avoids mandatory jail sentence and felony conviction and receives probation

Client was indicted for Trafficking in Marijuana 50-100 pounds which carries a mandatory minimum sentence of at least one year. Client was arrested after he landed at Logan Airport from San Francisco a ... fter a lengthy investigation by the state police. He consented to a search of his luggage and police found 70 pounds of marijuana. The initial plea offer from the prosecution was a one-year mandatory jail sentence in exchange for pleading guilty. Attorney Leon investigated the case and filed a motion to suppress the search of client’s luggage raising questions about the legality of the tactics used by state troopers to obtain client’s consent to search his luggage and phone. After extensive negotiations with the prosecutor ahead of the motion to suppress date, Attorney Leon was able to have the charges reduced to a misdemeanor charge of possession with intent to distribute marijuana, thus avoiding the mandatory jail sentence and felony conviction. Client received a period of probation.

Criminal defense

Possession with Intent to Distribute Cocaine, Habitual Offender Enhancement

Jan 12, 2017

OUTCOME: Motion to Suppress Search Warrant Allowed - Results in improved plea offer

Motion to suppress search warrant allowed. Client was indicted for Possession with Intent to Distribute Cocaine and Marijuana with Habitual Offender Enhancements on both and facing a mandatory minimum ... prison sentence of 10 years. He was the target of a search warrant issued after a lengthy drug investigation involving controlled buys. Inside his apartment police found many bags of crack cocaine packaged for street-level sales along with a scale, box of plastic bags, a cooking set-up, and bags with the corners cut off. Police also found 3 ounces of marijuana and a large amount of cash. Police obtained a search warrant for his phone and found dozens of text messages indicative of drug distribution and many short calls at all hours of the night, including to some of the numbers involved in those text message conversations. Attorney Leon filed a motion to suppress the evidence from client’s phone on the grounds that it was illegally obtained due to an invalid search warrant. He persuaded a judge to allow the motion after an evidentiary hearing and throw out the phone evidence on the grounds that there was an insufficient nexus to criminal activity and that police lacked diligence in applying for the warrant. The Court’s ruling dramatically improved the client’s case. The prosecutor then offered client two years of probation instead of the previous plea offer of 4-6 years in state prison in exchange for dropping the habitual offender enhancement.

Criminal defense

Rape and Indecent Assault and Battery

Oct 19, 2016

OUTCOME: Dismissed

Client was charged with Rape and Indecent Assault and Battery after being accused by a rideshare customer. Attorney Leon immediately investigated the case and obtained videos from area surveillance cam ... eras showing client and the alleged victim sitting on his car talking and smoking cigarettes for an extended period of time before driving off to another location where they had consensual sex. Client dropped her at home two hours later; however, she accused him of rape the next day. The investigation revealed that the alleged victim’s boyfriend had been waiting at her home for her to arrive during that time period and had been unable to contact her because she was unresponsive to his calls and text messages. This provided the alleged victim with a motive to fabricate the rape allegation in an attempt to explain the situation to her boyfriend. This information was presented to the prosecutor who then filed a motion to dismiss the case just a few weeks after client’s arraignment.

Criminal defense

Armed Assault to Murder, Carrying a Firearm without a License - 2nd Offense and Carrying a Loaded Firearm

Sep 15, 2016

OUTCOME: Plea to reduced charge of misdemeanor Possession of Ammunition with 2 years of probation

Client was indicted for Armed Assault to Murder, Carrying a Firearm without a License - 2nd Offense, and Carrying a Loaded Firearm after being accused of shooting a man and then firing shots at an unde ... rcover police officer who was in pursuit. Attorney Leon investigated the case and uncovered evidence showing that client was ambushed by the man he shot and that his actions were done in self-defense. The evidence also showed that client was misidentified as the person who shot at the officer and that he was illegally carrying a firearm for protection due to increased gang-violence in his neighborhood, including a shooting in which he was the target. This information was presented to the prosecutor and client was then offered and accepted 2 years of probation in a plea deal to a reduced charge of misdemeanor unlawful possession of ammunition.

Criminal defense

Trafficking in Cocaine 18-36 grams, Possession with Intent to Distribute Heroin and Cocaine and Identity Theft

Jul 18, 2016

OUTCOME: Motion to Suppress Allowed - Case Dismissed

Client was charged with Trafficking in Cocaine 18-36 grams, Possession with Intent to Distribute Heroin, Possession with Intent to Distribute Cocaine, and Identity Theft after police stopped him on the ... basis of a confidential informant’s tip. Client also had multiple identification documents in various names with his photo on them. Attorney Leon filed a motion to suppress the stop and search of client and persuaded a judge to allow the motion on the grounds that the prosecution failed to establish the basis of knowledge and veracity of the informant’s tip and police failed to obtain corroborating information to make up for the deficiencies in the tip’s reliability. As a result, all of the evidence was thrown out and the case was dismissed.

Criminal defense

Possession with Intent to Distribute Cocaine - Subsequent Offense

Jun 09, 2016

OUTCOME: Dismissed

Client was charged with Possession with Intent to Distribute Cocaine as a Subsequent Offense when police were called to a rental car agency after an employee found 55 bags of cocaine in the overhead su ... nglasses compartment while cleaning the car. Client had just returned the rental car and he was the only person on the rental agreement. Today, Attorney Leon was able to get the case dismissed.

Criminal defense

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

May 25, 2016

OUTCOME: Motion to Suppress Allowed - Case Dismissed

Client was charged with Distribution of Heroin as a Subsequent Offense, Distribution of Cocaine, Possession with Intent to Distribute Cocaine, and School Zone Violations after police believed they saw ... him sell drugs outside of a school in Charlestown. Police pulled him over after they saw him pick up a friend and drop him off outside his home. They believed that a drug deal occurred based on their observations and the actions of the men inside the car. Attorney Leon filed a motion to suppress all of the evidence based on an improper stop and search of the car and persuaded a judge to allow the motion. As a result, all of the evidence seized from client as well as all of the police observations of the alleged drug sale were thrown out. The case was then dismissed.

David Andrew Leon's Legal Cases (196)

Possession with Intent to Distribute Heroin, Oxycodone, and Suboxone – all charged as Subsequent Offenses

Possession of a Large Capacity Firearm, Carrying a Firearm without a License and Carrying a Loaded Firearm

Unarmed Robbery

Trafficking in Marijuana 50-100 pounds

Possession with Intent to Distribute Cocaine, Habitual Offender Enhancement

Rape and Indecent Assault and Battery

Armed Assault to Murder, Carrying a Firearm without a License - 2nd Offense and Carrying a Loaded Firearm

Trafficking in Cocaine 18-36 grams, Possession with Intent to Distribute Heroin and Cocaine and Identity Theft

Possession with Intent to Distribute Cocaine - Subsequent Offense

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