Attorney David Andrew Leon's Legal Cases

Criminal defense

Arson of a Dwelling House

May 11, 2016

OUTCOME: Client avoids conviction - case was dismissed after client successfully completed one year of probation

Client was charged with Arson of a Dwelling House after allegedly setting fire to the back porch of a home which burned the porch and charred the side of the home while a family was inside. Police capt ... ured client as he was fleeing the scene and he confessed to the crime. He was facing up to 20 years in state prison as a result. The prosecution offered him a plea deal of one year in jail in exchange for pleading guilty. Client was 24 years old at the time and the father to a young child. He had never been arrested and had no record so a felony conviction would have been devastating to his future. Attorney Leon investigated the case and obtained video from a neighboring home which showed client with several other men, one of whom set fire to a pair of shoes on the porch before they all fled. Attorney Leon then persuaded a judge to resolve the case with a continuance without a finding for one year with the condition that he complete a fatherhood program and stay away from the place of offense. The case was then dismissed.

Criminal defense

Breaking and Entering with Intent to Commit a Felony and Carrying a Dangerous Weapon

May 11, 2016

OUTCOME: Dismissed

Client was charged with Breaking and Entering with Intent to Commit a Felony, and Carrying a Dangerous Weapon arrested inside of an abandoned building and was carrying a BB gun. Attorney Leon investiga ... ted the case and discovered that client had been hanging out in the house with a few of his friends listening to music. He presented his findings to the prosecutor and convinced the prosecutor to dismiss the case because there was no intent to commit a crime even though they had broken into the building. He also explained that client did not require a license to carry the gun given his age and the prosecutor conceded that the charge should never have issued. The case was dismissed.

Criminal defense

Armed Robbery, Carrying a Dangerous Weapon and Possession with Intent to Distribute Heroin - Subsequent Offense

Apr 13, 2016

OUTCOME: Dismissed

Client was charged with Armed Robbery, Carrying a Dangerous Weapon, and Possession with Intent to Distribute Heroin as a Subsequent Offense after he was accused of trying to rob two people after an all ... eged drug deal gone bad. A police officer observed what he believed was a drug deal and then saw client swing a knife in the direction of another man after they began arguing. Police announced their presence and the other man ran off; however, client dropped his knife as requested and complied with police. Attorney Leon investigated the case and conclusively established that client was buying drugs from the man who ran off and that he was acting in self-defense when that man tried to rob him of his money. Attorney Leon provided the results of his investigation to the prosecutor who agreed that client appeared to be the victim in a drug deal gone wrong and then filed a motion to dismiss the case. The case was dismissed.

Criminal defense

Burglary, Assault and Battery on a Person over 60 and Disabled, Assault and Battery with a Dangerous Weapon, Assault and Battery

Feb 25, 2016

OUTCOME: Not Guilty

Client was charged with Burglary, Assault and Battery on a Person over 60 and Disabled, Assault and Battery with a Dangerous Weapon, and Assault and Battery after he was accused of assaulting an elderl ... y woman and her daughter after forcing his way into their apartment and attacking them one night. One victim was struck in the face with a container and the other was punched repeatedly in the face. They believed that client was the culprit because they had seen him outside their apartment 15 minutes prior to the attack. At a jury trial, Attorney Leon was able to successfully undermine the reliability of their identifications of client as the culprit and unearthed inconsistencies in their testimony during cross-examination. The jury returned a Not Guilty verdict on all charges.

Criminal defense

Larceny of a Motor Vehicle, Larceny over $250 and Common and Notorious Thief

Feb 18, 2016

OUTCOME: Dismissed

Client, an auto mechanic, was charged with Larceny of a Motor Vehicle, Larceny Over $250, and being a Common and Notorious Thief after he was accused of stealing a tow truck and a large sum of money fr ... om his boss. Client was allegedly given the money to pick up two cars with the tow truck and never returned. Attorney Leon investigated the case and learned that the tow truck was recovered by his client’s boss the following day and that his boss was driving it when police pulled it over for being reported stolen. Attorney Leon succeeded in persuading a judge to dismiss the case over the objection of the prosecutor after explaining the implausibility of the allegations and lack of evidence to suggest that client had committed a crime. The case was dismissed.

Criminal defense

Distribution of Heroin - Subsequent Offense

Feb 02, 2016

OUTCOME: Dismissed

Client was charged with Distribution of Heroin as a Subsequent Offense after police saw him get out of a car just before they pulled over the buyer and found the drugs. The buyer said he had bought dru ... gs from the man who had gotten out of his car. Client allegedly tried to throw his cell phone away when police arrested him. Attorney Leon filed a motion to suppress the stop and search on the grounds that police lacked reasonable suspicion to believe a drug transaction had taken place. At the motion hearing, Attorney Leon impeached the lead detective during cross-examination on critical aspects of his investigation which suggested that he was not being truthful about some of his observations and what he included in his incident report. On the morning of trial, the prosecutor filed a motion to dismiss the case. The case was then dismissed.

Criminal defense

Distribution of Cocaine - Subsequent Offense

Jan 27, 2016

OUTCOME: Motion to Suppress Allowed - Case Dismissed

Client was charged with Distribution of Cocaine as a Subsequent Offense after police believed they saw him conduct a drug deal with two people in Downtown Boston. They approached the suspected buyers a ... nd found drugs on one of them who admitted that client had sold them cocaine. Attorney Leon filed a motion to suppress the seized evidence on the basis that police lacked justification to believe that a drug transaction had occurred. Police never observed a transaction and simply assumed one occurred on the basis of three people huddling together on the street. Attorney Leon persuaded a judge to allow the motion and all of the drug evidence and the police observations were thrown out. The case was dismissed.

Criminal defense

Possession with Intent to Distribute Cocaine - Subsequent Offense

Jan 20, 2016

OUTCOME: Dismissed

Client was charged with Possession with Intent to Distribute Cocaine as a Subsequent Offense after police executed a search warrant at an apartment building owned by his father. No drugs were found in ... the apartment; however, client was arrested after police found residue on a tray and notebook in the basement. Police used a portable drug test which indicated that the substance was cocaine. Client did not live in the building, but he would travel there several times a week to do maintenance work, take out trash, and collect rent. Attorney Leon immediately investigated the case and obtained evidence showing that demolition work was being performed at the property and that the residue was from the materials being used and not from cocaine. He filed discovery motions with the court seeking information on the field drug test used by police because they are notoriously unreliable. The prosecutor would not consider the possibility that police simply made a mistake and that the test was a false-positive. The case was set for trial and on the morning of trial, Attorney Leon was able to persuade the judge to dismiss the case over the objection of the prosecutor. The case was dismissed.

Criminal defense

Domestic Assault and Battery

Jan 07, 2016

OUTCOME: Dismissed

Client, a 27-year-old professional, was charged with Domestic Assault and Battery after he was accused of punching his girlfriend and throwing her around an apartment after choking her. She was transpo ... rted to the hospital to receive treatment for injuries to her face and neck. Today, Attorney Leon was able to get the case dismissed.

Criminal defense

Home Invasion, Breaking and Entering with the Intent to Commit a Felony and Placing a Person in Fear and Larceny from a Building

Dec 18, 2015

OUTCOME: Dismissed

Client, a high school senior with plans to attend college in the fall, was charged with Home Invasion, Breaking and Entering to Commit a Felony and Placing a Person in Fear, and Larceny from a Building ... after a man claimed that client and another man kicked in his bedroom door and hit him with a stun gun before stealing his Sony PlayStation and clothing. Attorney Leon began investigating immediately and uncovered significant discrepancies in the alleged victim’s various accounts of what occurred and the lack of evidence to support his allegations. Today, Attorney Leon presented this information to the Court and succeeded in persuading the judge to allow his motion to dismiss all charges over the objection of the prosecutor. The case was then dismissed.

David Andrew Leon's Legal Cases (196)

Arson of a Dwelling House

Breaking and Entering with Intent to Commit a Felony and Carrying a Dangerous Weapon

Armed Robbery, Carrying a Dangerous Weapon and Possession with Intent to Distribute Heroin - Subsequent Offense

Burglary, Assault and Battery on a Person over 60 and Disabled, Assault and Battery with a Dangerous Weapon, Assault and Battery

Larceny of a Motor Vehicle, Larceny over $250 and Common and Notorious Thief

Distribution of Heroin - Subsequent Offense

Distribution of Cocaine - Subsequent Offense

Possession with Intent to Distribute Cocaine - Subsequent Offense

Domestic Assault and Battery

Home Invasion, Breaking and Entering with the Intent to Commit a Felony and Placing a Person in Fear and Larceny from a Building