Attorney David Andrew Leon's Legal Cases

Criminal defense

Domestic Assault and Battery

Jun 23, 2015

OUTCOME: Dismissed

Client was charged with Domestic Assault and Battery after he was accused of assaulting his wife. He allegedly got into an argument with her that escalated when he grabbed the back of her arm and she ... fell into some boxes when he pulled her back. She claimed that client’s hand slipped and hit their son when he did this. Attorney Leon investigated the case and obtained documents from the probate court showing that client and his wife were going through a separation and divorce. He provided these documents to the prosecutor who then told the judge that he wanted more time to investigate the case on the morning of trial. Attorney Leon persuaded the judge to dismiss the case.

Criminal defense

Threats

Jun 10, 2015

OUTCOME: Dismissed

Client, a post office employee, was charged with Threats after he was accused of threatening to assault the mother of his children. One incident allegedly happened when he called from a blocked number ... and the other allegedly happened when he was leaving work at the post office and she was heading to work at the same location. Attorney Leon investigated the case and discovered that there were ongoing child custody and support issues. He obtained documents from probate court showing that client had the support order modified in the months leading up to the allegations. The mother of his children was unhappy with the amount of money he was paying her and believed that he was hiding income and assets. Attorney Leon’s investigator found several of her social media posts on Twitter which displayed her feelings about the situation and proved that she had a motive to fabricate the allegations of threats. His investigator asked her about those posts and she changed her Twitter profile in response. Today, Attorney Leon was able to get the case dismissed.

Criminal defense

Open and Gross Lewdness

May 14, 2015

OUTCOME: Dismissed

Client was charged with Open and Gross Lewdness after he was accused of exposing himself to two children inside the bathroom of a department store. Client was arrested and denied exposing himself and e ... xplained that he was simply using the urinal. Attorney Leon investigated the case and obtained records showing that client suffered from significant mental health and developmental disabilities for over 20 years which made it difficult for him to be fully aware of his surroundings. He retained a psychiatrist at Tufts Medical Center who evaluated client and concluded that he suffered from a substantial disorder of thought, mood and perception, which grossly impaired his judgment, behavior and capacity to recognize reality. The psychiatrist concluded that the client was not competent to stand trial as a result of his disabilities and was unlikely to regain competency. Attorney Leon filed a motion to dismiss the case and persuaded the prosecutor to agree to recommend dismissal after providing them with his expert’s report. The case was dismissed.

Criminal defense

Probation Violation Hearing - Larceny from a Person and Larceny Over $250 from a Person over 60 and Disabled

May 14, 2015

OUTCOME: No Violation Found; Probation Terminated and Dismissed

Client was on probation for Larceny from a Person and Larceny Over $250 from a Person over 60 and Disabled. His probation officer issued a probation violation notice asking that he be found in violatio ... n and sentenced to the house of correction because he had not complied with the terms of probation and had been charged with new criminal conduct. Attorney Leon persuaded a judge that client had not violated his probation and the judge terminated his probation and dismissed the case.

Criminal defense

Assault to Rob and Assault and Battery

May 07, 2015

OUTCOME: Dismissed

Client was charged with Assault to Rob and Assault and Battery after he was accused of asking a man for money and beating him when the man told him he didn’t have any. The man claimed that the attack w ... as completely unprovoked and that he walked away without fighting with client. Attorney Leon obtained surveillance video from outside the store where the incident occurred. The video did not show what started the altercation but it did show the men enter from off-screen while pushing each other before escalating into a fistfight. It showed that they were fighting each other in direct contradiction to what the alleged victim told police. On the day of trial, the prosecutor explained that the alleged victim did not want to go forward after he was shown the video and the case was dismissed.

Criminal defense

Assault and Battery on a Public Employee

Apr 16, 2015

OUTCOME: Dismissed

Client was charged with Assault and Battery on a Public Employee after he was accused of attacking an EMT during transport to a hospital. Client was minding his own business when an EMT decided that cl ... ient was in need of psychological treatment. The EMTs did not have a court order to commit the client for treatment and there were no calls to police concerning the client or his behavior. The EMTs forced him into an ambulance and restrained him to a hospital bed. Client tried to fight back to free himself and was charged as a result. Attorney Leon persuaded a judge to dismiss the case over the prosecutor’s objection.

Criminal defense

OUI-Drugs

Apr 08, 2015

OUTCOME: Dismissed

Client was charged with OUI-Drugs after he was accused of driving under the influence of marijuana. Client was hit by another driver who made an illegal left turn late at night. Three of the passenge ... rs in his car went to the hospital and so did the driver of the other car. Police arrived on scene and during an inventory search of client’s car they found the remnants of five joints in an ashtray and two marijuana grinders in plain view. State troopers went to the hospital and the front seat passenger in client’s car told them that they had smoked marijuana 40-45 minutes before the crash. The prosecutor obtained the hospital records showing that client had a positive screen for marijuana and client was then charged. Attorney Leon retained a medical expert in toxicology to explain the effects or marijuana to a jury and what a positive marijuana screen could tell them such as the amount used and when it was used. Attorney Leon scheduled the case for trial as the prosecution would not dismiss the case. On the morning of trial, the prosecution’s drug recognition expert conceded that the prosecutor should have obtained a toxicologist to interpret the medical records. The case was called and the prosecutor told the judge that he was not ready for trial and would need more time. Attorney Leon asked the judge to dismiss the case after explaining why the prosecutor was seeking more time. The case was then dismissed over the prosecutor’s objection.

Criminal defense

Open and Gross Lewdness and Assault and Battery on a Public Employee

Apr 03, 2015

OUTCOME: Dismissed

Client, a medical student, was returning home on the MBTA after a night of drinking when he was charged with Open and Gross Lewdness and Assault and Battery on a Public Employee after he was accused of ... assaulting a woman who was working for the MBTA and exposing himself to her at the top of one of the escalators as he fled. Client was arrested by police and identified by the woman. Client was facing expulsion from school and cancellation of his student visa if the case was not dismissed or won at trial. Attorney Leon obtained video from the MBTA which showed that client did not punch her in the shoulder as she claimed and that he simply bumped into her as he was walking by. The video from the escalator showed that client had turned around at the top but it was inconclusive as to what, if any, action he took. Attorney Leon was then able to get all charges dismissed. As a result of the dismissal, client’s university did not seek to have him undergo a disciplinary proceeding and both his criminal record and student conduct record remained clean.

Criminal defense

Assault and Battery with a Dangerous Weapon, Assault and Battery and Witness Intimidation

Mar 18, 2015

OUTCOME: Not Guilty

Client charged with Assault and Battery with a Dangerous Weapon, Assault and Battery, and Witness Intimidation after being accused of ordering her two daughters to assault a woman who lived in their ap ... artment building over issues they had been having. She was then charged with witness intimidation after being accused of threatening the alleged victim and another neighbor prior to trial. Investigation revealed that it was the alleged victim who started a fight with one of client’s daughters. At trial, the inconsistencies in the alleged victim’s story were exposed during Attorney Leon’s cross-examination of her friend and the responding police officers. The jury found client Not Guilty on all counts after trial.

Criminal defense

Probation Violation Hearing - Possession of a Class C Controlled Substance

Mar 11, 2015

OUTCOME: No Violation Found; Probation Terminated and Dismissed

Client was on probation for Drug Possession. His probation officer issued a probation violation notice asking that he be found in violation of probation and sentenced to the house of correction because ... he had not complied with the terms of his probation. Attorney Leon persuaded a judge that client had not violated his probation and the judge terminated his probation and dismissed the case.

David Andrew Leon's Legal Cases (196)

Domestic Assault and Battery

Threats

Open and Gross Lewdness

Probation Violation Hearing - Larceny from a Person and Larceny Over $250 from a Person over 60 and Disabled

Assault to Rob and Assault and Battery

Assault and Battery on a Public Employee

OUI-Drugs

Open and Gross Lewdness and Assault and Battery on a Public Employee

Assault and Battery with a Dangerous Weapon, Assault and Battery and Witness Intimidation

Probation Violation Hearing - Possession of a Class C Controlled Substance