Attorney Joseph B. Simons's Legal Cases

Criminal defense

Witness Intimidation, Destruction of Property over $250, and Threat to Commit a Crime

Mar 12, 2015

OUTCOME: Dismissed

Client, a 46-year-old woman, was charged with Witness Intimidation, Destruction of Property over $250, and Threat to Commit a Crime after allegedly beating down another woman’s apartment door and threa ... tening her with a gun. Client hired Attorney Joseph B Simons to defend her against these two felonies and a misdemeanor. After months of representation, Attorney Simons was able to persuade the court that Client, a professional white-collar worker, was under the influence of a prescription medicine and that the context of the allegations was not as it appeared in the police report. Today in court, Attorney Simons convinced the judge, over the prosecutor’s recommendation, to continue the case without a finding for three months. The prosecutor agreed to dismiss the Witness Intimidation charge outright. Ultimately, all three charges were dismissed. Client avoids any jail time and walks away with no convictions.

Criminal defense

Possessing a Firearm without an FID Card and Motor Vehicle Trespassing

Jan 22, 2015

OUTCOME: Dismissed

Client, a 50-year-old cab driver, was accused of Possessing a Firearm without an FID Card and Motor Vehicle Trespassing. The Environmental Police filed an application for criminal complaint against Cl ... ient for hunting on private land with an expired FID card. Client hired Attorney Joseph B Simons to fight the charges. After taking a number of steps before the hearing, Attorney Simons presented the clerk with an argument on Client’s behalf. Today at the hearing, the clerk agreed not to issue the charges if Client transfers ownership of the firearm to a licensed person within three months. Significantly, this means that client avoids being charged with a felony, and avoids a steep fine for the trespassing (and any insurance premium hikes). Client’s record remains clean.

Criminal defense

Domestic Assault and Battery

Jan 07, 2015

OUTCOME: Dismissed

Client, a 28-year-old network administrator, was charged with Domestic Assault and Battery after allegedly choking and beating his girlfriend. Client’s girlfriend also told police that he threatened h ... er with a sword. Client hired Attorney Joseph B Simons shortly after the incident. Through numerous avenues, Attorney Simons uncovered information that cast extreme doubt on Client’s girlfriend’s story. Finally, after almost a year, the case was resolved. Attorney Simons persuaded the judge to continue the case without a finding, over the prosecutor’s objection, for one year. If Client stays out of trouble, and abides by all conditions of probation, the case will be dismissed in one year. As a result, client avoids a conviction on his record.

Criminal defense

Possession with Intent to Distribute a Class B Drug (Crack Cocaine), Disorderly Conduct, Resisting Arrest, and Conspiracy

Dec 17, 2014

OUTCOME: Not Guilty

Client, a former professional baseball player and native of the Dominican Republic, was charged with Possession with Intent to Distribute a Class B Drug (Crack Cocaine), Disorderly Conduct, Resisting A ... rrest, and Conspiracy. Police alleged that Client was part of a drug deal with another man. Client’s friend was driving the car, and police observed what they believed to be a drug deal when Client’s friend entered an apartment and quickly got back in the car. When the police were pulling over the car, they observed Client’s friend trying to swallow several bags of cocaine. The police further alleged that Client was flailing around, and almost hit a detective, while screaming and creating a disturbance and trying to prevent the detective from making an arrest. Client hired Attorney Joseph B Simons to fight for him. Client was concerned not just with the potential for jail time, but also about immigration consequences, as he is not a citizen. A deportation would be devastating, as Client has a wife and kids in America and has established a life here. Today, at trial, Attorney Simons effectively cross examined two detectives and was able to show that no drugs were found on Client. Attorney Simons also demonstrated that Client had no idea that the detectives were police, as they were in plain clothes and drove in an unmarked car. At the end of the trial, Client was acquitted of all charges.

Criminal defense

Possession with Intent to Distribute Class A (Heroin)

Sep 10, 2014

OUTCOME: Dismissed

Client, a 27-year-old man, was charged with Possession with Intent to Distribute Class A (heroin) after the New Bedford Police raided his apartment and found heroin, a scale, cash, and several baggies. ... With a long criminal record already, Client knew he needed a good defense, so he hired Attorney Joseph B Simons. The case against Client was strong, and he realized that he needed treatment for his drug addiction. Over the course of several months, Attorney Simons negotiated with the prosecutor in an attempt to allow Client to receive treatment and avoid incarceration. In the end, the prosecutor and judge agreed to allow Client to admit to the charge in exchange for 18 months of probation and drug testing. If Client completes probation successfully, the charge will be dismissed.

Criminal defense

Violating a Restraining Order, Criminal Harassment, and Annoying Telephone Calls

Sep 04, 2014

OUTCOME: Dismissed

Client, a Navy veteran, was charged with Violating a Restraining Order, Criminal Harassment, and Annoying Telephone Calls. Client’s ex-girlfriend reported an alleged incident to the Boston Police. Su ... bsequently, a warrant was issued, and Client remained at large for several months. By the time Client hired Attorney Joseph B Simons, he was in danger of being held on bail and having a permanent mark on his criminal record. Attorney Simons arranged in court to have Client’s warrant removed, and before the issue of bail even arose, Attorney Simons argued that the case should be dismissed prior to arraignment. Over the strong objection of the prosecutor, the judge sided with Attorney Simons and dismissed the case. Remarkably, the case ended with no entry on Client’s criminal record.

Criminal defense

Larceny over $250

Aug 21, 2014

OUTCOME: Dismissed

Client, a middle-aged man from New York, was charged with Larceny Over $250, a felony, after allegedly swindling a local church several times. Client hired Attorney Joseph B Simons, who investigated a ... nd determined that no crime was committed. Rather, it appeared that the Reverend was upset after Client became ungrateful and requested additional money – and as a result, the Reverend reported Client to the police. Attorney Simons drafted a motion to dismiss the case, arguing that Client simply asked for financial assistance from a church, and received some help; in other words, no crime was committed. Today in court, the judge agreed and dismissed the case over the prosecutor’s objection.

Criminal defense

Reckless Endangerment of a Child under 18

Aug 14, 2014

OUTCOME: Dismissed

Client, a 28-year-old woman, was charged with Reckless Endangerment of a Child under 18. Client, a nanny, was accused of leaving one of the family’s children, a two-year-old girl, alone while she was ... supposed to be babysitting. Police accused Client of leaving the little girl alone while Client left the home for around an hour. Client’s father hired Attorney Joseph B Simons to represent client her. Attorney Simons investigated and conferred with Client’s doctors and mental health providers, and determined that Client’s mental illness likely played a large role in the alleged conduct. Attorney Simons drafted a lengthy sentencing memorandum and engaged in multiple discussions with the prosecution, and ultimately persuaded both the prosecutor and the judge to accept a plea that would avoid a conviction on her record. As long as Client successfully completes one year of probation, including a stipulation that she not babysit or care for children, the charge will be dismissed.

Criminal defense

Possession with Intent to Distribute a Class D Substance (Marijuana)

May 27, 2014

OUTCOME: Dismissed

Client, a 23-year-old man, was charged with Possession with Intent to Distribute a Class D Substance (Marijuana). The police executed a search warrant at Client’s apartment, after a lengthy investigat ... ion into the alleged drug dealing of his roommates. During the search, police seized approximately two ounces of marijuana, a scale, and several hundred dollars. Client hired Attorney Joseph B Simons, who convinced a judge to dismiss the case prior to arraignment. As a result, Client was never prosecuted and the incident will never appear on his criminal record.

Criminal defense

Leaving the Scene of Property Damage

Apr 25, 2014

OUTCOME: Dismissed

Client, a 64-year-old woman, was charged with two counts of Leaving the Scene of Property Damage after crashing into vehicles parked along the road and then driving away. With an extensive record, inc ... luding several OUI charges, Client faced an uphill battle and therefore hired Attorney Joseph B Simons. Attorney Simons investigated and found mitigating evidence, including the fact that Client suffered from severe anxiety and depression and was admitted to a psychiatric ward within days of the accident. After being discharged, Client reached out to the victims and provided her insurance information. After a number of negotiations, Attorney Simons persuaded the prosecutor to dismiss both charges.

Joseph B. Simons's Legal Cases (38)

Witness Intimidation, Destruction of Property over $250, and Threat to Commit a Crime

Possessing a Firearm without an FID Card and Motor Vehicle Trespassing

Domestic Assault and Battery

Possession with Intent to Distribute a Class B Drug (Crack Cocaine), Disorderly Conduct, Resisting Arrest, and Conspiracy

Possession with Intent to Distribute Class A (Heroin)

Violating a Restraining Order, Criminal Harassment, and Annoying Telephone Calls

Larceny over $250

Reckless Endangerment of a Child under 18

Possession with Intent to Distribute a Class D Substance (Marijuana)

Leaving the Scene of Property Damage