Attorney Joseph B. Simons's Legal Cases

Criminal defense

Credit Card Fraud & Identity Theft

Feb 19, 2014

OUTCOME: Dismissed

Clients, a husband and wife, were accused of credit card fraud and identity theft. The husband’s mother accused the pair of opening up credit cards in her name, and charging up large debts. Clients h ... ired Attorney Joseph B Simons, who investigated the allegations and found that the alleged victim had given permission to obtain credit. A miscommunication had occurred between the parties, and Attorney Simons persuaded the clerk magistrate not to issue the complaint. As a result, the complaint was held open for six months in order for Clients to pay off the debt, and then ultimately dismissed. No charge will appear on Clients’ records.

Criminal defense

Assault and Battery

Feb 14, 2014

OUTCOME: Dismissed

Client, a 52-year-old man, was accused of pushing a stranger at a MBTA subway station. The alleged victim, a 29-year-old woman, told police that Client had approached her and started pushing her witho ... ut warning. Client hired Attorney Joseph B Simons to defend him at the clerk magistrate hearing. After reviewing all available information, it appeared that the allegations were largely exaggerated and out of context. At the hearing date, the clerk agreed to dismiss the charge against Client. As a result, Client maintains his clean criminal record.

Criminal defense

Domestic Assault and Battery

Dec 30, 2013

OUTCOME: Dismissed

Client, a 25-year-old CPA, was accused of slapping and hitting his girlfriend while she was asleep. Client hired Attorney Joseph B Simons to defend against the Domestic Assault and Battery charge. Du ... ring the investigation, information about Client’s girlfriend came to light regarding her night terrors. It turned out that she was having such vivid dreams that it was difficult for her to discern them from reality. Soon after the police came, she already realized that the “attack” was really a dream. It was too late; Client was arrested and charged. On the day of trial, after several court dates, Attorney Simons convinced the judge to dismiss the charge.

Criminal defense

Threat to Commit Murder; Assault w/ Dangerous Weapon

Nov 13, 2013

OUTCOME: Dismissed.

Client, a single father, was charged with Assault with a Dangerous Weapon and Threat to Commit a Crime (Murder). Client’s arrest came after his teenage son accused Client of threatening to kill him wi ... th a knife. I conducted an extensive investigation and uncovered evidence showing that the alleged incident likely never occurred. After almost a year after Client was arrested, and after several court appearances, the prosecutor finally dropped the charges on the day of trial.

Criminal defense

Filing a False Police Report

Aug 15, 2013

OUTCOME: Dismissed.

Client, a 24-year-old woman, was accused of filing a false police report. The police alleged that she was driving drunk, and to avoid arrest, she pulled over and locked herself into the trunk. The in ... cident was widely publicized on the national news. Initially, Client told police that men she met in a bar that night abducted her. She later admitted to making the up the story to avoid arrest. I convinced the judge to dismiss the case prior to arraignment. As a result, Client was never prosecuted and her record remains clean.

Criminal defense

A & B on Police; Resisting Arrest

Jul 25, 2013

OUTCOME: Dismissed.

Client, a middle-aged husband and father, was accused of Assault and Battery on a Police Officer and Resisting Arrest. The police alleged that Client pushed and swung his fist at an officer during an ... emergency call to Client’s home. My investigation turned up evidence that Client’s daughter had called 911 for a medical emergency on the day of the incident. When police arrived, Client had just been revived and was unsteady on his feet. Everything pointed to the fact that Client did not intend to touch the officer in any way, but rather was confused and trying to regain his bearings, before being taken by ambulance to the hospital. Today, at the hearing, I convinced the clerk magistrate that charges should not issue against Client.

Criminal defense

Drug Distribution

Jul 12, 2013

OUTCOME: Client Avoids Conviction and Jail Time.

Client, a 44-year-old father of three, was arrested for Possession with Intent to Distribute a Class B Substance (Oxycodone), Distribution of a Class B Substance (Oxycodone), and Conspiracy. The polic ... e allegedly observed Client conduct a drug sale in a public parking lot. When the police searched Client's car, they found several pills and money, and found the same type of pills in the alleged buyer's vehicle. Client admitted to police that he sold the pills. As a result, Client faced the possibility of substantial prison time, up to 10 years for each charge. After being assigned a public defender, Client instead elected to hired me to fight the charges. After several negotiating sessions, I convinced the prosecutor to dismiss the conspiracy charge, and agree to a continuance without a finding on the other two charges, with a sentence of one year of probation. As a result, Client avoids incarceration, avoids a conviction on his record, and if he completes probation, the case will be dismissed in one year.

Criminal defense

Assault and Threat to Commit a Crime

May 28, 2013

OUTCOME: Not Guilty

Client, a middle-aged father of four, was charged with assault and "threat to commit a crime." The alleged victim was a former friend of Client's son. The incident occurred after a fight at a youth h ... ockey game between the alleged victim and Client's son. Client was accused of threatening the alleged victim with bodily harm in a secluded locker room. At trial, with co-counsel Attorney David Yannetti, we achieved a Not Guilty verdict for Client on both charges.

Criminal defense

Restraining Order & Harassment Order

May 22, 2013

OUTCOME: Orders Terminated

Clients, Husband and Wife, were accused of threatening Husband's ex-girlfirnd by phone and email. The court had previously issued a restraining order against Husband and a harassment order against Wif ... e. The orders had been in effect for over a year and were extended several times by the court. At the hearing, I extensively cross-examined the ex-girlfriend. I presented emails, telephone records, a voicemail, and other evidence to contradict many of the ex-girlfriend's statements. The judge terminated both orders.

Criminal defense

Clerk Magistrate Hearing

May 03, 2013

OUTCOME: Case Dismissed

Client, a 24-year-old woman, was accused of assault and battery by kicking her 12-year-old niece the day before Easter. Client's mother, a witness to the incident, and Client's neighbor, who made the ... initial call to police, made it clear that the incident was largely exaggerated. At the clerk's hearing, I persuaded the clerk magistrate that justice would not be served if Client were charged. As a result, Client maintained her clean criminal record.

Joseph B. Simons's Legal Cases (38)

Credit Card Fraud & Identity Theft

Assault and Battery

Domestic Assault and Battery

Threat to Commit Murder; Assault w/ Dangerous Weapon

Filing a False Police Report

A & B on Police; Resisting Arrest

Drug Distribution

Assault and Threat to Commit a Crime

Restraining Order & Harassment Order

Clerk Magistrate Hearing