Possession of Firearms (High Capacity) - Motion to Suppress Allowed - Dismissed - Superior Court
Jun 25, 2015
OUTCOME: Dismissed
My client, the driver, was pulled over. The police searched his car. They found guns. I challenged the motor vehicle stop by filing a Motion to Suppress. At the hearing the testimony revealed that ther...e was no basis for the police to stop my client's car. Therefore, the evidence that resulted from the stop was "thrown out." Without the evidence (guns, etc) the government was forced to dismiss the case
Criminal defense
Possession w/ Intent to Distribute Class D Substance within School Zone - Cambridge District Court
Dec 03, 2013
OUTCOME: Dismissed - all counts
A Cambridge police officer stopped EB, a 40-year-old man, and EB's friend in the Cambridge Common, because they were was smoking weed. The officer was particularly upset because there were children pla...ying near-by. Smoking marijuana in Massachusetts is illegal, but NOT criminal. However, distributing marijuana is criminal. The officer called for back-up; 4 additional officers arrived. The lead officer asked if he could search EB's backpack. EB said "no, you may not." Next, the officer said that he smelled "fresh, unburnt marijuana." The officer used the odor of marijuana as a pretext to search EB's backpack. The search yielded 20 individually-wrapped baggies of marijuana. EB was charged with Possession with Intent to Distribute Class D substance, as well as a School Zone Drug Violation. The latter charge carries a mandatory jail sentence of 2 years in jail. Boston Drug attorney Henry Fasoldt filed a Motion to Suppress, arguing that the search of EB's backpack was unconstitutional. On the morning of the hearing the prosecutors decided to file a "nolle prosequi," which effectively dismissed the case.
Criminal defense
Breaking and Entering Motor Vehicle -- Cambridge Juvenile Court
Nov 26, 2013
OUTCOME: Dismissed
LR, a 16-year-old high school student, was arrested and charged with Breaking and Entering a car. Parked along side a city street, a van was broken into. It happened around 1am. Three local residents s...aw three young men run away from the van. The Everett police saw LR in a local park shortly after the break-in occurred. The witnesses were brought to the park for a "show-up" identification. Not surprisingly, LR was identified as one of the young men in the van. Henry filed a Motion to Suppress, arguing that the "show-up" identification was unnecessarily suggestive. The judge agreed. After the motion was allowed, the case was dismissed as there was no additional evidence against LR.
Criminal defense
Disturbing Correctional Facility -- Cambridge District Court
Nov 13, 2013
OUTCOME: Not Guilty
DJ, an inmate at the Middlesex County Jail, was charged with "Disturbing a Correctional Institution" after an incident at the jail. Over Memorial day, 2013 the water in the facility broke - in other wo...rds, there was no running water in the jail for 2 days. The men imprisoned had to urinate and defecate in plastic bags. Inmates in the "G" tier began protesting. The protests grew to be more serious. Some of the men toppled over their bunks and made a barricade. DJ was not one of them. At one point, the corrections officers fired pepper-filled bullets into the tier in order to subdue the inmates. A dozen or so unmates were charged in the incident. Luckily for DJ, the surveillance videos show him covering his face with a towel and placing his legal documents under his jump-suit. Otherwise, he did nothing that was "riotuous." After a bench trial, DJ was found Not Guilty.
Criminal defense
Breaking and Entering at Night w/ Intent to Commit Felony, Larceny over $250 (2 counts) -- Cambridge Juvenile Court
Oct 22, 2013
OUTCOME: Dismissed - all counts
A local business was broken into in the winter. Money was taken from the register. Likewise, jewelry from the owner's purse was stolen. JRM, a local high school student, and his friend were charged wi...th "breaking and entering" and larceny. The friend was related to the business owner. My client was never questioned by the police; he was charged only after he told the daughter of the business owner that he had been "hanging out with 'so-and-so' last night." From the outset attorney Fasoldt knew the evidence was thin; however, the prosecutors would not dismiss the case. Therefore, Henry scheduled the case for a trial. Not surprisingly, the case was dismissed on the trial date as the necessary witnesses did not show up.
Criminal defense
OUI-3rd Offense -- Attleboro District Court
Sep 23, 2013
OUTCOME: Not Guilty
A local police officer pulled up next to DWP's car while it was parked on a side street with the engine running. The officer thought DWP's eyes were "droopy, red and bloodshot." The officer also though...t that his speech was slurred and that he stunk like booze. DWP was "unsteady on his feet" as he got out of the car and had trouble standing straight. DWP told the officer that he was experiencing a migraine and that he had bad knees. Nevertheless, DWP performed the field sobriety tests - not surprisingly, he failed them all. DWP was arrested. Unfortunately, DWP made several incriminating statements. In an effort to have those statements excluded from evidence, Attorney Fasoldt filed a Motion to Suppress. He was successful in arguing that DWP made those statements without having been read his Miranda rights. At trial, Henry introduced several medical records which showed that DWP suffers from Migraine headaches, as well as bad knees, bad back, and bad hips. DWP also testified on his own behalf. Ultimately the jury agreed that DWP was Not Guilty
Criminal defense
OUI-3rd Offense reduced to OUI-2nd Offense -- Quincy District Court
Sep 20, 2013
OUTCOME: Charges Reduced - no jail, avoids felony conviction
PCT left his company's Christmas party last December after drinking "a few beers." On his way home he was stopped by a state trooper. During the stop the trooper detected the strong odor of alcohol, no...ticed PCT's eyes were bloodshot and glassy, and had difficulty understanding PCT's speech. While getting out of his truck PCT had difficulty standing up straight. Following poor performance on the field sobriety test PCT was arrested. He took the breath test and blew 0.19. To make matters worse, it was charged as a 3rd offense. PCT had been convicted of two OUIs over 25 years ago. After much back-and-forth with the prosecutors, we were able to negotiate a plea deal whereby PCT avoided a felony conviction and a mandatory 6-month jail sentence.
Criminal defense
Leaving the Scene, Negligent Operation of a Motor Vehicle -- Barnstable District Court
Sep 18, 2013
OUTCOME: Client not Charged
Following a minor car accident, JSP, a 61-year-old business owner, received a criminal citation. The citation alleged that JSP left the scene of the accident and drove negligently. Fearful of the conse...quences of the citation, JSP hired Attorney Fasoldt. Investigation by Henry into the incident revealed that the accident was very slight and that no one was injured. At the hearing it was agreed that the complaint will not issue if JSP stays out of trouble for six months.
Criminal defense
OUI-Drugs -- Framingham District Court
Sep 11, 2013
OUTCOME: Dismissed
Following a 2-car crash on the Mass Pike, GF, a 49-year-old working professional, was accused of Operating Under the Influence of Drugs (Methamphetamine). A search of GF's car revealed several hypoderm...ic needles and a burnt spoon caked with a white-flaky substance. A test by the State Police Laboratory revealed that the substance on the spoon was Meth. Despite the car accident Attorney Fasoldt recognized that the government would have a difficult time proving that GF was actually "impaired" by the Meth. On the day of trial the OUI-Drugs charge was dismissed by the judge. In the interest of full disclosure, GF did admit to Negligent Operation of a Motor Vehicle.
Criminal defense
OUI-3rd Offense, Child Endangerment (2 counts) -- Framingham District Court
Sep 05, 2013
OUTCOME: Not Guilty all counts
Following a two-day trial, BM, a 48-year-old father of two, was acquitted on all counts. The police pulled BM's truck after its tires crossed the marked lanes. While speaking to BM the officer noticed ...two young kids in the car. The officer also noticed the "strong odor of alcoholic beverage" on BM's breath, glassy eyes, slurred speech, and an inability to produce his driver's license. From there, the officer told BM to exit the truck. BM consented to field sobriety tests. According to the officer, BM failed all 4 FST's. BM argued and disagreed with the officer. He told the officer that he "wasn't impaired." They disagreed throughout the incident. The officer was particularly incensed because his daughters were in the truck. During trial, Henry called the following people to the stand - BM's wife, BM's wife's friend, and BM himself. Collectively, their testimony established a firm timeline which showed that BM drank only one beer. Henry's cross-examination of the officer revealed bias and significant inconsistencies. The jury deliberated for 90 minutes. They found BM "Not Guilty" on all charges.
