Recent Case Results
We Are Proud of the Victories We Have Achieved on Behalf of Our Clients
Cases and results featured in news outlets, including Fox, CBS, NBC, the Boston Globe, and more! Please read the following case results for more details.
JURIES AND JUDGES HAVE FOUND FACTS AND DECIDED BASED UPON THE EVIDENCE BROUGHT TO LIGHT AND THE LAW as follows:
FELONY GUN TRIAL- Not guilty on all counts!
- Receiving a stolen motor vehicle- Not Guilty
- CARRYING A FIREARM WITHOUT A LICENSE- Not Guilty
- Receiving a firearm with defaced serial number- Not Guilty
- Possession of a firearm without a firearms identification card- Not Guilty
- Possession of ammunition without a firearms identification card- Not Guilty
East Brookfield- An NBA Development league player was wrongfully accused of carrying a 9 mm handgun with an obliterated serial number while driving a stolen Range Rover. This was a "99 problems" case. Pleading guilty was not an option because of the 18- month mandatory minimum. An NBA agent approached Adam C. Russell at the gym one night. The independent investigation proved the car was not stolen and the rear passenger had a prior conviction for kidnapping. After cross examination of the Commonwealth's first witness, the Judge stopped the trial and entered a finding of not guilty on all charges.
OUI LIQUOR / OPERATING UNDER THE INFLUENCE (2nd offense) – Not Guilty
Waltham- A Waltham area man was found not guilty of operating under the influence, 2nd offense. On a hot, sunny August afternoon, 2 groups of men got into a fight. Beer bottles were thrown at one man and another was hit in the head with a metal baseball bat. Seeking shelter from the onslaught of beer bottles and fists, 1 man got into his truck and locked the door. But the man with the bat kept coming- smashing all the windows in the truck. The man inside had no choice but to drive to get away. Peeling out of the parking lot, the man's truck slammed head on into the responding police car. A competing harm's defense called "necessity" was employed here. The jury returned a verdict of not guilty after deliberating for less than 30 minutes.
The man is very grateful to his wife and friends for their emotional and financial support while he was held in ICE custody. He may now remain lawfully in the United States with his wife and daughter.
ASSAULT WITH A DANGEROUS WEAPON- NOT GUILTY
Dorchester BMC- A middle aged man was accused of brandishing a firearm during a road rage incident. Because the man had a Class A Large Capacity License to Carry Firearms without restrictions, the charges remained in District Court. At trial, the jury learned how the complaining witness was trying to cover up what really happened- he cut off the Defendant at an intersection and then brake checked him twice while yelling. The jury heard a 911 call of the engine revving and the complaining witness yelling. During cross examination, it became clear the man did not point the gun at this "victim" because he was standing behind him. After deliberating for less than an hour, the jury returned a verdict of not guilty.
ASSAULT AND BATTERY– NOT GUILTY
ASSAULT AND BATTERY- DISMISSED
ASSAULT AND BATTERY ON POLICE OFFICER- DISMISSED
GPS, CURFEW, HOME SOBRIETOR- IMMEDIATELY REMOVED WITH BAIL APPEAL
Brighton- The jury declared a young man is not guilty of assault and battery because it didn't happen. At trial, the defense argued that a young man was the bystander to a violent, bloody street brawl that put 2 men in the hospital. One of the alleged victims was an off duty member of law enforcement that was kicked in the head 3 or 4 times. Substantial preparation went into every stage of the felony representation. First, the bail conditions of GPS, curfew, and home sobrietor were successfully appealed and ordered immediately removed. Second, the assault and battery upon a police officer or public employee was dismissed because the alleged victim was off duty. Third, the 2nd count of assault and battery was dismissed. Fourth, key prosecution evidence was kept out by motions in limine and timely objections. Independent investigation made the difference. At trial, the prosecutor's theory of an "unprovoked attack" was defeated by evidence that one of the alleged victims started the fight.
RAPE- NO CHARGES FILED, NO ARREST, AND NO WARRANT!
Boston- A young man was accused of date rape by a coworker.
Immediately after being contacted by the Suffolk County Sexual Assault Unit, the young man asserted his 5th Amendment privileges and the independent investigation began. The independent investigation showed the older woman was questioning her sexual orientation and cheated on her lesbian girlfriend during the consensual encounter. Cross examination at a hearing showed the rape could not have happened the way the alleged victim claimed. The man has returned to work at the same company but a different branch.
ASSAULT AND BATTERY WITH A DANGEROUS WEAPON (KNIFE)
ASSAULT AND BATTERY- ALL CHARGES DISMISSED
BMC, Brighton- A young man was accused of slashing his middle aged landlord with a steak knife, putting him in a head lock and repeatedly striking him in the face during a heated argument. The independent investigation showed the identity of the first aggressor was in dispute and the victim has a history of violence. Commonwealth v. Adjutant, 443 Mass. 649 (2005).
OUI 2nd OFFENSE
OPERATING AFTER SUSPENSION OF DRIVER'S LICENSE
MARKED LANES VIOLATION- DISMISSED AND LICENSE REINSTATED AT TRIAL
Framingham District Court- A middle aged man was accused of going in the wrong direction, crossing the fog line, and crossing the center line. The arresting officer alleged an odor of alcohol, watery and bloodshot eyes, slurred speech, inability to complete divided attention tests unsteadiness on feet, failing the walk and turn and one leg stand, and no driver's license. The independent investigation showed the Officer could not have seen the bad driving he claimed from his location. The prosecution kept trying to delay the case. Every step of the way, Defendant objected to every delay and preserved the record on it. The last time the prosecutor tried to continue the case the Defendant's motions to dismiss the whole case and then reinstate the driver's license were both allowed over the objection of the prosecutor.
LARCENY OVER $250.00 BY SINGLE SCHEME
36 COUNTS OF UNEMPLOYMENT COMPENSATION FRAUD – Continued Without a Finding for 90 days
BMC, Central- A young woman was accused of stealing more than $18,000.00 in fraudulent benefits from the Commonwealth of Massachusetts Division of Unemployment Assistance. The woman was facing a mandatory minimum of 18 years if convicted. The independent investigation showed her belief in being entitled to the funds and working day and night at 2 jobs to keep up with crushing student debt. The Attorney General's Office, Suffolk County District Attorney's Office, and Russell Defense Firm reached a favorable settlement with no presentation to the grand jury and called for dismissal of all charges after just 90 days probation.
OUI 2 nd Offense (BAD ACCIDENT) - Not Guilty!
Marlborough District Court - At trial, during a blistering cross examination, the arresting officer admitted "I wrote his name for him" on important papers concerning the rights of the accused. The independent investigation made the difference, proving this and other information used to combat every allegation made by the government. The prosecution case consisted of allegations that photos from a bad accident; admissions of guilt; bloodshot and watery eyes; a strong odor of alcohol; unsteadiness on feet; slurred speech; consuming 5 drinks, and more. After cross examination of the 2 nd police officer exposed several inconstancies, the closing argument to the jury
finished off the relentless charge for not guilty. NOT GUILTY!
OUI, 1st Offense - Dismissed
Lowell District Court - After a serious motor vehicle accident involving another vehicle, a man was accused of operating under the influence. Due to the injuries and accident, the DA refused to drop the case. The judge dismissed after motion hearing.
OUI, 2 nd Offense - Dismissed
Concord District Court - A young man was arrested in a parking lot after being suspected of driving under the influence. A Drug Recognition Expert from the Massachusetts State Police was called in after a low breath test. Investigation showed the man was arrested by police outside their jurisdiction and the breath test was inadmissible. Case dismissed out-of-court.
OUI (Drugs), 2nd Offense - Dismissed
East Brookfield District Court - A middle aged woman was charged with operating under the influence of prescription drugs in the middle of the day with children in the car. A Department of Children and Families complaint was also dismissed. Zero days loss of license.
OUI, 2nd Offense - Dismissed
Dorchester District Court - A restaurant entrepreneur was accused of side swiping another car while drinking. The independent investigation showed that on the arrest date, the man was directly exposed to an industrial grade cleaning chemicals at his newest location. This created serious issues with the breath machine. The matter was dismissed on a motion before trial.
OUI, 4th Offense - Treated As First Offense, No Jail
West Roxbury District Court- A 911 caller accused a Boston man of hitting 2 cars in the parking lot of a major shopping center. The independent investigation proved that the woman did not witness an accident. This was used when negotiating the 4th offense down to a 1st offense- no jail time
Operating After Suspension (9th Offense) - Dismissed
Operating without an Ignition Interlock - Dismissed
Ayer District Court - Dismissed in 30 minutes! A repeat, habitual traffic offender was accused of operating a motor vehicle registered to another person that did not even have a license. Because the man did not have a license to operate with an interlock, the case was dismissed under Commonwealth v. Petit, 83 Mass. App. Ct. 401 (2013). The Petit case held that a person whom does not have a hardship license cannot be convicted of operating without an ignition interlock. The man was facing 180 days mandatory minimum. No jail!
Operating after Suspension for OUI, Speeding, Providing False Name
Natick District Court - A stockbroker coming home from Foxwoods was stopped, allegedly going in excess of 90 mph on I90 of the Mass Pike at 3 in the morning in his BMW. Once pulled over, he allegedly could not provide his license and was accused of providing a false name to the police. The next day, the stockbroker was accused of having an open OUI case out-of-state. (60 day mandatory minimum). All criminal charges dropped- $50.00 speeding ticket- NO JAIL!
Possession with Intent to Distribute Class B (Percocet) - Dismissed
Drug Violation Near School or Park
BMC, East Boston - A young man was accused of conducting a narcotics transaction. The illegality of police actions were used to have the case dismissed. The man recently was promoted, got married, and took his wife and daughters to the Boston Children's Museum to celebrate winning the case. He is living proof that hardworking, honest good people can be accused of something bad.
Possession with Intent to Distribute Class E - Dismissed
Disorderly Conduct - CWOF (administrative probation with no fees or fines)
Boston Municipal Court, East Boston Division - 2 young women waiting in the parking lot of a pharmacy were observed making numerous cell phone calls and looking around nervously. After 5 minutes a man arrived in a vehicle known to the arresting officer. The man got into the car with the 2 young women and drove towards Boston. Law enforcement completed a felony stop for active warrants. Adam C. Russell was able to show that his client had neither knowledge nor control of the alleged controlled substance - case dismissed.
Drug Violation near School / Park - Dismissed
Stoughton District Court - After being accused of dealing drugs on school property, 2 police departments ask a young man to serve as an informant. The charges were issued immediately after he refused to cooperate. He was facing a mandatory minimum of 2 years in the house of corrections. Our independent investigation uncovered several violations of his privacy and civil rights by law enforcement. These violations were used as leverage to negotiate down to dismissal of the school zone, dismissal of the conspiracy charge, and just 6 months unsupervised pre-trial probation on the distribution charge. The result is no jail, no guilty plea, no CWOF, and no drug testing.
Conspiracy to Violate Drug Laws - Dismissed
Possession with Intent to Distribute Class B - Guilty Plea, 18 months probation
Chelsea District Court - After obtaining an anticipatory search warrant for drugs, state police arrested a man, accusing him of conspiracy to violate drugs laws and possession with intent to distribute class B. This was a high profile case because the man was a lawyer accused of sneaking drugs into the courthouse. Despite tough facts, the client remains a free man and is very thankful to his criminal defense lawyer and investigator for keeping him out of state prison.
Drug Violations - Dismissed
Possession with Intent to Distribute Class B, Oxycodone - Dismissed
Drug violation near school or park - Dismissed
Possession with Intent to Distribute Class B, Percocet - Dismissed
Drug violation near school or park - Dismissed
Assault and Battery on a Public Employee - Dismissed
Disorderly Conduct - Dismissed
Resisting Arrest - 90 days probation, now dismissed
Boston Municipal Court, Central Division - The Boston Police Department A-1 Drug Unit arrested a man after observing what undercover officers believed to be a street level narcotics transaction. The target was not happy about being stopped, and a struggle ensued. The target was charged with possession of Class B with intent to distribute Oxycodone, possession of Class B with intent to distribute Percocet, and 2 counts of a drug violation near school or park. The target was facing mandatory minimums of 2 years each on the school zone charges. The target had a lengthy criminal history. Adam Russell cross examined the undercover police officers and won the motion to suppress the Oxycodone. Adam Russell then won motions to dismiss the Percocet and school zone violations. All drug charges dismissed! Adam Russell then convinced the DA to enter a disparate plea agreement and convinced the judge to accept the defendant's offer of 90 days probation on the resisting arrest only. Assault and battery on a police officer dismissed! Disorderly conduct dismissed! No jail!
Drug Violation near School Zone - Dismissed
Boston Municipal Court: East Boston Division - Client, a 25 year-old union worker with a young daughter, was arrested for 2 counts of possession with intent to distribute Percocet (Class B) and 2 counts of Drug Violation Near a School or Park. East Boston Police alleged they caught Client doing a hand to hand transaction of Percocet inside his car while parked at a fast food restaurant. East Boston Police pulled over Client's car, searched and seized Percs, a lit blunt containing personal Cannabis, and large amounts of cash. Across town, East Boston Police "flipped" the alleged buyer, getting a statement that Client is his drug dealer and more Percocet pills. Client hired Russell Defense Firm to represent him. Right away the independent investigation brought out facts that were argued early on in court, resulting in the judge dropping the school zone charges back in August. In court, Adam C. Russell argued more information obtained during the indepdndent investigation to convince the judge in East Boston to dismiss all the possession with intent to distribute charges. Client kept his CDL job during the case and has the final interview for a state job (CORI check required) with full benefits and pension next month. Client is proud he never cooperated with law enforcement.
Drug Violation Near School Zone/Possession with Intent to Distribute Class B, Oxycodone & Class B Percocet - Dismissed
Boston Municipal Court, Central Division - The Boston Police Department A-1 Drug Unit arrested a man after observing what undercover officers believed to be a street level narcotics transaction. The target was not happy about being stopped, and a struggle ensued. The target was charged with possession of Class B with intent to distribute Oxycodone, possession of Class B with intent to distribute Percocet, and 2 counts of a drug violation near school or park. The target was facing mandatory minimums of 2 years each on the school zone charges. The target had a lengthy criminal history. Adam Russell cross examined the undercover police officers and won the motion to suppress the Oxycodone. Adam Russell then won motions to dismiss the Percocet and school zone violations. All drug charges dismissed! No jail!
Possession with Intent to Distribute Class E - Dismissed
Boston Municipal Court, East Boston Division - 2 young women waiting in the parking lot of a pharmacy were observed making numerous cell phone calls and looking around nervously. After 5 minutes a man arrived in a vehicle known to the arresting officer. The man got into the car with the 2 young women and drove towards Boston. Law enforcement completed a felony stop for active warrants. Adam C. Russell was able to show that his client had neither knowledge nor control of the alleged controlled substance- case dismissed.
Assault and Battery - NOT GUILTY
Lowell District Court - After waiving a 5th Amendment privilege in open court, a Lowell woman claimed her former landlord punched her in the face. During trial, contents of restraining orders, police reports, photographs, witness testimony, and 911 calls were used to show the landlord acted in Self Defense. The landlord is now allowed to return to the medical field and maintains custody of her child.
Assault and Battery - Dismissed
Concord District Court - A man was punched in the back of the head by the ex-boyfriend of his fiancé. After the woman got a restraining order, the ex-boyfriend retaliated by reporting the man hit him first. The judge dismissed the case after pre-trial hearing. The man was present when his fiancé gave birth to their healthy baby.
Assault and Battery, 2nd Offense - Dismissed
Dedham District Court - A young woman was accused of hitting her boyfriend in the face and smashing the windshield of his truck. Despite a damning 911 tape and evidence of drug convictions by the boyfriend, the DA refused to drop the case. The judge dismissed the case after pre-trial motion.
Assault and Battery on Disabled Person - Dismissed
Lowell District Court - A middle aged woman was accused of repeatedly striking her disabled husband in the face with a cell phone. After an investigation proved otherwise, the DA refused to drop the case. The judge dismissed the case after pre-trial motion.
Assault and Battery (Domestic) - Dismissed
Newton District Court - Dismissed. A young woman was accused of kneeing her boyfriend in the groin in a particularly affluent neighborhood. Inconsistent with her character, the family was very upset and sought counsel immediately. Acting in the first 24 hours, a very detailed independent investigation obtained information used to obtain an agreed upon disposition that maintained the client's innocence. She has returned to college.
Violation of Restraining Order - Dismissed
Lowell District Court - After showing the prosecutor could not proceed to trial in good faith, all court charges were dropped against a Lowell area mechanic. The prosecutor pushed the case to trial based upon a violent criminal record. The independent investigation showed that the alleged contact could not have taken place and zero prior bad acts involved women. The man was not allowed to see his grandchildren during the case. After winning, he got his bail money back and took the grandchildren back-to-school shopping.
Malicious Destruction of Property - Dismissed Prior to Arraignment
Boston Municipal Court - A middle aged man was wrongfully accused of breaking a parking lot gate. Security clearances at his software consulting job would result in firing for any criminal conviction. Investigation showed the parking lot gate was never broken and police were called because the man refused to pay with a credit card after already paying cash. The man still has a clean record- never even being charged with a crime.
Malicious Destruction of Public Property - Case Dismissed
Boston Municipal Court, Central Division - An entrepreneur was accused of placing his company logo on several buildings using spray paint and a stencil. One of the buildings belonged to the MBTA. The prosecutor had a video tape of the whole thing. Adam Russell argued motions to the judge, ultimately having the case dismissed. This saved the man a 1 year revocation of his driver's license and thousands of dollars in fines and restitution.
Breaking & Entering - CWOF (No Jail, Fees, or Fine)
Trespass - Dismissed
Resisting Arrest - Dismissed
Negligent Operation of Motor Vehicle - Responsible
Speeding - Not Responsible
Failure to Stop / Yield for Stop Sign - Not Responsible 7 times!
BMC, East Boston - A wanted man avoided police contact for several months, but eventually was arrested after a high speed chase. His driver's license had been suspended as an immediate threat to public safety. The man had been in and out of prison for serious, violent crimes since the age of 17. The prosecutor offered a plea agreement to prior counsel for 2 years in the house of corrections. Adam Russell convinced the judge that the man will be rehabilitated outside of the prison system. The man is eligible for reinstatement of his driver's license in 60 days. No jail! No fees! No fines!
Breaking and Entering Daytime for Felony Therein - CWOF (No Jail)
Larceny Over $250 - CWOF (No Jail, Fees or Fines)
BMC, East Boston - A man was accused of stealing several thousand dollars from a big, metal safe inside a person's home when he knew they were away on vacation. A home security system contained data linking the man to the crime. The man had been in and out of prison for serious, violent crimes since the age of 17. Over the prosecution's objection, Adam Russell convinced the judge that the man will be rehabilitated without a jail sentence. No jail, no fines, no fees!
Operation After Suspension / Revocation, Multiple OUI - Dismissed
Concord District Court - A young man facing an open OUI, 2 nd offense was arrested for operating a motor vehicle while his license was revoked for another alcohol offense. The investigation showed the officer's alleged observation was impossible- his view was blocked. The judge dismissed after pre-trial motion.
Out-of-State License Revocation, Multiple OUI Got license in 60 days!
Several States - A middle aged tires saleswoman was denied renewal of her driver's license because it was flagged for OUI and an unpaid insurance judgment on the National Driver's Registry (NDR). Investigation showed an OUI program had already been completed in a different state and the $4,000.00 judgment had grown to over $16,000.00. While clearing up the OUI program certification, the insurance judgment was released for pennies on the dollar.
Personal Injury Cases
Rear-End Motor Vehicle Accident
$75,000.00 settlement. Referral fees always paid.
IF YOU HAVE BEEN ACCUSED OF A CRIME IN MASSACHUSETTS, ESPECIALLY BOSTON, contact Russell Defense Firm today.