Motion to Dismiss Granted in Case of Felony Larceny of a Motor Vehicle
After a two-part hearing in the Boston Municipal Court, Brett Lovins persuaded the court to dismiss his client’s case on grounds of judicial estoppel. The charges dismissed by the court involved allegations of a felony larceny of a motor vehicle, as well as a related misdemeanor.
Not Guilty After Jury Trial on OUI Charges
After a jury trial in the Cambridge District Court, a jury acquitted Brett Lovins’ client on charges of operating a vehicle under the influence (second OUI/DUI). Brett secured a dismissal of related charges of assault and battery with a dangerous weapon and domestic assault and battery earlier in the proceedings.
Case Dismissed Prior to Arraignment Based on Alibi Evidence
Brett Lovins obtained a dismissal prior to arraignment for a client accused of larceny and assault and battery. Presenting alibi evidence, Brett convinced the prosecutor that the client was innocent, and that the true perpetrator had stolen the client’s identity to evade prosecution.
Pretrial Condition of Curfew Amended to Allow Client the Ability to Work More Shifts
Brett Lovins persuaded the court to amend the conditions of his client’s pretrial release by demonstrating the previously imposed curfew was significantly limiting the client’s ability to obtain full-time employment. The amended curfew would permit the client to be available to work evening and early-morning hours.
Case Focus Published in Boston Bar Journal
The Boston Bar Journal published Brett Lovins’ analysis of the recent decision, Vazquez Diaz v. Commonwealth, by the Massachusetts Supreme Judicial Court. In that opinion, the SJC concluded that an evidentiary hearing held virtually over Zoom during the pandemic would not violate a criminal defendant's constitutional rights.
Dismissal of Assault & Battery Charges on Day of Trial
On the day of trial, the court allowed Brett Lovins’ motion to dismiss the multiple charges of assault and battery against his client when the Commonwealth failed to proffer sufficient evidence to prove its case.
One-Year Extension Granted for Client’s Harassment Prevention Order
In a Zoom hearing, Brett Lovins won a motion to extend a harassment prevention order on behalf of his client, who had been living in fear of the defendant. The restraining order was extended for one year, the maximum time period allowed by the court.
Case Dismissed for Client Accused of Drug Offense
At a telephonic pretrial court hearing, Brett Lovins obtained a dismissal for his client charged with a subsequent drug possession offense after establishing that he had voluntarily entered into a drug treatment program and remained actively engaged in counseling.