Cases Dismissed in the Interest of Justice
Suspecting that there may be a question as to his client’s competency, Brett Lovins successfully advocated for his client to be evaluated before proceeding in two criminal matters in the Malden District Court. After a psychological examination and evidentiary hearings on the issue, Brett persuaded the court to conclude that his client was incompetent to stand trial and to dismiss all charges against him in the interest of justice.
With Pre-Arraignment Diversion Program, Client Avoids Felony Charges
Brett Lovins helped his client avoid felony charges in the Ipswich District Court by persuading the prosecutor to agree to a diversion program for mental health reasons. Because his client obtained diversion prior to arraignment, he was able to preserve a clean criminal record.
Dismissal of Felony Charges on Day of Trial
On the day of trial, Brett Lovins secured a dismissal of felony charges against his client when the government failed to proffer sufficient evidence to prove its case. The case originated in the Woburn District Court and involved allegations of witness intimidation.
Case Dismissed After Suppression of Key Evidence
Brett Lovins secured a dismissal of all charges for his client after successfully persuading a court to suppress an eyewitness identification of his client. The court ruled that the Commonwealth could not use the identification at trial after Brett demonstrated that a police officer administering a photo array to an eyewitness failed to follow protocols designed to safeguard the fairness and neutrality of the identification process.
Not Guilty After Jury Trial on Domestic Assault & Battery Charge
After a jury trial in the Malden District Court, a jury acquitted Nelson Lovins’ client accused of domestic assault and battery. Nelson successfully asserted a “defense of others” defense on behalf of his client, who was protecting his sister from the alleged victim during the altercation.
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.