Case Results

Assault and Battery on Family Member and Assault and Battery With a Dangerous Weapon

Outcome: Case Dismissed

New Bedford District Court – New Bedford PD – Client allegedly grabbed a large kitchen knife and pushed up the flat end of a knife up against alleged victim’s neck. After interviewing the complainant, she state that those events did not happen. The case was marked for trial and on the trial date the complainant invoked her Marital Privilege and the case was dismissed.

Operating Under the Influence of Drugs and Reckless Endangerment of a Child

Outcome: Case Dismissed

New Bedford District Court – New Bedford PD – Client is alleged to have been operating a motor vehicle under the influence of drugs. After the Commonwealth failed to provide the name of the drug they alleged him to be using, or the amount of the Drug they believed to be in his system. Attorney Pacella filed a motion to dismiss for want of sufficient evidence. The case was dismissed out right on the day of trial.

Assault and Battery, Witness Intimidation and Assault and Battery With a Dangerous Weapon

Outcome: Case Dismissed

New Bedford District Court – New Bedford PD – Client was alleged to have committed an Assault and Battery. After interviewing the complainant, she advised that she wished to invoke her marital privilege and the case was dismissed at trial.

Shoplifting and 3 Counts of Assault and Battery

Outcome: Case Dismissed

New Bedford District Court – New Bedford PD – Client was accused of allegedly shoplifting and three separate counts of Assault and Battery on three store employees. After an investigation, it became clear that the 3 store employees exceeded the scope of their authority and acted outside of the standard operating procedures put in place by the store, when they force fully detained my client. The case was set for trial. On the day of trial no witnesses appeared and Attorney Pacella moved to dismiss the case. The case was dismissed.

Larceny From a Building

Outcome: Case Dismissed

New Bedford District Court – New Bedford PD – Client is charged with Larceny from a building. After an investigation, it appeared that there was only one alleged witness to the alleged crime. However he never saw who actually saw who committed the crime. The case was set for trial. On the day of trial, none of the Commonwealth’s witness showed up. Attorney Pacella move the court to dismiss the case. The motion was allowed and the case was dismissed.

Assault and Battery, Use of a Motor Vehicle without Authority 2nd Offense and Malicious Destruction of Property over $250.00

Outcome: All 3 counts were dismissed

New Bedford District Court – New Bedford PD – Client is charged with Assault and Battery on a House Hold Member, Use of a Motor Vehicle Without Authority 2nd Offense and Malicious Destruction of Property over $250.00. Client and girlfriend get into an argument, girlfriend accuses client allegedly of assault and battery, use of her car without her permission and malicious destruction of property valued more than $250.00. After the defenses investigator interviewed the alleged victim, the alleged victim stated that the events never happened! The case was set for trial and on the date of trial the alleged victim stated that the events as alleged in the police report never occurred. Attorney Pacella moved to have all 3 counts dismissed.

Operating Under the Influence of Alcohol (4th), Failure to Stop and Operating With a Suspended License Subsequent Offense

Outcome: Failure to stop was dismissed, Operating a Motor Vehicle with a Suspended License; Subsequent Offense: Guilty Straight Probation for 2 years, Operating Under the Influence of Alcohol 4th Offense: OUI 4th offense reduced to an OUI 2nd Offense Guilty 2 year sentence suspended for 2 years with 14 Day Inpatient Program

New Bedford District Court – Massachusetts State Police- Client was charged with Operating Under the Influence of Alcohol 4th Offense. Attorney Pacella investigated the 3 prior OUI’s charges and discovered that one of the Docket numbers they were using to justify an OUI 4th was not even my client, and therefore was dropped. The other OUI credited towards the OUI 4th Attorney Pacella reviewed the docket sheet for that matter and found that the client was unrepresented by counsel, nor was there an attorney waiver form in the file. Attorney Pacella filed a motion to withdraw the plea and set the case up for trial. On the day of Trial the Commonwealth was unable to produce a copy of the complaint and or police report, in addition there were no police officer witnesses present and the case was dismissed. As a result Attorney Pacella was able to reduce an OUI 4th to an OUI 2nd for which the client plead Guilty to a 2nd Offense Operating under the Influence charge and not a 4th offense. Due to the numerous Operating a Motor Vehicle with a suspended license charges the Common wealth was seeking to have my client serve a 1 year sentence. After negotiating with the Commonwealth, Attorney Pacella was able to negotiate that his Client would plead Guilty to 1 year straight probation to run concurrent with his Operating under the Influence charge. Thus avoiding any jail time.

Assault and Battery With a Dangerous Weapon

Outcome: Dismissed Prior to Trial

Client was accused of allegedly stabbing the complainant, however my client was stabbed by the alleged complainant. The case was set for trial. On the day of trial the alleged victim appeared and invoked his 5th Amendment Privilege along with my client and both cases was dismissed.

Indecent Assault and Battery on a Child Under 14 Years of Age

Outcome: Found Not Guilty

Client accused of indecent assault and battery on his then 5 year old daughter, but not reported for almost 12 years. Case went to trial and was found Not Guilty.