Criminal
Attorney DiBella has handled hundreds of criminal matters throughout all of MA and NH for all types of crimes and offenses. Below is just a sampling of results he has obtained. Please feel free to contact our office to find out results regarding offenses similar to ones you may have been charged with that may not be listed below.
Assault and Battery
Client, was the spouse of the alleged victim, was arrested for Domestic Assault and Battery. Client's wife alleged that Client had grabbed her by the throat and threw her to the ground during an argument. When the police arrived, they allegedly observed marks on her throat.. Attorney DiBella, investigated this matter, counsels Client and his wife, then advocates to the prosecutor that the case should not go forward. Today, on a pre-trial date, Attorney DiBella had the wife assert her marital privilege not to have to testify against her spouse. The prosecutor conceded that they could not move forward without the wife's testimony. Result: Case Dismissed.
Driving Under the Influence of Alcohol
Client, a middle aged woman, was driving during inclement weather. The client struck a guard rail. When Police arrived she admitted that she had been drinking and went on to take the breathalyzer test and blew over the legal limit if .08. Attorney DiBella investigated this matter and was able to work out a deal with the district attorney which continued the case without a finding for a period of one year. After that one year if the client does not have any further criminal issues the case will be dismissed. Result: CWOF/Dismissed.
Possession of Controlled Substance with Intent to Distribute/School Zone Violation
Client, a 47 year-old man, faced a school-zone charge, which carries a minimum, mandatory penalty of two years in the house of correction. Attorney DiBella, investigated this matter, and drafted a breakdown letter to present to the district attorney. Attorney DiBella was able to get the school zone charge which carries a minimum mandatory of 2 years dropped and the possession with Intent to distribute charges dropped to straight possession. The client served NO jail time and was given straight probation. Result: School Zone Charge Dropped
Indecent Assault and Battery
Client was charged with committing 2 acts of Indecent assault and Battery. The prosecution alleged that Client was drinking with family and friends at a party. The Client was coming on to a woman at the party. The Client and alleged victim both sleep over. The Client was inappropriately touching the victim without her consent. Over the course of two years, Attorney DiBella investigated this matter and prepared the case for trial. During the course of his investigation, Attorney DiBella uncovered exculpatory evidence; including (1) inconsistencies in the young woman's story; Result : Indecent A&B dropped to Straight A&B eliminating the need for sex offender registration.
Breaking and Entering with Intent to Commit a Felony
Result: Case Dismissed.
