Criminal Defense

Criminal Defense – Successfully argued for the dismissal, prior to arraignment, of a charge that attorney Cloutier’s client violated a Harassment Prevention Order. By providing the District Attorney’s Office with photographs, a written legal analysis explaining the legal deficiencies of the charge, including the police officer’s misunderstanding of the law and the contents of the Harassment Prevention Order, the Assistant District Attorney determined that the charge was improper and moved to dismiss. By dismissing the charge prior to arraignment, the charge will never show up on attorney Cloutier’s client’s record thus preserving his clean record.

Criminal Defense – Attorney Cloutier secured the release of a sixty-five- year old client with no prior criminal record after the client was arrested on an allegation of violating a Harassment Prevention Order. Attorney Cloutier’s client was arrested by the State Police on Saturday morning of a three-day weekend. On Saturday evening, the clerk magistrate assigned to assess a bail wrongfully determined that the offense was one that did not allow for bail and that attorney Cloutier’s client would have to remain in jail until Tuesday morning. Upon learning of his client’s predicament on Sunday morning, attorney Cloutier immediately contacted the State Police and the clerk magistrate in question to demand his client’s lawful release. Recognizing his legal error, the clerk magistrate released attorney Cloutier’s client on Sunday evening so that he could return to his family.

Criminal Defense – Secured a Not Guilty verdict from a jury of six in the West Roxbury Division of the Boston Municipal Court for a client charged with Operating Under the Influence of Alcohol. Key to securing this acquittal was attorney Cloutier’s use of electronic, overhead imagery showing defects in the roadway and that these defects, rather than the client’s alleged impaired driving, caused attorney Cloutier’s client’s front tire to rupture. Attorney Cloutier also demonstrated the arresting officer failed to follow essential, standardized steps necessary to properly investigate a driver suspected of operating under the influence.

Criminal Defense – Successfully argued in the West Roxbury Division of the Boston Municipal Court for a dismissal of a criminal charge of Leaving the Scene of Property Damage on behalf of a client that is a member of the United States Army Reserve and a decorated Veteran of the war in Iraq.

Criminal Defense – Shortly after being arrested and spending 17 hours in jail over the weekend, I successfully argued, in the West Roxbury Division of the Boston Municipal Court, for dismissal of a complaint charging my client with malicious destruction of property on the ground that the alleged property destroyed did not belong “to another” as required under the statute.

Criminal Defense – Secured a Not Guilty verdict from a Judge in the Concord District Court for a client charged with operating under the influence of alcohol. Critical to the Not Guilty verdict was attorney Cloutier’s retention of an investigator to drive along and videotape the route along interstate 95 where the State Police alleged attorney Cloutier’s client’s tires were drifting over his lane of traffic. What the videotape showed was that this stretch of highway was under construction and that the traffic lanes had various intersecting travel lanes, some faded and some brighter such that it was nearly impossible to distinguish what the exact travel lane was. Attorney Cloutier also demonstrated through cross-examination that the arresting Trooper failed to follow essential, standardized steps necessary to properly investigate a driver suspected of operating under the influence.

Criminal Defense – 71-year old client was charged with Negligent Operation of a Motor Vehicle following her involvement in a four-car accident in Georgetown, MA. Attorney Cloutier successfully advocated for the denial of the criminal complaint before the clerk magistrate. Attorney Cloutier’s presentation of photographs from the scene and his identification of numerous shortcomings in the Police Department’s investigation of the accident contributed to the clerk’s decision that there was no probable cause to support the criminal charge.

Criminal Defense – Successfully argued, in the Concord District Court, against the issuance of criminal charges during a show cause hearing before a clerk magistrate which prevented the 18-year old client from having an adult criminal record. Client was 18-year old with a minor juvenile record. Shortly after his 18th birthday, the client was involved in a single-car, motor vehicle accident that caused property damage to a state-owned traffic light. Client reported the accident to the local police the following day. Local police filed charges of leaving the scene of property damage and negligent operation of a motor vehicle. Following oral argument, the clerk magistrate continued her finding for 9 months pending the client’s agreement to pay restitution to the State for the cost of repair of the sign.