Category Archives: Uncategorized

Not Guilty – Armed Career Criminal Level 3

Client was indicted in Suffolk Superior Court with possession of a firearm, second and subsequent offense, and possession of a firearm as an Armed Career Criminal level 3, along with a possession of a Class B controlled substance.

After a hearing the client’s motion to suppress, the Court ruled that the police officers frisked and searched the client in violation of his rights under the Fourth Amendment to the US Constitution and suppressed the alleged drugs that were recovered. After trial, where the client was facing a 15 year mandatory minimum, the client was found Not Guilty on all counts.

Drug Case Dismissed

Attorney Perullo in the Boston Municipal Court, Central Division, had a serious drug distribution case dismissed when the government answered not ready for trial. Not all drug cases are the same, but they all require the government to prove that the substance seized is actually an illegal drug. In this case the government failed to prove that the substance seized was an illegal drug thus the Court dismissed the case.

If you have a drug case pending in the Commonwealth, please contact the Law Office of Joseph M. Perullo.

Further reading:
Can drug labs be sued for faulty drug tests?
by Maggie Clark, Pew/Stateline Staff Writer, USA Today

 

Attorney Perullo Successfully Defends Charlestown Man in Armed Robbery Trial

After a four day trial in Suffolk Superior Court, before the Honorable Linda Giles, the client was found Not Guilty on all indictments; armed robbery and assault with a dangerous weapon, as an Habitual Offender.

Attorney Perullo was able to highlight the unreliable nature of eye witness testimony and with the aide of an expert in memory and psychology, helped explain to the jury that eye witness evidence without more, is not proof beyond a reasonable doubt. JosephPerullo

Attorney Perullo represents Boston nanny charged with theft of 280k from local family

Nanny Charged With Stealing $280,000 From Boston Family
“A Boston nanny accused of allegedly stealing hundreds of thousands of dollars from the family that employed her now faces federal bank fraud charges, authorities said.”

Nanny had long history of larceny, check fraud
“The alleged victim of a nanny who police say stole hundreds of thousands of dollars is a Bain & Co. executive who learned too late that the woman taking care of her children had a long and public history of passing bad checks all over Greater Boston.”

Drug Charges Dismissed

Attorney Perullo represented a Charlestown resident on charges of Distribution of a Class D substance and possession of Class B and Class C substances. Attorney Perullo filed a Motion to Suppress and the Court held a hearing on the Motion where Attorney Perullo cross examined the Boston Police Officers. After the hearing, the Court ordered that any and all evidence seized from the Charlestown resident would not be admitted in Court because the Police had violated the resident’s Constitutional rights. After the Motion was allowed, the government dismissed the case because they couldn’t prove the charges. This case is representative of the zealous advocacy that Attorney Perullo strives for case after case.

OUI Dismissed

Attorney Perullo represented an individual charged with Driving under the influence of liquor after a roadblock. Attorney Perullo filed a Motion, challenging the constitutionality of the roadblock and the stop of his client. After the hearing, the Court allowed the Motion, and excluded any observations of the defendant and the breathalyzer result. The case was dismissed. This case is emblematic of the thoroughness and diligence that Attorney Perullo brings to every single client. Attorney Perullo, just like he did with this case, will review your case with you at no cost, and help determine the path towards the best result possible for the client.

Commonwealth v. Smith – Third Gun Offense

Attorney Perullo represented an individual charged with his third firearm offense in Suffolk Superior Court. During the discovery process Attorney Perullo filed various motions seeking information related to an alleged Boston Police Department confidential informant that was used to help make an arrest. After Attorney Perullo filed the motions for Discovery related to the Confidential informant, the Commonwealth told the Court that it would not seek any further prosecution of the case due to the Confidential Informant Motions. This case is emblematic of Attorney Perullo’s pretrial discovery motion practice and how it can be very effective at getting serious cases dismissed.

Commonwealth v. Jones – Drug and Resisting Arrest Charges Dismissed

Attorney Perullo represented an individual charged in the Boston Municipal Court with possession with the intent to distribute a Class B substance and resisting arrest charges. After a Motion to Suppress hearing and a Motion to Dismiss hearing, the Court dismissed all charges contained in the complaint because the Court ruled that the police unlawfully stopped and frisked the individual and that the police failed to allege facts that would support the resisting arrest charges. This case demonstrates a common theme in the Boston Courts – the police will routinely overreach and over charge and many of these types of cases will not go to trial due to unlawful police tactics exposed by Attorney Perullo.

Four men and two women charged in police raid that closed alleged brothel in Charlestown – Charges eventually dismissed.

This case was eventually dismissed by the Court for a lack of evidence against all the defendants. Attorney Perullo filed many pretrial motions highlighting what he believed to be abusive police tactics in the use of an alleged confidential informant by the Police.

Boston Globe
By Peter Schworm and John R. Ellement

Four men and two women were arraigned in Charlestown District Court today in the wake of a Boston police raid that shut down an alleged brothel and drug den operating in a federally subsidized house, authorities said.

But attorneys for some of the accused scornfully dismissed the evidence as “very thin’’ and said police and Suffolk District Attorney Daniel F. Conley’s office offered no substantial proof that crimes were routinely being committed in the house at 87 Cambridge St.

In a report filed with the court, police said the primary focus of their ongoing investigation were Luis Viaud, 22, of Boston and Hendricks Berdet, 25, of Boston.

Police alleged in the report that Viaud and Berdet were “acting as a team to distribute narcotics and prostitute young women.” The department’s Human Trafficking Unit has taken over the investigation, police said.

Berdet’s attorney, George Morrissey, said his client lives on the first floor while the drugs that were found were in the kitchen, a common area, on an upper floor. “It’s a weak case,” he said in court

Both men pleaded not guilty to drug-related charges in court today where bail was set at $7,500 cash for Viaud and $500 cash for Berdet.

And the attorney for another defendant, James Imbert, 25, Boston, said the allegations of a brothel were without foundation.

“There is no evidence presented to anyone that prostitution was going on,” Imbert’s attorney, Joseph Perullo, said in court.

During their arraignment, Suffolk Assistant District Attorney Peter Pasciucco cited a Boston police investigation that was triggered by community complaints and led to a raid of the building early Thursday morning.

In the report, police said they conducted an undercover drug investigation which included the two sales of heroin to an undercover Boston police officer. During the raid, police said, they recovered thousands of dollars in cash from various spots in the building, sex toys, and business cards commonly used by front businesses for prostitution.

Police also said they seized a flyer headlined, “Charlestown Madness.” It included the phrases, “come party with us for $5 at the door. Nuff gyal ago de de!!!!!’’ Police said in the report that the meaning of the slang phrase was “enough girls to go around.’’

In the police report, the resident of the apartment was identified as Sade Horsely, who was paying $200 out of the $1,200 monthly rent, with the rest covered under the federal Section 8 program. Horsely pleaded not guilty to charges of possession of Class B with intent to distribute. She was released on personal recognizance.

(link to story here) Continue reading