Justia Lawyer Rating for David J Grimaldi
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Case Results

Violent Offenses

In a jury trial in Suffolk Superior Court, I represented a client accused of violently assaulting four different people, including stabbing several people during an armed robbery. One of the stabbing victims was significantly injured and required emergency surgery. Prior to trial, I worked with a defense investigator who uncovered crucial information that the prosecution never developed. At trial, I called several witnesses who testified in my client’s favor. We even subpoenaed a police officer to testify about an occasion he witnessed aggressive behavior by an important prosecution witness. The jury found my client NOT GUILTY of all charges, including armed assault with intent to murder, armed robbery, and mayhem.

In a jury trial in Suffolk Superior Court, I represented a man accused of assaulting a family member with a firearm. The particular firearm charge at issue meant that the client faced a significant mandatory minimum sentence if convicted. At trial, the prosecution played a 911 call by the family member that the prosecution believed would prove its case. The police also found a gun in the house. Despite this evidence, I challenged the credibility of the alleged victim and revealed a pattern of manipulative behavior and false accusations. The jury found my client NOT GUILTY of all assault and firearm charges.

In a jury trial in Cambridge District Court, I was hired to represent a client accused of hitting a pedestrian with her car during an alleged “road rage” incident. My client was charged with assault and battery by means of a dangerous weapon. One of the prosecution witnesses to the incident was a priest who even testified in his religious clothing. Nonetheless, I vigorously cross-examined all of the Commonwealth’s witnesses and exposed the flaws in the prosecution’s case. The jury found my client NOT GUILTY.

In a case out of Brighton District Court, I represented a client charged with assault and battery on a woman he was dating. Through defense investigation, I located a surveillance video of the alleged victim maliciously damaging a car belonging to my client’s female friend. It turned out that the alleged victim fabricated her accusations against my client after she suspected he was romantically involved with his female friend. After I produced the surveillance video, the alleged victim refused to testify by taking her 5th Amendment privilege against self-incrimination and the case was DISMISSED.

In a case out of Lynn District Court, I represented a client accused of bank robbery. A surveillance video depicted a man resembling my client committing the robbery, and a bank teller identified my client as the robbery from a photographic array assembled by the police. Upon investigation, I was able to establish a conclusive alibi for my client and all charges were DISMISSED.


Sexual Offenses

In a jury trial in Suffolk Superior Court, my client was charged with participating in an alleged “gang rape” of a fifteen year-old girl. He faced numerous counts of rape of a child, assault with intent to rape a child, and even witness intimidation. At trial, I dismantled the prosecution’s case by challenging the credibility of their witnesses and undermining their supposedly conclusive DNA evidence. My client was found NOT GUILTY of all charges.

In another jury trial in Suffolk Superior Court, my client was charged with raping and indecently assaulting a very young child, as well as showing her pornography. At trial, I patiently and methodically took apart the prosecution’s case by revealing that the child had made contradictory claims in the past, and that even the child’s own siblings failed to witness what she claimed happened. I also challenged the prosecution’s “expert” medical doctor and child psychologist who were hired in an attempt to bolster the prosecution’s case. The client was found NOT GUILTY of numerous charges, and the prosecution was forced to DISMISS all of the remaining charges.

In another jury trial in Salem Superior Court, my client was charged with violently raping a woman who he had known for several years. At trial, I successfully cross-examined the accuser and showed that her accusations grew more severe after she realized she might obtain immigration benefits if her claims were sufficiently serious. I also introduced medical records and other documentation concerning the accuser that undermined her accusations. The client was found NOT GUILTY of rape.

In a matter out of Boston, a woman accused my client of raping her after they met on a popular dating phone app. Prior to the client retaining me, the woman even obtained an emergency restraining order against the client. After the client retained me, we successfully prevented the client from facing criminal charges by producing text messages suggesting that the woman fabricated her accusation because she suspected my client of dating other women. After we produced this evidence, the accuser, who obtained her own lawyer, agreed to vacate the restraining order. The client was never charged with a crime.


Homicide

In a murder trial in Suffolk Superior Court, my client was accused of killing a fellow patient in a psychiatric hospital. Our defense was that my client suffered from mental illness at the time of the incident and was not responsible for the patient's death. In support of our defense, we obtained significant treatment records concerning the client, interviewed numerous witnesses, and hired a neuropsychological expert who evaluated the client and wrote a compelling report documenting his findings. At trial, we successfully presented our defense, and the expert witness provided persuasive courtroom testimony. At the conclusion of the case, the client was found not guilty and completely cleared of the charge.

In a jury trial in Brockton Superior Court, I was hired to defend a client charged with motor vehicle homicide while intoxicated. In defending my client, I prepared a defense that, rather than the client, the person who died was the actual cause of the accident resulting in death. At trial we demonstrated that the deceased was drunk, speeding, swerving on the road, and ultimately responsible for the accident with the client. I subpoenaed numerous witnesses who testified about the deceased’s intoxication and impaired driving. Indeed, we made history in the case by securing immunity for defense witnesses, the first time a defense lawyer ever achieved immunity for defense witnesses in Massachusetts. (View Article) At trial, I also called a video technology expert to testify about a surveillance video depicting the vehicles just before the crash. His testimony conclusively proved that the deceased’s car was traveling faster and more dangerously than the client’s car before the accident. The jury returned a verdict of NOT GUILTY on the charge of motor vehicle homicide.

In a first-degree murder case in Middlesex Superior Court, I filed a motion to suppress (or throw out) the only identification of my client by an eyewitness. At the hearing, the eyewitness testified over several days, and numerous police officers took the stand for the prosecution. During the hearing, we showed that the eyewitness identification was faulty and unreliable. The judge ultimately agreed and SUPPRESSED the identification.

In a first-degree murder case in Bristol Superior Court, I filed a motion to suppress my client’s recorded statement to police following his arrest. In almost every case, a client should never speak to the police when under investigation; even if the client professes his innocence, the police can often use something in your statement against you. In this case, I successfully argued that the police violated my client’s constitutional rights when they continued to question him after stated he no longer wished to speak. The judge SUPPRESSED the recorded statement.


Firearm Offenses

At a jury trial in Suffolk Superior Court, I won a verdict of Not Guilty for my client indicted for possession of a firearm without an FID card, possession of ammunition without an FID card, carrying a loaded firearm, and assault with a dangerous weapon. At trial, I successfully challenged the credibility of both civilian and police witnesses and won my client an acquittal.

In a case in Suffolk Superior Court, I successfully moved to suppress a sawed-off shotgun after proving that the Boston Police violated my client’s rights by searching the area around his home without a warrant. The prosecution appealed the judge’s order; however, in a unanimous decision, the Supreme Judicial Court ruled that the motion judge was correct and affirmed suppression of the firearm evidence. By winning the motion, my client avoided a significant mandatory minimum sentence and the case was dismissed.

In a case in Salem Superior Court, I successfully moved to suppress a large capacity ammunition clip (the kind used in an AK-47) by challenging claims by police that they possessed “probable cause” to obtain a search warrant for my client’s home. After a hearing, the Court agreed with my argument that the police lacked sufficient information to justify the search warrant and ruled that the warrant should never have been granted. The Court dismissed all charges against my client.

In a case in Chelsea District Court, I successfully moved to suppress a firearm seized by the police during a so-called stop-and-frisk of my client near his home. At a hearing where numerous police officers testified, I convinced the motion judge that the police illegally searched my client without sufficient justification. By winning the motion to suppress, all charges were dismissed.

In a shooting and firearms case in Suffolk Superior Court, I successfully moved to suppress my client’s statements to police. The courtroom win led the prosecution to dramatically reduce the charges against my client.

In a case in Boston Municipal Court, I successfully won dismissal of firearm and ammunition charges, including an Armed Career Criminal (ACC) sentencing enhancement. After I filed my motion, the prosecution conceded to my argument and the judge dismissed all charges.


Federal Offenses

In a federal case in Boston, I represented a man who was accused of lying to federal officials about his past when he applied to become a naturalized citizen. By prosecuting this charge, the government was seeking to imprison the client, strip him of his citizenship, and deport him to a country where he had not lived in 20 years. We took the case to trial in federal court and persuasively argued that the client never lied to officials and had no intent to mislead them. The jury agreed with us and the client was found not guilty of the charge. By winning this acquittal, we saved the client's citizenship and successfully prevented his incarceration and deportation.

In one federal case, I successfully prevented a client who was under investigation from being charged with drug trafficking. This crucial victory, which occurred before anybody was charged, spared the client significant stress, resources, and even his freedom.

In another federal case in which DEA agents used wiretaps, search warrants, and informants to build a drug distribution case against my client, I successfully secured probation for my client despite the probation department’s written request to the judge that my client serve federal prison time. With my assistance, the client remained free and walked out of the courthouse.

In another federal case involving over a dozen defendants, I won a client’s admission into a rare Court-supervised drug treatment program that dramatically reduced the client’s chances of imprisonment.


Drug Offenses

In a case in Salem Superior Court, I successfully moved to suppress a large amount of heroin by proving that the police violated my client’s rights during a warrantless stop and search of a car in which he was a passenger. After winning the motion, the Court dismissed an indictment for Trafficking in Heroin.

In a case in Chelsea District Court, I successfully moved to suppress cocaine and marijuana by showing how the police illegally stopped and frisked my client. After winning the motion, the Court dismissed charges of possession with intent to distribute and drug violation in a school zone.

In another case in Chelsea District Court, I successfully moved to suppress cocaine by convincing the Court that the police illegally strip-searched my client. The Court then dismissed all charges.

In a case in Brockton District Court, I successfully moved to suppress cocaine by proving that a State Police Trooper illegally ordered my client out of his car. After winning the motion, the Court dismissed charges of possession with intent to distribute.

In another case in Brockton District Court, I successfully moved to suppress cocaine by convincing the judge that a State Police Trooper’s testimony about his stop and search of my client’s car was not credible. After winning the motion, the Court dismissed the cocaine charges.

In a well-publicized victory [Article] in Salem Superior Court, I successfully moved to suppress evidence illegally seized from my client’s phone without permission. The Court’s ruling dramatically improved my client’s case.

In another case in Salem Superior Court, I successfully moved to suppress a police officer’s identification of my client as the man he said distributed cocaine.

In another Salem Superior Court case, I successfully moved to suppress my client’s statement at the police station by proving that the police violated his Miranda rights.

In a case in Suffolk Superior Court, I successfully moved to dismiss charges of possession with intent to distribute cocaine and marijuana by challenging the prosecution’s refusal to produce the identity of a so-called confidential informant. My client, who was indicted as a subsequent offender, avoided a mandatory minimum prison sentence.

In a case in Salem Superior Court, I successfully moved to dismiss charges of trafficking in Oxycontin by proving prosecutorial misconduct to the grand jury. As a result, my client was spared a lengthy mandatory minimum prison sentence.

In a case in Lynn District Court, I showed that prosecutors lacked “probable cause” for cocaine charges when they failed to produce evidence that my client knew the drugs were present in the apartment. The Court allowed my motion to dismiss all charges.


Domestic Offenses & Restraining Orders

In a case in Suffolk Superior Court, my client was found Not Guilty of various assault and firearm accusations made by his sister. At the jury trial, the prosecution played a recorded 911 call in which the sister repeatedly screamed that my client was threatening her with a gun. At trial, I challenged the sister’s credibility and demonstrated the many inconsistencies in her story. The jury’s acquittal of my client saved him from years in prison.

In a case in Brockton District Court, my client was found Not Guilty after his girlfriend accused him of a violent assault. At trial, we showed that the alleged victim fabricated her accusation after my client told her that he no longer wanted to date her. The acquittal preserved my client’s clean record.

In a case out of Boston Municipal Court, Dorchester Division, a woman accused my client of violently assaulting her during an argument. However, my investigation revealed that the alleged victim was actually jealous over my client’s interest in another woman. With the assistance of a private investigator, I secured a surveillance video from a local business showing that, on the night of my client’s arrest, the alleged victim maliciously damaged the car of the “other woman” by dragging a sharp object over the car body and flattening the tires. After we produced this video in court, the alleged victim “took the 5th” and the case was dismissed.


College and University Discipline

In one disciplinary matter, I successfully represented a client under investigation for drug distribution at a large university in Boston; the university police even utilized confidential informants and cooperators in an effort to prove their suspicions against my client. After the student hired my office, the university ultimately dropped the investigation and my client suffered no adverse consequences. We also avoided a criminal charge by local police.

In a Title IX matter, I represented a student accused of sexual misconduct against another student at a major university in Cambridge. After an extensive investigation and a hearing at the university, which included testimony by my client and reports by expert witnesses, the university found my client not responsible of the sexual misconduct accusation.


Computer and Internet Crimes

In a case in Salem Superior Court, I represented a client accused of child pornography and related offenses. As part of our defense, I hired a computer forensics expert who proved that the messages allegedly sent by my client were not contained on my client’s computer. In the same case, I successfully moved to suppress (or throw out) evidence seized from my client’s social networking account. Upon producing a conclusive report of our computer forensic findings, the Court dismissed the charges.

In a case in Suffolk Superior Court, I represented a client accused of child pornography offenses. At a motion to dismiss hearing, I argued that the particular images at issue were not criminal in nature. Over the objection of the prosecution, the Court dismissed the charges.

In a case alleging possession with intent to distribute narcotics, I filed a motion to suppress (or throw out) evidence that the police illegally obtained after searching my client’s cell phone without a warrant. After a hearing in which the police officers who searched the phone were subpoenaed to testify, the Court allowed our motion and suppressed the evidence.


Clerk-Magistrate Hearings

In a matter in Cambridge District Court, I represented a person accused of assault and battery and leaving the scene of an accident. After the hearing, the Clerk-Magistrate found no probable cause and dismissed the application for complaint. No charges issued and my client has a completely clean record.

In a matter in Newburyport District Court, I represented a client accused of leaving the scene of property damage. At the hearing, the Clerk-Magistrate found no probable cause and dismissed the charges. The accusation does not appear on my client’s record.

In a matter in Somerville District Court, I represented a man accused of shoplifting at an expensive retail shop in Somerville. Despite the presence of surveillance video, I convinced the Clerk-Magistrate to defer making a decision for six months while the client attended to personal matters. Six months later the charges were dismissed. Again, my client has a completely clean record.

In a matter in the Dorchester Division of the Boston Municipal Court, I represented a man accused of various motor vehicle offenses. Prior to the hearing, I assisted the client in clearing up his outstanding matters with the registry of motor vehicles. At the Clerk-Magistrate’s Hearing, the application for complaint was dismissed. My client preserved his clean criminal record.

In a matter in Cambridge District Court, I represented a person accused of assault and battery after an alleged “road rage” incident. With the Clerk-Magistrate’s consent, I negotiated a settlement with the other party leading to the immediate dismissal of the charges. Again, my client retained a completely clean record.


OUI and Driving Offenses

One significant example of my success in OUI cases is a case where I defended a man charged with motor vehicle homicide by OUI in Brockton Superior Court. Needless to say, this was an extremely serious matter where the stakes were very high. Nonetheless, I worked bit-by-bit to improve my client’s chances of success. We won a motion to suppress (i.e. throw out) his statement to police after the accident, an important step toward victory. I also hired a media company to review and enhance surveillance video that helped prove several important facts in the case. At trial, I became the first lawyer in Massachusetts history to obtain judicial immunity for defense witnesses (View Article), a substantial development in criminal law for which I am very proud. In the end, the jury found my client Not Guilty of the homicide.

In a matter in Cambridge District Court, I presented a person accused of assault and battery after an alleged “road rage” incident. With the Clerk-Magistrate’s consent, I negotiated a settlement with the other party leading to the immediate dismissal of the charges. Again, my client retained a completely clean record.

Client Reviews
★★★★★
Attorney David Grimaldi is a truly exceptional criminal defense lawyer. He represented me in a case in Suffolk Superior Court, and I know that I received the absolute best possible representation. Mr. Grimaldi met with me often, always kept me informed, answered my questions, and fought hard for me in court. Mr. Grimaldi always believed in me. I knew I could always count on him. When we went to trial and I was found not guilty, I knew it was because of Mr. Grimaldi's hard work and dedication. If you need a great criminal defense attorney, I highly recommend you call Attorney David Grimaldi. H.E.
★★★★★
I highly recommend David Grimaldi. He was always responsive and sympathetic to my situation, from the very first call at the height of my crisis until the case was eventually dismissed. In court he was articulate and clever without ever appearing to upset the other attorney or judge presiding. I hope I never need him again, but if I did I wouldn't hesitate. P.R.
★★★★★
At some point in our lives we all run into a situation we can not control and need help. I was lost and after 2 lawyers and no help in sight I got lucky and someone referred David Grimaldi to me for my federal case . After 19 days without even a chance for Bail/Bond, David stood up and fought for me and I was released. My case made national news and was highly publicized. Not only was I released, but the prosecuting AUSA was clearly outmatched in arguments as David is the best at making adjustments and knowing what to say and do for his clients. In the end I could not have in my wildest dreams expected such a great result in a case that appeared to have no light at the end of the tunnel. I would recommend David 100 times out of 100. Honest and professional. You won't find a better man to fight for you than David. Adam P.