Successful Case Results for
Attorney Gregory Oberhauser’s Clients

Oberhauser Law has successfully defended clients in all areas of Massachusetts. The results below will show you legal expertise you will receive with our firm on your side. This page contains defense results for OUI, drugs, violent crimes, white collar crimes and bankruptcy proceedings.

Greg, I wanted to take a minute and thank you for your services and help today. It is a relief to have an Attorney who will work for what’s right and fight for you. You are a true professional and you represented that in every fashion today. – Brian Todd

Recent OUI/DUI Results

Ayer District Court:

OUI First Offense

April 2018 –  Breath Test (BT) 0.13 car crash car found on its roof in the woods of Westford, MA.  Able to suppress the BT and able to pick a jury.  Was able to get the police officer to admit that the client passed 3 out of 4 FST’s at the scene.  Showed the booking video where client was responsive and alert to all questions.  Able to follow all instructions at the police station, even nailed placing his feet on the exact mark that was pointed out for him to place his feet, then follow the directions when having his photo taken.

Jury followed the evidence and returned a finding of Not Guilty.  Very grateful 23 year old client and mom and dad.

OUI first offense case results

OUI not guilty case results


Lawrence District Court

Weapons Charges

April 2018 – Young client age 18, found with his girlfriend parked smoking some Marijuana. Ordered out of the car after the police officer opened the door. In the car a pistol, magazine able to hold more than 9 bullets and ammunition he was Charged with Firearm, Carry without License c.269 s. 10(A); Dangerous Weapon, Carry c. 269 s. 10(B) Ammunition without FID Card, Possess c.269 10(h)(1) and Firearm, Possess Large Capacity c. 269 10 (M).

Filed a motion to suppress and asked for a break down of the felony charges. Discussions with the ADA was fruitful as he saw the strength of the motion to suppress and that I had a young client with no record. Met with the family numerous times, Dad and Mom were emotional the fifth time in court and thought their son was going to jail for the minimum of 18 months and have a felony charge against him for the rest of his life.

We marked up the motion and continued discussions with the ADA, received a call that the breakdown is being offered. Had the client and family in two days before the motion date told them of the decision. On Friday the plea was to no jail time, felonies amended down to only misdemeanors with two charges dismissed. We all walked out of Court together—very satisfying day.

The judge commended the client and said you should thank your lawyer he has done a very good job on your behalf.


Not Guilty of Felony Motor-Vehicle Homicide

Our client, Chan was accused of felony motor-vehicle homicide by negligent operation while intoxicated. After a lengthy trial and our expert defense skills he was found not guilty of felony motor-vehicle homicide. He was convicted on a lesser charge of misdemeanor motor-vehicle homicide but he avoided 10 years in jail.

Read the In-depth Case Study of how we were able to use our skills and experience to defend our client of OUI causing a homicide. 


OUI Drugs and Liquor Case Dismissed

Kimberly, our client, had driven her car into the side of her apartment building — actually through the ground floor window; she did not hit either side of the window jam. The car wound up teetering halfway into another’s apartment living room.

The case was considered a pure loser of a case at first review, and Kimberly was told by many lawyers to just plea it out and get it over with.

We listened to what she said and investigated her story. Kimberly said she had just one and a half beers at the pub down the street and she took legally prescribed medication for anxiety. She told this to the arresting officer. Kimberly was charged with OUI Drugs and Liquor.

The OUI Investigation Uncovered Legal Breath Test Levels

Upon investigation, we substantiated her story, even to the fact that she took a breath test (BT) at the station. The police had told everyone that she had refused to take the BT. We asked her if she remembered everything and she said yes; she was adamant that she took the BT.

Our investigator went to the police station and found the logged-in tickets for the BT’s taken that night. Sure enough, a ticket with her name on it was on file. The real story is that the first test showed that she blew a 0.04 and the police did not let her complete the second test. This was exculpatory evidence, very beneficial to Kimberly’s case and not turned over to her.

We obtained the logged-in breath ticket. It did show a 0.04 (she should have been allowed to leave the station as there is not an inference of intoxication) and presented this to the Court as a motion to dismiss.

The Government objected to the motion, but once the judge read the affidavits attached, he dismissed the alcohol portion of the charge. Attorney Greg Oberhauser wanted a complete dismissal on all charges, but was denied.

Attorney Oberhauser Blocks Major Element for the Prosecution

Kimberly was taking a legally prescribed medication, yet this information is privileged and confidential. We believed the prosecution wanted to attempt a back-door conviction for impairment by using information on the label of the medication which states that alcohol consumption should be avoided when on that particular medication. We proceeded to trial and prevailed in keeping the medical testimony and her prescription information from being introduced to the jury.

Our key evidence for our client was that the parking lot where the accident occurred had NO TRESPASS signs up on both entrances. This was not a public way, a necessary element needed to be proved by the government. The government would need to make a prima facia case of their elements of the crime. Public way is a necessary element, yet if one is in a restricted area (i.e., No Trespassing) then the public is not allowed to be there except as a trespasser. The government failed to prove this and a NOT GUILTY was returned.

The arresting police officer said to Attorney Oberhauser after the trial and verdict, “I didn’t think anyone would try this case, let alone win it.” Greg smiled and thanked him.


The Client’s Second OUI Conviction is Blocked

Ron, another client, came for our Free Consultation after meeting with other defense attorneys who had advised him to plea out the case to a Second OUI within 10 years. (Subjecting him to prison time or at a minimum of a suspended sentence with a minimum of 2 years of probation, two years license loss or a 14 day in patient drug and alcohol program)

He was coming from a tennis league year-end event; it had snowed 8-10 inches during the event. He and two other participants were carpooling and attempting to drive home. In route on the curvy roads of Northern Massachusetts, he slid off the road and hit a telephone pole, damaging his front end and causing fluids to leak from the engine.

Ron and his friends pushed the car out of the ditch and, not seeing any damage to the pole, attempted to get the vehicle to a repair/gas station to assess the damage. While stopped at a stoplight, a police officer noticed the damage to his car and pulled them over.

Field Sobriety Test Procedures Called into Question:

The officer was just going to call for a tow truck when another officer came by and began asking Ron about what had happened. Once she smelled alcohol coming from the car, she asked Ron to perform Field Sobriety Tests (FST’s). In the officer’s opinion, she felt he failed the tests and was arrested. He refused to take the breath test.

We vigorously crossed-examined the officer at trial regarding her understanding of the proper procedures in administering the FST’s. There were numerous errors in how she performed the tests and in the conditions in which she conducted the testing.

Attorney Oberhauser has been trained and passed the rigorous Field Sobriety Test training conducted by an official instructor, and has been qualified to perform the FST’s on subjects. Because of this knowledge, we were able to demonstrate that the officer did not follow the manual as instructed, and that her scoring was flawed.

After closing arguments, the jury came back after 20 minutes with a NOT GUILTY verdict. Ron was nervous throughout the entire legal process but put his faith in our team and we performed as we said we would. We gave him the best defense we can and convinced the jury that the government has not proved its case beyond reasonable doubt.

Ron has referred three friends to our law office since his trial.


Cambridge District Court 

OUI 2nd Drugs, Negligent Operation and Leaving the Scene after causing property damage.

11/1/16 – After being found unresponsive in an accident our client was transported to the hospital where they performed a blood test. He was charged with operating under the influence of drugs, negligent operation and leaving the Scene after causing property damage. I was able to use my skills and experience to get the OUI charge dismissed and a not guilty on the other charges. Learn how we provided a successful defense.


Framingham District Court

3rd OUI, Negligent Operation and Leaving the Scene of Property Damage

9/9/16 – Client was not driving at the time of the arrest. An anonymous call led police to a steaming car which led to the arrest of our client at his home. Read how we obtained a motion to suppress.


Fitchburg District Court

First OUI with Child Endangerment

7/14/16 – The client contacted me over the weekend stating that she was arrested and she is in a custody battle with DCF because her child was in the car when she was pulled over for OUI. We were able to help her using the Valor Act for her benefit. Learn more about how we helped with her the OUI charges.


Lowell District Court 

OUI Second Offense

8/29/16 – After eating dinner with his wife our client was directed into a DUI roadblock by local police. After answering some questions about drinking he was arrested for OUI and it was his second offense. Learn how we defended our client who was stopped for OUI at a roadblock..


Lowell District Court

Client’s car was found parked in the window of her apartment building. At trial defendant was not guilty, no public way was established.


Client was charged with OUI/DWI (drugs). We hired a medical expert who testified that because of prior head injuries she could not perform well on the field sobriety tests and that they should be discounted as they relate to the officers opinion of impairment. Our client was found not guilty.


Client, under aged female driver arrested during a snow storm on Route 3 for operating under the influence of alcohol. At a motion hearing it was pointed out to the State Trooper that our client did lean against the front of her car, not because she impaired or needed her balance, it was done so she could take her high heeled boots off so she could perform the field sobriety tests which she performed very well. DISMISSED.


Road Block case — Client 64 year old man who was given a Breath Test and registered a 0.06 was still arrested for OUI. Obtained medical records and showed through them diabetic, arthritis, disabled knees they also showed that he had a glass eye. The State Trooper conducted a HNG test on him showing that he demonstrated that he was under the influence of alcohol. Once this was show to the trooper that his results could not have been achieved the case was DISMISSED.


After a two-car roll-over crash on the Lowell Connector, our client was taken to the hospital. The motion to suppress statement was denied, the verdict at trial was not guilty.


Negligent homicide – Client deemed not guilty after trial. We called an accident Reconstruction expert to re-buff statements of the Government’s expert (who thought the client was traveling 89 mph at time of accident). We convinced the jury that the client was only doing 60 mph, at the most, when the car entered the ditch and rolled over.


Waltham District Court

Client charged with OUI/DWI (drugs). We researched the alleged drug and found that the statute did not include this drug. The case was dismissed.


Click here to read Ayer District Court DUI and Criminal Case Results


Click here to read Newbury DUI Defense Results


Drug Crime Defense Results

Dedhan Superior Court: NEW

Trafficking Cocaine Over 200 Grams

8/15/16 – Filed a motion to suppress the stop and subsequent search of my client’s purse. A long wait up to three hours before the drug dog showed up. After the State Police had done a preliminary search of the vehicle, finding nothing. Police find narcotics and our client was charged with trafficking cocaine over 200 grams. Read about the successful outcome our client received in Dedhan Superior Court.


Springfield District Court:

Client charged with possession of heroin, case DISMISSED !

Let me share with you how we at the Oberhauser Law firm obtain this result for another satisfied client. We filed extensive discovery motions for the procedures and method of analysis done by the Government’s drug analyst.

The way the police got into this persons car was atrocious, and we filed a motion to suppress a bad search of his parked car and lost. We marked it up for trial; unfortunately, we still had not been given the discovery we had requested one month before the trial. An out of court date was set for the response from the Commonwealth and the trial date was set.

The out of court date was missed by the Government and we filed a motion to dismiss on the day of trial for violation of the Court’s Order for not giving us the discovery to ensure we were appropriately prepared for trial. The Government could not locate the drugs and the government was asking for a continuance, stating that they did not understand the discovery request because it was too technical. T

he judge reviewed the discovery request by our law firm, and responded that the information requested by our firm was indeed relevant, necessary and available and should have been given over to the defendant. Also, there was no objection from the Government when they agreed to provide the discovery!

Motion to Dismiss ALLOWED.

Client’s response, “We gave him his life back” as he has changed his ways and has been clean and sober since the arrest 11 months before. Great Result!

Middlesex Superior Court

Groton Postal supervisor called the Boston Postal Inspector who searched and interrogated clients sister, police found 300 Oxycontin 30’s and 150 Oxycontin 80’s in the UPS package sent to the sister. Charged with trafficking over 28 grams. Motion to suppress the search and subsequent interrogation of the client led to suppressing all evidence. Case was dismissed.


Client was found with 198 packets of heroin and charged with trafficking. We hired an expert, who was able to re-weigh the heroin and show that it was below the 14-gram level. The trafficking charge was dismissed.

Lowell District Court

Client’s backpack was taken from the front seat by police officer, and class E drug was alleged to have been in plain view to the officer. Motion to suppress was allowed after the bag was introduced to the Court to show that the bag did not have a see-through compartment as alleged by the police officer.


Client was a passenger in a vehicle stopped by police. The client was ordered out of the car and searched. Motion to suppress the search was allowed and the charges were dismissed.

Boston Superior Court

Client charged with Larceny over 250, Fraud and Uttering. He took money on contracts to purchase hard to find vehicles for customers. Customers were frustrated that he had not found them their desired vehicles. Boston and Brighton Police applied and obtained a search warrant for his office and apartment. Seized all belonging and business paperwork, client had a significant record, held on a very high bail. His mother hired my law firm, after meeting the client in jail and reviewing the business documents, we not only had a defense we had a motion to dismiss. The police spoiled his business enterprise because within the contract he had thirty 30 days to perform. The search warrant and arrest occurred only 20 days into the contract, he was not allowed to perform his obligation to the client. Case disposed of after partial allowance of the motion to dismiss.

 


Worcester Superior Court

Client charged with Trafficking in Cocaine I was able to get a reasonable bail. Nine months later while case was being litigated she is found in a home of another person who had some well quite a bit of cocaine, she was charged again with joint venture Trafficking in cocaine and Oxycontin. The second arrest was dismissed after a Motion to Suppress as being just present at the home at the wrong time. The first case resulted in probation–a good result!

Peabody District Court

Alleged professional shoplifters were arrested without probable cause as they were walking out of the Mall, they happened to be Hispanic, with nothing on their person. A subsequent search of the vehicle in the parking lot was suppressed as not have the right to search. Suppression Motion allowed; case dismissed.


Client’s car was searched, and a large amount of drugs and weapons were found. Motion to suppress the search was allowed, and the case was dismissed.

Framingham/Natick District Court

College Coed Client was returning purchased items, which were purchased at another chain store was arrested for Larceny Over 250 and Receiving Stolen Property. Brought motion to view alleged illegal merchandise–allowed. The police did not have the evidence any longer. At trial we put into evidence our receipts for listed merchandise. Not guilty!

Marlboro District Court

Client charged with Trafficking Cocaine, Ecstasy and Marijuana after controlled buys by a CI. Client was indicted to Middlesex Superior Court. Motion to suppress was allowed after the CI did not have any credibility nor was he provided to the defense, the police wanted to keep him their secret weapon. Motion was allowed for the search into the home of my client, all illegal contraband was suppressed. Case was dismissed.

Natick District Court

Client was charged with possession with intent. Police entered the client’s motel room, without a warrant. Motion to suppress was allowed, since the police had able opportunity to obtain a search warrant. The case was dismissed.

Framingham District Court

Client charged with possession with intent to distribute. At trial the client was deemed, not guilty.

Violent Crimes Defense Results

Lowell Superior Court

Client charged with the lead charge of attempted murder, in the shooting of four men. We aggressively investigated the evidence, interviewed all available witness and the result was a two-year jail sentence.


Client charged with attempted murder for shooting two victims. We aggressively investigated the bullet patterns and offered the court findings that our client was not the person who did the shooting. All charges reduced or dismissed except simple assault and battery. This avoided immigration consequences.


Client charged with Attempted Murder of shooting two men outside a local bar at 1:00am. Eye witnesses place client within 12 feet of the two victims when he pulled the trigger shooting both men. Intense investigation revealed that other shots were fired striking a building next to where our client was standing. This evidence was presented by Attorney Oberhauser to the prosecutor and judge, charges were reduced and the client was released from jail. Immigration consequences were avoided in this case also.

Lowell District Court

Client charged with rape. Our quick investigation led to numerous discrepancies in the victim’s story. We presented our evidence to the prosecutor who after her investigation dismissed the charges.

Woburn Superior Court

Client charged with Rape of a Child, after a 7 day trial, NOT GUILTY, kind but forceful cross examination of the child victim (age 12) for two days showed that her behaviors after the alleged assault did not add up to what a typical victim of a rape would demonstrate. She delayed telling anyone for 7 months. Wonderful sight to see client free from this horrible allegation.

Woburn District Court

On and off dating couple, male client charged with date rape after a drinking party. Quick and aggressive investigation led to the discovery of different events that occurred that night. We offered our evidence to the prosecution and a Nollo Pros was executed dismissing the charges.


Client charged with raping his girlfriend. Quick acting investigation by Attorney Oberhauser led to the District Attorney’s office in DISMISSING THE CHARGES.

Boston Municipal Court

Client defended himself in an attack in a parking garage. He did not call the police, but the aggressors did, and our client was arrested. We filed a non-suggestive ID motion, and the victims could not ID the client. The case was dismissed.

Lawrence District Court

Client charged with assault and battery, with a beer bottle. After an identification hearing and motion to suppress (which was allowed), the case was dismissed.


Client charged with Assault and Battery with a dangerous weapon. After repeated rescheduling of the motion to suppress with the police officers not showing up, case was dismissed.

 

White Collar Crime Defense

Boston Federal Court

Client, a financial planner, was accused of embezzling millions of dollars from his clients. SEC brought a civil action against this person while a receiver attached all of his funds. We successfully petitioned the court to allow funds to be released for the services of an attorney to defend the civil complaint and worked extensively with a criminal attorney to reach a settlement in both cases.

Boston Superior Court

Client charged with larceny by fraud. Police, via search warrant, seized all of his belongings and held him on very high bail. Once retained, this office aggressively investigated the charges. The client had a valid defense of inability to perform. The seizing of his business was before he was able to perform, within his 30-day window. He still had time to perform on his entire contract. Charges were reduced and restitution was ordered.

Successful Bankruptcy Results

 

1/26/2017 – Chapter 7 Bankruptcy that went on for over 2 years ended successfully for our elderly client. Read how we were able to save her retirement fund.


Chelmsford Business Client was sued in an adversary action on a discrimination judgment of over 200,000 dollars. Before trial, a settlement was made at a significantly reduced amount.


Andover Business Client was in an adversary action and retained this firm to take over the case as it nears its completion. We were able to reduce the client’s liabilities, kept him in operating capital and save his real estate development.


Chapter 11 of a Tyngsboro marina with numerous appeals. The client was able to run his business for three years before illness and adverse rulings against him forced liquidation of the property.


Bradford Massachusetts client four days from foreclosure enters office wanting to stop the foreclosure and keep his family of five in their home. Quick acting by attorney Oberhauser stops the foreclosure; during the Chapter 13 proceedings he is able to strip off the second mortgage of $80,000 dollars and turn it into unsecured debt being paid off at .05 on the dollar a savings of $76,000 dollars to the family.


North Andover Client has over $350,000 dollars in credit card debt The Gregory D. Oberhauser, Trial Attorney was successful in saving his home by numerous acts, including filing of a Homestead at the Registry of Deeds and completely wiping out the debt offering the client a fresh start.


Dracut Client called at 3:00pm, saying the auctioneer just pulled into his driveway, they are having the foreclosure auction at 4:00. Told him to get to the office ASAP. We were able to stop the foreclosure auction at 3:52 saving his house. He has recently been able with our assistance re-modify his mortgage and he has a pending Chapter 13 plan awaiting Confirmation. A very happy client.


Fitchburg client facing foreclosure after his ex-girlfriend obtained a Restraining Order against him, they alleged he violated it, he was locked up, lost his job and the girlfriend took the mortgage money and did not pay the mortgage, yet lived there for free. Took over the two separate criminal cases, each one was Not Guilty after Trial. Then began to work on stopping the pending foreclosure, succeeded in doing this with a Chapter 13 action. Girlfriend is gone but not the client’s home– he is there and we were able to get his old job back also–very happy client.


Billerica Family facing foreclosure retained our Law Office and we put on a two front attack. We initiated re-modification of the mortgage and filed for Chapter 13 protection to stop the foreclosure. Both after much work were successful. Father of three lost his job during this period but we were able to work with the Trustee to work with the reduction in income to make the Chapter 13 plan work. Kept this family of 4 in their home.