Criminal Case Results - Law Firm The Law Office of Glickman, Sugarman, Kneeland & Gribouski Attorneys Worcester, Massachusetts

James J. Gribouski

Central District Court of Worcester July 21, 2010 Client, a twenty-four year old Northbridge Massachusetts man was found behind the wheel of his car, off the road in Northbridge, Massachusetts. He was then treated at the Milford-Whitinsville Hospital where blood was drawn. As analysis of the blood by the Massachusetts State Police Crime Lab reveled a blood alcohol content of two and one-half times the legal limit. Attorney Gribouski filed a motion to suppress the blood test arguing that the blood was taken without his client's consent. A judge agreed and excluded the test from evidence. As a result the Commonwealth reduced the OUI/DUI charge and Attorney Gribouski's client did not lose his license.
Leominster District Court July 14, 2010 Client, twenty-five year old Worcester, Massachusetts woman was stopped by a Holden police officer after allegedly operating her motor vehicle in an erratic manner. After conducting a horizontal gaze nystagmus test, a walk and turn test, a one legged stand test and an alphabet test the officer arrested Attorney Gribouski's client for OUI/DWI. She then elected to submit to a breath test and registered two and one-half times over the legal limit.
Attorney Gribouski pursued discovery motions to obtain records pertaining to the maintenance of the breath test. Due to a failure of the government to provide the requested documents, a judge excluded the result for the breath test at trial. Attorney Gribouski then proceeded to trial and was able to convince the judge that the government failed to prove its case beyond a reasonable doubt. Attorney Gribouski's client was found not guilty.
Dudley District Court July 13, 2010 Client, a forty-two years old Leominster, Massachusetts man was charged by the Webster Police Department with armed assault with intent to murder, assault and battery by means of a dangerous weapon and assault and battery. He was arrested after he had attacked his girlfriend and a man with a knife caused injury to his girlfriend.
After months of negotiation, Attorney Gribouski was able to persuade the prosecutor to dismiss the armed assault with intent to murder charge. Attorney Gribouksi was then able to convince the judge to continue the other charges without a finding. If Attorney Gribouski's client successfully completes his probation, the charges will be dismissed and he will have no record of conviction.
Central District Court of Worcester July 12, 2010 Client, a fifty-five year old Sutton, Massachusetts man was arrested for OUI/DWI as a result of a motor vehicle accident in Millbury, Massachusetts. Attorney Gribouski was able to demonstrate that the accident occurred due to the failure of his client's steering system.
Attorney Gribouski consulted with the mechanic who repaired his client's truck and then called him as a witness to testify at trial. The mechanic testified that in all likelihood the accident resulted from the malfunction of the steering.
The arresting officer testified that Attorney Gribouski's client failed all of the field sobriety tests. During cross-examination Attorney Gribouski was able to obtain an admission from the arresting officer that she would not have conducted the one-legged stand test or the heel to toe test if she had known that Attorney Gribouski's client had arthritic knees, those tests are not valid for individuals with leg problems.
The jury returned a verdict of not guilty in less than ten minutes.
East Brookfield District Court June 30, 2010 Client, a thirty-three year old Leicester, Massachusetts man was stopped for speeding in Oxford, Massachusetts by a Massachusetts State Trooper. After failing a portable breath test, Attorney Gribouski’s client was arrested and charged with OUI/DWI.
Attorney Gribouski aggressively pushed the case to trial. At trial, he was able to demonstrate through cross-examination of the arresting officer that his client was driving perfectly fine despite speeding. As a result, he was able to argue to the judge that the Commonwealth had not proved beyond a reasonable doubt that the alcohol his client had consumed had affected his ability to operate his motor vehicle safely. Attorney Gribouski’s client was found not guilty.
Uxbridge District court June 22, 2010 Client, a thirty year old Douglas, Massachusetts man was arrested by an officer of the Sutton Police Department for OUI/DWI. After being arrested, he was transported to the Sutton Police Department for booking. Attorney Gribouski’s client elected to take a breath test and registered a .09 blood alcohol reading.
Despite the fact that Attorney’s Gribouski’s client was charged with operating a motor vehicle with a blood alcohol level of greater than .08, Attorney Gribouski took the case to trial. At trial he was able to demonstrate through cross-examination of the police officer that his client had been driving fine, had not been unsteady on his feet and had not demonstrated any other symptoms of intoxication.
Attorney Gribouski further argued that the breath test was given one hour after his client had been observed operating the motor vehicle and that the Commonwealth had not proven beyond a reasonable doubt that his client’s blood alcohol level was .08 or above at the time of operation. The judge agreed and found Attorney Gribouski’s client not guilty.
Worcester Superior Court May 27, 2010 Client, a twenty-three year old Worcester man was charged with armed assault with intent to murder and with being an armed career criminal. The charges called for a potential penalty of a minimum of ten years state prison sentence on conviction. The charges arose from an incident in Worcester where the government alleged that Attorney Gribouski’s client shot the alleged victim over a disagreement in a night club.
The alleged victim was shot in the chest and arm, but recovered. After the shooting, he described a motor vehicle from where the shots were fired. The description fit that of a motor vehicle owned by the brother of Attorney Gribouski’s client. The alleged victim also looked at several photographs and chose Attorney Gribouski’s client’s photograph as the person who shot him.
At trial Attorney Gribouski pointed out on cross-examination that despite the alleged victim’s choosing of the photograph, he described the shooter as a person who did not fit his client’s description. Attorney Gribouski’s client was found not guilty of all charges.
Concord District Court May 13, 2010 Client, a fifty-three year old Townsend, Massachusetts man was stopped by a Massachusetts State Police Trooper in Bedford, Massachusetts for allegedly traveling eighty-six miles per hour in a fifty five mile per hour zone. The state trooper testified that upon making observations of Attorney Gribouski’s client he decided he was under the influence of liquor and charged him with OUI/DWI.
During a jury trial, the trooper testified that Attorney Gribouski’s client had difficulty standing and failed all field sobriety tests. Attorney Gribouski was able to develop a theory of reasonable doubt through the cross-examination of two troopers. Attorney Gribouski argued to the jury that the Commonwealth did not meet is burden of proof beyond a reasonable doubt. The jury agreed and found Attorney Gribouski’s client not guilty.
Newburyport District Court May 3, 2010 Client, a thirty year old Worcester, Massachusetts man was arrested in Salisbury, Massachusetts by a Salisbury police officer. The officer testified that he was called to a rollover accident in a dirt parking lot of a building. He observed several people standing near the motor vehicle which was registered to Attorney Gribouski's client. He then found Attorney Gribouski's client and his girlfriend in some nearby woods and observed him to smell of alcohol, to be unsteady on his feet and to have slurred speech.
Attorney Gribouski argued to the judge that the Commonwealth could not prove that his client was the operator of the motor vehicle, or that it had been operated on public ways, which are two elements of an OUI/DWI case. The judge agreed and found Attorney Gribouski's client not guilty.
Dudley District Court April 28, 2010 Client a twenty-five year old Southbridge, Massachusetts man was arrested after the police executed a search warrant at his place of business. He was charged with trafficking in cocaine and distribution of cocaine within 1000 feet of a school. As a result of these charges, he was facing a minimum sentence of five years in state prison of which he would be required to serve the full five years.
Attorney Gribouski aggressively pursued discovery in the case and filed motions to suppress the evidence as illegally seized. Despite the denial of the motion to suppress, Attorney Gribouski was able to negotiate a plea agreement where his client will only serve 6 months in the local jail.
Central District court of Worcester April 29, 2010 Client, a thirty-two year old Douglas, Massachusetts man was arrested by a Douglas Police Officer after he was stopped for having a broken taillight. According to the officer, Attorney Gribouski's client failed two sobriety tests and had a substantial amount of empty beer bottles in his truck. The officer further testified that he smelled a strong odor of liquor, his speech was mumbled and he was unsteady on his feet.
Attorney Gribouski was able to demonstrate through cross-examination that his client was driving absolutely fine and that there was no other reason for the stop, other than the broken taillight. He had also requested a videotape of his client's booking which showed that his client was not mumbling and was not unsteady on his feet. The judge found Attorney Gribouski's client not guilty.
Dudley District Court April 13, 2010 Client, a twenty-one year old collect student was accused of assault and battery by means of a dangerous weapon. The alleged dangerous weapon was a backpack of beer bottles, which the alleged victim claimed were thrown at him. Attorney Gribouski was able to convince the prosecutor to dismiss the dangerous weapon portion of the charge. This reduced the charge to a misdemeanor. The prosecutor then agreed to continue the case without a plea or a finding for six months. This means that Attorney Gribouski’s client did not waive any rights and did not admit to any guilt. The charge will be dismissed in six months.
Central District Court April 14, 2010 Attorney Gribouski’s client was charged with assault and battery and assault and assault and battery with a dangerous weapon. He was charged when another person alleged that he choked, kicked and punched him. Attorney Gribouski was able to convince the prosecutor to continue the case for a period of ninety days at which time the case will be automatically dismissed.
Uxbridge District Court April 7, 2010 Client, a nineteen year old Sutton, Massachusetts man was visiting a friend when the Sutton, Massachusetts Police came to the house. The police were allegedly investigating a tip that there was going to be an underage drinking party at the house.

The police entered the home and smelled marijuana. Based upon the smell of marijuana, the police searched everyone who was present. They found approximately four ounces of marijuana in the backpack of Attorney Gribouski’s client. Attorney Gribouski filed a motion to suppress alleging that the police entry into the home and the subsequent search of the backpack was illegal. After an extensive conference with the prosecutor the prosecutor decided to dismiss the criminal marijuana charges.
Central District Court of Worcester April 1, 2010 Client, twenty-seven year old Northbridge, Massachusetts woman was stopped for a marked lanes violation in Northbridge, Massachusetts by the Northbridge Police. She was then arrested for OUI/DWI. Attorney Gribouski conducted pretrial discovery and obtained a videotape of his client's booking.
When the case went to trial the arresting officer testified that Attorney Gribouski's client was slurring her speech, was extremely unsteady on her feet and could not follow simple instruction. Attorney Gribouski cross-examined the officer and developed the inconsistencies in his testimony. After introducing the video of his client's booking into evidence, Attorney Gribouski argued to the judge that the video showed his client with no difficulty in speech or balance. The judge agreed and found her not guilty.
Central District Court of Worcester March 23, 2010 Client, a Millbury, Massachusetts woman was arrested for operating under the influence of drugs. It was alleged that she had taken a prescription medicine that had affected her operation of the motor vehicle. Attorney Gribouski researched the particular medication that his client was taking and discovered that it was not prohibited by the law. Attorney Gribouski filed a motion to dismiss the case, because the Commonwealth could not prove that the drug of which his client was taking, while allegedly operating under the influence, was prohibited by law. The judge agreed and the case was dismissed.
Uxbridge District Court March 10, 2010 Client, a twenty-one year old Uxbridge, Massachusetts woman was charged with conspiracy to violate the controlled substance laws due to her participation in the distribution of oxycontins. Complicating the case was the fact that she was currently on probation when the new charges occurred. Attorney Gribouski was able to convince the judge to dismiss the probation violation and gave his client a continuance without a finding on the conspiracy charges. This allowed Attorney Gribouski’s client to avoid a criminal conviction of a felony. A conviction would also have resulted in a lost of his driving privileges.
Central District Court Worcester, Massachusetts February 3, 2010 Client, a forty year old Grafton, Massachusetts man was stopped at a sobriety checkpoint in Auburn, Massachusetts. After performing field sobriety tests he was arrested for OUI/DWI. He elected to take a breath test which registered .10, which is above the legal limit of .08. He was thus additionally charged with operating a motor vehicle with unlawful blood alcohol content.
Attorney Gribouski filed a motion to exclude the blood test results citing the case of Commonwealth vs. Pierre, which requires the breath test operator to keep the subject in observation for 15 minutes prior to administration of a breath test. The Commonwealth could not sustain its burden that the operator did so and the judge excluded the breath test results. This exclusion of evidence of the defendant’s blood alcohol level substantially weakened the Commonwealth’s case.
The case then proceeded to trial and attorney Gribouski’s cross-examination of the arresting officer demonstrated further weaknesses in the case. His client was found not guilty.
Central District Court Worcester, Massachusetts February 2, 2010 Client, a twenty-eight year old Millbury, Massachusetts man was involved in an argument with his live-in girlfriend. His girlfriend broke the windshield of the motor vehicle and struck him in the face. The police were called by neighbors and his girlfriend alleged that she had been assaulted by Attorney Gribouski’s client. The police then arrested Attorney Gribouski’s client and charged him with domestic assault and battery.
Attorney Gribouski met with the prosecutor to discuss the case. He pointed out to the prosecutor that he intended to cross-examine the girlfriend about her criminal acts and that would likely incriminate her. After this discussion the prosecutor chose to dismiss the case.
Central District Court of Worcester January 26, 2010 Client, a twenty-two year old Worcester, Massachusetts man was sitting in his car on the side of the road with a friend. Three Worcester Police Officers pulled their unmarked cruiser alongside of Attorney Gribouski's client and blocked its exit from its parking space. The alleged reason for this action was because one of the officers was aware that two months prior Attorney Gribouski's client's license had been revoked. The police ordered the client and his friend from the vehicle and confiscated cocaine and money.
Attorney Gribouski filed a motion to suppress the evidence based upon an illegal search. He argued that the blocking of the motor vehicle constituted an arrest without probable cause, and that the police lacked specific, articuable facts to approach the motor vehicle. He further argued that the police did not know if his client's license was still suspended and in any event the police did not observe the client operating the vehicle so no crime was being committed. The judge agreed and allowed the motion to suppress, which throws out all of the evidence against his client.
Worcester Superior Court January 19, 2009 Client, a forty-seven year old Worcester, Massachusetts man was charged with rape and intimidation of a witness for an incident that occurred in Leominster, Massachusetts. Attorney Gribouski pursued the case aggressively through motion and discovery practice. He also conducted an extensive investigation to discredit the testimony of the alleged victim.
Prior to trial, Attorney Gribouski was able to convince the prosecutor to dismiss the intimidation of a witness charge which carried a maximum penalty of ten years in state prison. A jury was then impaneled. Immediately, prior to the opening statements, Attorney Gribouski was able to persuade the prosecutor to reduce the rape charge to a misdemeanor assault and battery. Attorney Gribouski's client then received one year of unsupervised probation.
Central District Court Worcester, Massachusetts Client, a sixty-five year old Charlton, Massachusetts woman was stopped at a sobriety checkpoint in Auburn, Massachusetts. The arresting state trooper did not observe any erratic operation by Attorney Gribouski's client. He testified however that he smelled alcohol.
She was requested to exit her motor vehicle and perform a heel to toe test and stand on one leg test. Attorney Gribouski cross-examined the trooper on the fact that the field sobriety test training manual states that individuals 65 years of age or older may have difficulty with these tests. He also pointed out that there are several other tests that are valid for this age group. The trooper refused to admit that these tests were invalid despite being confronted with the manual. After trial, Attorney Gribouski's client was found not guilty.
Central District Court Worcester, Massachusetts December 22, 2009 Client, a twenty-one year old Clark University student was arrested by the campus police after being found intoxicated on campus. After a struggle during his arrest, he was charged with assault and battery on a police officer, resisting arrest, threats and disorderly conduct. Attorney Gribouski was able to persuade the prosecutor to dismiss the most serious charges of assault and battery, threats and resisting arrest. The disorderly conduct charge was then continued on pretrial probation which means that Attorney Gribouski's client did not admit to any charges and the case will be dismissed if he has no further difficulty.
Worcester Superior Court,December 18, 2009 Client, a forty-six year old Northbridge, Massachusetts man was indicted for an eighth offense of operating under the influence of liquor. Attorney Gribouski’s client had been arrested at 11:50 AM and had submitted to a portable breath test, which registered a .21 blood alcohol level. Approximately two hours later, Attorney Gribouski’s client submitted to a breath test at the police station which registered a .15 blood alcohol level.
Attorney Gribouski filed a motion to suppress the breath test results based upon Commonwealth vs. St. Pierre, which requires the breath test operator to keep the subject in observation for fifteen minutes to ensure that he does not burp, hiccup or place anything in his mouth that would contaminate the test. This motion was allowed and the judge ruled that the Commonwealth could not use the breath test result in its case. The ruling considerably weakened the Commonwealth’s case and as a matter they agreed to reduce the charge to a third offense.
Worcester Superior Court,December 17, 2009 Client, a Worcester, Massachusetts man was charged with rape in the Central District Court of Worcester. At a probable cause hearing, Attorney Gribouski cross-examined the complainant at length about the many inconsistencies in her story. During the cross-examination, Attorney Gribouski was able to develop a large number of further inconsistencies to the point of completely discrediting the complainant’s testimony. As a result, when the prosecutor presented the case to the grand jury, the grand jury refused to indict his client. This resulted in a complete dismissal of all charges.
Dudley District Court December 1, 2009 Client, a twenty-four year old Dudley, Massachusetts man was charged with possession with intent to distribute marijuana after a drug sniffing dog registered a positive hit for drugs on the outside of his motor vehicle. Upon searching the motor vehicle, the police found several individually packaged amounts of marijuana that were consistent with the offense of distribution.
Dudley District Court December 1, 2009 Clients, an Oxford, Massachusetts man and a Charlton, Massachusetts man were charged in separate incidents of domestic assault and battery. Attorney Gribouski scheduled both matters for trial. When the witnesses indicated to the prosecutor that they were reluctant to testify, Attorney Gribouski was able to win dismissals of the charges for both of his clients.
Westborough District Court October 29, 2009 Client, a forty-five year old, Worcester, Massachusetts antique dealer was charged with receiving stolen property after the police executed a search warrant at his place of business. Attorney Gribouski obtained a copy of the search warrant and its application and closely scrutinized it for legal defects. After reviewing the warrant, he filed a motion to suppress all the evidence seized as being illegally obtained. The case was scheduled for hearing and Attorney Gribouski pointed out the flaws in the warrant to the prosecutor and suggested that the case should be dismissed. The prosecutor agreed and dismissed the charges
Uxbridge District Court October 27, 2009
Client a thirty-three year old Uxbridge, Massachusetts man was arrested for the violation of a domestic abuse/209A Order. His wife had obtained an emergency order and when he drove past the family home in the morning the police arrested him. Attorney Gribouski was able to persuade the prosecutor to dismiss the charges, as his client had no other alternate route to take, but to drive past the family home. The charges against Attorney Gribouski’s client were dismissed.
Uxbridge District Court October 20, 2009
Client, a thirty-one year old Douglas, Massachusetts man was involved in a motor vehicle accident in Douglas, Massachusetts. He was brought to the hospital and received a citation for OUI/DWI. Attorney Gribouski recommended that he request a clerk magistrate’s hearing immediately, which he did. The magistrate nevertheless issued a complaint against him before he had an opportunity to have a hearing. Attorney Gribouski filed a motion to dismiss pursuant to M.G.L. ch. 218 § 35A, which allows a clerk’s hearing for certain crimes. The judge agreed that Attorney Gribouski’s client should have been granted a hearing and dismissed the complaint.
Worcester Superior Court October 5, 2009
Attorney Gribouski’s client, a nurse, was charged with the sexual assault and rape of a patient at a Worcester, Massachusetts hospital where he was employed. Attorney Gribouski engaged in discovery pursuant to the procedures set forth in Commonwealth v. Dwyer, which enabled Attorney Gribouski to obtain voluminous information. Due to the extensive discovery that Attorney Gribouski was able to gather, the case was dismissed without a trial.
Worcester District Court September 17, 2009
Client, a thirty-five year old Worcester, Massachusetts man was stopped by a Massachusetts State Police Officer for allegedly failing to keep his motor vehicle within marked lane and as a result, he was arrested for OUI/DUI. According to the police report, Attorney Gribouski’s client had difficulty standing and difficult answering simple booking questions. Attorney Gribouski was able to demonstrate through his cross-examination of the Trooper that the government’s case was weak. The judge agreed and Attorney Gribouski’s client was found not guilty.
Uxbridge District Court September 8, 2009
Client, a twenty-four year old, resident of Sutton, Massachusetts was arrested in her home by officers of the Sutton Police Department for disorderly conduct and resisting arrest. Attorney Gribouski was able to persuade the prosecutor that police do not have the right to arrest a person in their own home for disorderly conduct and thus the arrest was not valid. The prosecutor agreed and the case was dismissed.
East Brookfield District Court September 2, 2009
Client, a forty-two year old resident of Brookfield, Massachusetts was arrested in his home for allegedly assaulting his girlfriend and was charged with assault and battery with a dangerous weapon. He was released on bail, but rearrested and charged with violating an abuse prevention order when he tried to contact his children. Attorney Gribouski was able to demonstrate to the prosecutor that the allegations were fabricated for the girlfriend to obtain and advantage in an ongoing custody batter. The charges were dismissed.
Worcester District Court August 25, 2009
Client, a twenty-five year old Worcester, Massachusetts man was arrested for OUI/DUI after police found him passed out in his motor vehicle while he was in a drive-thru of a Dunkin' Donuts. When the police arrived, Attorney Gribouski’s client was behind the wheel of his motor vehicle, his car was in park and his engine was still running. After his arrest, the client elected to take a breath test which registered almost twice over the legal limit.
Attorney Gribouski was able to obtain the videotape of his client’s booking, which revealed that the Worcester Police had not properly administer the breath test. Thus, Attorney Gribouski was able to persuade the judge to exclude the breath test results from evidence and at trial demonstrated that the officer’s testimony was not credible. Attorney Gribouski’s client was found not guilty.
Worcester District Court August 20, 2009
Client, a fifty-five year old Douglas, Massachusetts man was charged with Assault by means of a dangerous weapon after he allegedly threw a computer at his wife. Attorney Gribouski was able to convince the prosecutor to dismiss the charges against his client.
Uxbridge District Court August 19, 2009
Client, a forty-five year old Sutton, Massachusetts man was involved in an automobile accident in Sutton, Massachusetts. The Sutton Police investigated the accident and subsequently arrested Attorney Gribouski’s client for OUI/DUI. Attorney Gribouski took the case to trial and demonstrated through cross-examination that the Commonwealth could not prove its case beyond a reasonable doubt. The judge agreed and found Attorney Gribouski’s client not guilty.
Worcester Superior Court August 4, 2009
Client, a fifty-four year old Paxton, Massachusetts woman was charged with the embezzlement of three hundred thousand dollars from her employer. She was additionally sued civilly for the return of the money. Attorney Gribouski was able to develop, through the use of experts, several reasons in mitigation of his client’s actions.
After many months of negotiation, Attorney Gribouski was able to negotiate a settlement of the civil case for the reduced sum of two hundred thousand dollars. He was also able to convince the prosecutor that due o his client’s extensive problems that incarceration was not appropriate. His client was sentenced to ten years probation.
Worcester District Court July 8, 2009
Client, a twenty-four year old Worcester, Massachusetts man was charged with assault and battery with a dangerous weapon, as a result of a fight in his apartment. Attorney Gribouski argued that his client was merely defending his girlfriend who had been assaulted by the complainant. After several hearing dates, the case was dismissed.
Worcester Central District Court July 6, 2009
Client, a thirty-two year old Worcester, Massachusetts man was arrested in Worcester for OUI/DWI after he was found asleep behind the wheel of his car, in the drive-through lane of Dunkin Donuts. He subsequently took a breath test at the Worcester Police Department and registered well over the legal limit of .08.
Attorney Gribouski filed a motion to exclude the breath test on the grounds that the police did not observe his client for 15 minutes prior to the administration of the breath tests, as required by Massachusetts law. The police sergeant, who administered the test, testified that not only had he observed the defendant for the required period, but he also had another officer do so as well. Attorney Gribouski had obtained a videotape of the testing procedure during pretrial discovery that contradicted the sergeant’s testimony. The judge ruled that the Commonwealth will not be allowed to introduce the breath test results at trial.
Worcester Superior Court July 3, 2009
Client, a forty-eight year old Northbridge, Massachusetts man was arrested for OUI/DWI in Upton, Massachusetts. He was subsequently brought to the Hopedale, Massachusetts Police Department where he submitted to a breath test that registered a result well over the legal limit of .08. Due to the fact that this was his eighth offense of OUI, he was indicted by a Worcester County Grand Jury.
Attorney Gribouski filed a motion to suppress the results of the breath test, arguing that the Massachusetts regulation that controls breath testing procedures were not complied with, due to the failure of the police to observe his client for fifteen minutes. The judge agreed and has ruled that the Commonwealth excludes the test results as evidence at trial.
Worcester District Court Jury Session July 2, 2009
Client, a twenty-eight year old Douglas, Massachusetts man was charged with possession with intent to distribute marijuana, as a result of his arrest in Douglas. Attorney Gribouski took the position that the marijuana found in his client’s motor vehicle was for personal use only, despite the fact that a scale and packaging material was found as well. Attorney Gribouski was able to persuade the prosecutor to not only reduce the charge to simple possession of marijuana, but also to continue the case without a finding with unsupervised probation. His client thus did not suffer any loss of license or conviction.
Worcester Central District Court June 29, 2009
Client, a 21-year-old Worcester, Massachusetts college student, was hosting a college party at his apartment in Worcester. When police entered his apartment without a warrant Attorney Gribouski’s client attempted to question the police about the propriety of being in his apartment. The police then claimed that Attorney Gribouski’s client assaulted them and he was placed under arrest for assault and battery on a police officer. After extensive negotiations, Attorney Gribouski was able to convince the prosecutor to dismiss the charge against his client.
Worcester Superior Court June 19, 2009
Client, an eighteen year old Millbury, Massachusetts man was charged with three counts of rape and one count of indecent assault and battery as a result of an incident that occurred at a high school party in Mendon, Massachusetts. Attorney James J. Gribouski represented this young man at trial and was able to win acquittals for him on the three counts of rape. Although the defendant was convicted of indecent assault and battery, Attorney Gribouski was able to convince the judge to only give his client two years probation.
Worcester Central District Court Jury Session June 12, 2009
Client, a thirty-two year old Douglas, Massachusetts man was charged with arson of a motor vehicle. After months of pretrial discovery and motions, Attorney Gribouski was able to persuade the prosecutor to dismiss the charges, due to insufficient evidence and the case was dismissed.
Worcester Central District Court Jury Session June 2, 2009
Client, a twenty-seven year old Sutton, Massachusetts man was observed by a Worcester Police Officer to drive straight through an intersection into the woods. When the officer asked Attorney Gribouski's client to exit the motor vehicle, the officer testified that he could not stand-up. The officer arrested his client for OUI/DUI and brought him to the Worcester Police Department for booking. At trial, Attorney Gribouski vigorously cross-examined the officer and pointed out the discrepancies between the officer's testimony and the booking videotape. When the jury could not reach a verdict, the OUI/DUI was dismissed.
United States Federal District Court June 18, 2009
Client, a twenty-four year old Oxford, Massachusetts woman was charged with conspiracy to distribute cocaine. These charges arose as a result of lengthy wiretap investigations and resulted in the arrest of over fifteen individuals. Attorney Gribouski was able to demonstrate that his client was the least involved of all individuals and despite the fact that she was heard on wiretap arranging the delivery of cocaine he was able to convince the judge to sentence her to probation.
Worcester Central District Court May 29, 2009
Client, a thirty-seven year old Worcester, Massachusetts man was originally charged with home invasion, which carries a twenty year minimum mandatory felony. It was alleged that he entered another person's home and threatened her with two handguns. Attorney Gribouski was initially able to obtain a reduction of the charges when he persuaded the prosecutor that the case was weak. At trial, he was able to convince the prosecutor that his key witness was lying. When the witness was confronted with this fact, she chose not to testify and the case was dismissed.
United States Federal District Court Boston, Massachusetts May 18, 2009
Client a twenty-eight year old Fitchburg, Massachusetts man was charged with trafficking in cocaine after being stopped with 124.5 kilos of cocaine in the trunk of his automobile in Revere, Massachusetts. He was then indicted for the charge that carried a minimum mandatory sentence of ten years in federal prison. Attorney Gribouski was able to negotiate with the United States Attorney's Office a reduction of the charge to eliminate the potential minimum mandatory sentence in exchange for guilty plea. At the time of sentencing the United States Attorney recommended that Attorney Gribouski's client be sentenced to a term of four years in prison. Attorney Gribouski convinced the judge to sentence his client to three years probation.
Worcester Central District Court May 19, 2009
Client, a thirty year old Worcester, Massachusetts man was arrested in Auburn, Massachusetts for OUI/DUI after being stopped for driving 74 MPH in a 40 MPH zone. The arresting officer testified that Attorney Gribouski's client smelled of alcohol and had red and glassy eyes. He then testified that the client was unable to perform several field sobriety tests. Attorney Gribouski was able to demonstrate through cross-examination that there are several separate and distinct parts to the field sobriety tests and that each is equally important. By doing so, Attorney Gribouski was able to show that his client had actually done reasonably well on these test. This created enough reasonable doubt and he was found not guilty.
Worcester Central District Court May 11, 2009
Client, a thirty-eight year old Blackstone, Massachusetts man was stopped in Auburn, Massachusetts after an Auburn Police Officer followed him for allegedly having an unlit license plate. After following him and claiming that he was crossing marked lanes he was stopped. Attorney Gribouski's client's passengers had open containers of beer in his vehicle. His client's truck was registered in Rhode Island and did not require an inspection sticker. When asked why he was stopped, the officer informed him it was for no inspection sticker. He was subsequently asked to do field sobriety tests, which the officer claimed he failed. He was subsequently arrested for OUI/DUI and took a breath test that registered a .16 result.
Attorney Gribouski filed a Motion to Suppress all of the evidence in the case, based upon the illegal stop of the motor vehicle. As his client's truck did not require an inspection sticker in the Rhode Island, the police were in error for stopping him for not having one. The judge agreed with Attorney Gribouski and suppressed all of the evidence, which included the observations of the police, the open containers and the breath test results. Without any of this evidence, the Commonwealth could not proceed to trial and the case was dismissed.
Worcester Central District Court May 6, 2009
Client, a twenty-seven year old Holden, Massachusetts man was stopped by the Paxton police for allegedly weaving while driving. According to the police officer's testimony, Attorney Gribouski's client failed three field sobriety tests. He was consequently arrested and charged with DUI/DWI. Attorney Gribouski was able to convince the judge that the Commonwealth was unable to sustain or meet its burden of proof beyond a reasonable doubt. Attorney Gribouski's client was found not guilty.
Worcester Central District Court May 6, 2009
Client, a thirty-seven year old Worcester, Massachusetts police officer was charged with the crime of assault and battery by means of a dangerous weapon. Attorney Gribouski's client was facing the loss of his job if convicted of this serious felony. The allegations arose because his client was involved in an affair with the wife of another police officer. When he rebuked her suggestions that he move in with her, she fabricated allegations that he had assaulted her. Attorney Gribouski was able to demonstrate through cross-examination that the complaining witness had a lengthy history lying and had made many contradictory statements. A jury found Attorney Gribouski's client not guilty after only 45 minutes.
Marlborough District Court May 4, 2009
Client, a nineteen year old Auburn, Massachusetts woman was charged with conspiracy to violate the controlled substance laws. She had allegedly driven a friend to Marlborough, Massachusetts where the friend sold drugs to an undercover police officer. As the case was a first offense for Attorney Gribouski's client and the evidence against her was weak, Attorney Gribouski was able to persuade the prosecutor to dismiss the case.
Worcester District Court April 29, 2009
Client, a thirty-six year old Worcester, Massachusetts woman was arrested at the St. Patrick's Day Parade in Worcester, Massachusetts as she was trying to enter a bar. She was charged with assault and battery and malicious destruction of property.
Attorney Gribouski was able to convince the prosecutor that interests of justice would be sewed by a dismissal of the charges. All charges were dismissed.
Clinton District CourtMay 1, 2009
Client, a thirty-five year old West Boylston, Massachusetts man was charged with embezzlement and identity fraud after allegedly using his employer's bank routing number to illegally pay his personal bills. Attorney Gribouski successfully argued that the case should be dismissed.
Worcester District Court April 15, 2009
Client, a thirty year old Webster, Massachusetts man was involved in a motor vehicle accident in Douglas, Massachusetts. He called his girlfriend to be picked up and left the scene without waiting for the police. He called the police at a later time and was then charged with operating to endanger and leaving the scene of a property damage accident. Attorney Gribouski was able to persuade the prosecutor that he did not have sufficient evidence to proceed with the charges. The prosecutor agreed and dismissed the case.
Westborough District Court April 9, 2009
Client, a forty-six year old Shrewsbury, Massachusetts man was stopped at a sobriety checkpoint on Route 9 in Shrewsbury. He was asked to perform field sobriety tests and was then arrested for OUI/DUI by a Massachusetts State Trooper. Mr. Gribouski’s client was then transported to the Millbury State Police Barracks.
At the trial, the Trooper testified that Attorney Gribouski’s client failed three field sobriety tests and that it was his opinion that the client was under the influence of liquor. Attorney Gribouski was able to demonstrate through cross-examination that his client had been driving fine and had in fact done reasonably well on the field sobriety tests. At the conclusion of the trial, Attorney Gribouski argued to the court that the Government had not met its burden of proof beyond a reasonable doubt and that his client should be found not guilty. The judge agreed and found Attorney Gribouski’s client not guilty.
Worcester District Court April 1, 2009
Client, a twenty-seven year old, West Brookfield, Massachusetts woman was involved in a motor vehicle accident in Worcester, Massachusetts. The police arrived after the accident and asked who was driving. The client responded that she was driving and that she was drunk. She was arrested and brought to the Worcester Police Department, where she submitted to a breath test that registered a blood alcohol reading of .19.
Attorney Gribouski filed a Motion to Exclude the Breath Test requesting that the results from the breath test be excluded based on the grounds that the breath test operator did not keep his client in continuous observation for fifteen minutes, as required by law. He was able to convince the prosecutor by agreement that the motion should be allowed and that this evidence could not be used against his client.
The trial then proceeded with the testimony of the arresting officer. At the conclusion of the trial, Attorney Gribouski requested that his client be found not guilty on the grounds that her statement alone was not sufficient proof, beyond a reasonable doubt, that she was the operator of the motor vehicle. The judge agreed and found Attorney Gribouski's client not guilty.
Uxbridge District Court March 31, 2009
Client, a twenty-three year old, Whitinsville, Massachusetts woman was involved in a single car accident in Sutton, Massachusetts. After an investigation, a Sutton Police Officer issued a citation for operating under the influence of liquor, operating negligently and marked lanes violation. Under Massachusetts law if a person is not under arrest and receives a citation, the individual is entitled to a clerk magistrate's hearing to show cause why criminal charges should not issue. Attorney Gribouski's client was not given this opportunity and a criminal complaint for the above offenses was issued.
Attorney Gribouski filed the appropriate motion and memorandum to convince the judge that his client's rights were violated and the charges should be dismissed, the judge agreed and the case was dismissed.
Clinton District Court March 31, 2009
Client, a thirty-eight year old West Boylston, Massachusetts man was stopped at a State Police sobriety checkpoint on Route 12 in West Boylston. He was directed to a pit area and instructed to do a field sobriety test that he failed. He subsequently submitted to a breath test and registered a blood alcohol level of .16, which is twice the legal limit.
After an extensive review of the Massachusetts State Police policies that regulate the conduction and implementation of roadblocks, Attorney Gribouski believed that the policies in his client's case were not followed and that his client was wrongfully seized. Attorney Gribouski filed a Motion to Suppress Evidence seeking the suppression of all evidence obtained as a result of the illegal seizure. The judge agreed and suppressed the observations of the police, as well as the breath test reading. Realizing that the Commonwealth no longer had any evidence with which to prosecute Mr. Gribouski's client, the government dismissed the case.
Worcester District Court March 26, 2009
Client, a twenty-three year old Sutton, Massachusetts man was stopped on Route 146 in Millbury, Massachusetts on December 14, 2008 for traveling 83 MPH in a 55 MPH zone. A Massachusetts State Trooper followed the young man into a convenience store parking lot. Upon approaching the client's motor vehicle, he observed two bottles of beer in the vehicle. The trooper then testified that the client appeared dazed and did not know how old he was. The trooper testified that the client failed three field sobriety tests.
At trial Attorney Gribouski was able to demonstrate through cross-examination, that other than the speed of the motor vehicle, his client was operating without difficulty. Additionally, he was able to demonstrate that the field sobriety tests were not valid due to his client's medical condition. Attorney Gribouski's client was found not guilty and Attorney Gribouski was also able to persuade the judge to reinstate his client's license ninety days early
Dudley District Court March 12, 2009
Client, a thirty-seven year old Watertown, Massachusetts man was stopped by the Massachusetts State Police for allegedly operating a motor vehicle with a dirty license plate in Oxford, Massachusetts. After being stopped, the police discovered that Attorney Gribouski's client had a suspended license as a result of refusing the breath test during an operating under the influence of liquor arrest.
Attorney Gribouski was able to convince the prosecutor that there was no basis for the stop of his client's motor vehicle and thus the information the police gathered as a result of the stop was illegally obtained. The case was dismissed.
Worcester Superior Court March 11, 2009
Client, a forty-six year old North Grosvenordale, Connecticut man was charged with first-degree murder. The government alleges that Attorney Gribouski and Attorney Power's client had punched a man in the face and then kicked him in the side of the head, as he lay helpless on the ground. The medical examiner testified before the grand jury that the deceased had sustained two separate and distinct fractures of his skull, which would corroborate the government's case.
Attorney Gribouski and Attorney Power conducted an extensive investigation both in the factual basis of the charge, as well as the medical evidence. They were able to develop a case of self-defense on behalf of their client based upon witness statements and physical evidence. More importantly, however, by hiring well-qualified and experienced experts they were able to demonstrate to the prosecutor that the act of the deceased's head striking the pavement could have caused the two fractures and that the kick did not necessarily cause the second fracture.
After months of negotiations and a demonstration of their thorough investigation, Attorney Gribouski and Attorney Power were able to convince the prosecutor to reduce the charge from first-degree murder, which carries a potential penalty on conviction of life in prison without parole, to involuntary manslaughter, which carries on conviction a maximum penalty of twenty years in prison. Attorney Gribouski and Attorney Power were then able to negotiate a plea agreement where their client was sentenced to serve five to seven years in prison.
Worcester District Court February 19, 2009
Client, a fifty-eight year old Millbury, Massachusetts man was involved in a hit and run pedestrian accident and then fifteen minutes later crashed his motor vehicle in Sutton, Massachusetts. He was charged with leaving the scene of an accident after causing personal injury and operating to endanger. Attorney Gribouski filed a series of pretrial motions, the majority of which were allowed by the trial judge. After much of the government's case was ruled in admissible the government agreed to reduce the charge to leaving the scene property damage and continue the case without a finding. This resulted in the client not losing his license and not going to jail.
Worcester District Court February 10, 2009
Client, a sixteen-year old juvenile was charged with assaulting his mother. Attorney Gribouski was able to convince the prosecutor to move to dismiss the case.
Worcester District Court January 22, 2009
Client, a forty-eight year old Worcester man was charged with assault and battery with a dangerous weapon for the alleged domestic abuse of his daughter. Attorney Gribouski was able to convince the prosecutor that the proper resolution of the case was a dismissal.
Uxbridge District Court January 21, 2009
Client, a twenty-five year old Sutton, Massachusetts woman was charged with OUI/DUI after being stopped for speeding. After she arrested she elected to take a breath test, which resulted in a reading of .09, which is over the legal lime of .08. Despite being faced with evidence of poor performance on field sobriety tests, as well as the breath test reading, Mr. Gribouski was able to convince the court that the Commonwealth had not proven its case beyond a reasonable doubt. Mr. Gribouski's client was found not guilty.
Uxbridge District Court January 21, 2009
Client, a nineteen-year-old Sutton, Massachusetts man was found to be in possession with a substantial amount of psilycibin mushrooms, as well as marijuana. He was charged with possession of a Class C substance with the intent to distribute. Mr. Gribouski filed a motion to suppress the drugs due to an illegal warrantless search and seizure. By demonstrating to the prosecutor that the search may have been illegal, Mr. Gribouski was able to convince the prosecutor to dismiss the possession with intent to distribute charge and to continue the other charges without any plea for six months on pretrial probation to be dismissed at that time.
Uxbridge District Court January 16, 2009
Client, a twenty-five year old Worcester, Massachusetts man was indicted for the embezzlement of seventy-eight thousand dollars from his employer. By conducting a through investigation of the employment records and business records of the employer, Mr. Gribouski was able to demonstrate that the actual amount was thirty thousand dollars less. Despite the prosecution's recommendation to the court that Mr. Gribouski's client serve a substantial jail sentence, Mr. Gribouski was able to convince the court to sentence his client to probation.
Dudley District Court January 15, 2009
Client, a twenty-three old Worcester, Massachusetts man was charged with possession of marijuana, a Class D substance and possession of a Class C substance. Mr. Gribouski was able to convince the prosecutor that the search and seizure of his client was illegal and was able to obtain a dismissal of the charges on payment of a small amount of court costs.
Worcester District Court January 8, 2009
Client, a twenty-five year old Northbridge, Massachusetts man was charged with OUI/DUI after his car struck a tree on the wrong side of the road in Millbury, Massachusetts. Mr. Gribouski's investigator revealed that his client suffered a head injury after striking the windshield. Symptoms of head injuries often mimic the symptoms of intoxication. Mr. Gribouski successfully argued that the case should be dismissed.
Worcester District Court December 30, 2008
Client, a twenty-two year old Worcester, Massachusetts man was charged with violating an abuse protection order after he sent a text message to his former girlfriend. At the time of the text message he was in Massachusetts and his former girlfriend was in Maine. Mr. Gribouski argued that Massachusetts did not have jurisdiction, because there was no crime until the message was received and the message was received in Maine not Massachusetts. Mr. Gribouski successfully argued that the Effects Doctrine prohibited Massachusetts from prosecuting his client. The case was dismissed.
Worcester District Court December 18, 2008
Client, an eighteen-year-old Sutton, Massachusetts man was arrested by the Sutton Police Department for OUI/DUI. The client then admitted to the police that he had consumed three and one-half beers in the hour just prior to being stopped. Attorney Gribouski was able to demonstrate through a vigorous cross-examination of the arresting officer that his client had operated his motor vehicle without difficulty and had performed reasonably well on field sobriety tests despite the officer’s initial testimony to the contrary. Mr. Gribouski’s client was found not guilty and a three-year license suspension was rescinded.
Westborough District Court December 17, 2008
Client, a Shrewsbury, Massachusetts man was stopped by the Massachusetts State Police at a sobriety checkpoint. He was arrested for OUI/DUI and subsequently took a breath test. After taking the test he requested an independent blood test, but the police did not allow him to be released until three hours after his arrest when a blood test would not be helpful. Attorney Gribouski argued that his client’s right to an independent blood test was frustrated by his inability to be bailed until three hours later and thus both his right to an independent blood test and his right to a prompt bail release were violated. The judge agreed with Mr. Gribouski and excluded the breath test results from evidence.
Westborough District Court December 10, 2008
A Hopkinton man was stopped by the Westborough Police and was charged with OUI/DUI. After a review of the police reports, dispatch logs and breath test records Attorney Gribouski was able to demonstrate to the court that the police had failed to comply with Massachusetts law that a person under arrest for OUI/DUI must be observed for fifteen minutes prior to the administration of a breath test. The court refused to allow Mr. Gribouski’s clients breath test to be admitted into evidence. The case was then dismissed.
Framingham District Court Jury Session December 8, 2008
Client was charged with a second offense OUI/DUI after being stopped by the Massachusetts State Police for driving 87 MPH on Route 495 in Upton, Massachusetts. After a vigorous cross-examination of the Massachusetts State Trooper, which demonstrated the inadequacies of the field sobriety testing procedures employed, Mr. Gribouski’s client was found not guilty.
Uxbridge District Court December 3, 2008
Client was charged with OUI/DUI approximately seven months after he was involved in a single car accident. Citing the provisions of M.G.L. c. 90 c. § 2, which provides that a citation must be given to an offender within a reasonable time after the offense. Attorney Gribouski was able to convince the judge to dismiss the OUI/DUI charge.
Uxbridge District Court November 12, 2008
Client was charged with DUI/OUI after being stopped by the Douglas Police Department. A request by his client’s family lawyer to advise his client to not submit to a breath test was ignored by the police. Additionally, through pretrial investigation Attorney Gribouski was able to demonstrate that the police officer who administered the breath test to his client could not have observed her prior to the test for a fifteen minute period, as required by Massachusetts law. Attorney Gribouski filed a pretrial motion to exclude the breath test results from evidence at trial and the judge agreed to exclude the results from trial, because the client’s right to counsel was violated, as well as the law pertaining to the fifteen minute observation rule.
Worcester District Court November 12, 2008
East Brookfield District Court November 5, 2008
Client was charged with domestic assault and battery, assault and battery with a dangerous weapon and violation of an abuse protection order. As a result of extensive pretrial negotiations, which demonstrated the inconsistencies in the complaining witnesses’ allegations, Attorney Gribouski was able to convince the prosecutor to dismiss all charges.
Worcester Superior Court October 20, 2008
Client was charged with assault with intent to maim and assault and battery with a dangerous weapon. Attorney Gribouski was able to demonstrate that his client was acting in self-defense through a vigorous cross-examination of the complaining witness. His client found not guilty.
Worcester Superior Court September 24, 2008
Client was indicted for a sixth offense DUI/OUI and operating after suspension. He was thus facing state prison time if convicted. Attorney Gribouski was able to demonstrate to the judge in pretrial motions that the government's documents could not substantiate the operating after suspension indictment. This was critical to keep this information from the jury, which would likely have tainted the DUI/OUI charge. After a vigorous cross-examination of the police witnesses the jury returned a not guilty verdict in twenty minutes.
Orleans District Court September 3, 2008
Client was charged with DUI/OUI third offense which would subject him to a mandatory jail sentence if convicted. Through effective negotiation and legal maneuvering Attorney Gribouski was able to persuade the prosecutor to reduce the charge to a first offense which only required the client to participate in DUI/OUI classes.
Other Cases
Mr. Gribouski continues to represent individuals charged with first-degree murder and is currently representing three such individuals. Additionally Mr. Gribouski continues to represent individuals charged with sexual assault and currently represents several such individuals.
Criminal Case Results Archives