Daniel L. Oste

Admissions

• Massachusetts

Education

• J.D. Washburn University
• B.A., Criminal Justice, University of Nebraska-Lincoln

2023 – Charges Dismissed – Assault on a Family/Household Member

The client was charged with assault on a family/household member after an argument with his wife while police were on scene.

Attorney Oste filed a motion to dismiss the charges and was successful in arguing that the Commonwealth had insufficient evidence that the client engaged in any threatening action toward the alleged victim.

2023 – Not Guilty Verdict – Assault with a Dangerous Weapon

The client was charged with assault with a dangerous weapon after allegedly swinging a machete at the named victim during an altercation.

Attorney Oste cross-examined the alleged victim, who told the jury the client hit him with a machete, and the police officer, who testified the client admitted swinging the machete at the alleged victim. Attorney Oste was able to secure a not guilty finding after casting doubt on both the alleged victim’s and police officer’s testimony. Additionally, Attorney Oste presented evidence that the alleged victim was untruthful in his testimony, and was in fact the aggressor in the altercation. Had the client been convicted of this offense, he would have been deported from the United States, leaving his wife and two children without a father.

2023 – Continuation without a Finding Allowed – Operating a Motor Vehicle with a Suspended License

The client was charged with operating a motor vehicle on a suspended license after a rollover, multiple car accident.

Attorney Oste convinced the Judge to give the client a continuation without a finding for 60 days, despite numerous other continuations without a finding on the client’s record. The Commonwealth requested a guilty finding with one year probation, but Attorney Oste was successful in arguing that a guilty finding, which would lengthen the client’s license suspension, was not in the best interests of justice.

2022 – Charges Dismissed – OUI-Drugs

The client was charged with OUI-drugs after a car accident in which the police say she was demonstrating the classic signs and symptoms of drug ingestion.

Attorney Oste was able to have the charges dropped against the client after pointing out the Commonwealth could not prove which specific drug the client was allegedly using, a requirement under the statute.

2022 – Not Guilty Verdict – OUI-Liquor

The client was charged with OUI-liquor after another driver called 911 about erratic operation by the client.

Attorney Oste secured a not guilty verdict by arguing to the jury that the Commonwealth could not prove that the erratic operation was a result of alcohol impairment. After cross-examination of the witness who observed the client driving and police officer that made the determination the client was impaired, the jury decided to find the client not guilty.

2022 – Charges did not Issue – 2 Cases of Assault and Battery

The client, who already had two open cases, for threats and negligent operation, was charged with two additional cases of assault and battery.

At a clerk’s hearing, Attorney Oste argued that the two assault and battery complaints should not be issued and convinced the Clerk Magistrate that the best result was for the client to focus on drug treatment rather than face criminal prosecution.

2022 – Pretrial Probation – Assault and Battery with a Dangerous Weapon

The client was charged with assault and battery with a dangerous weapon after allegedly throwing a hammer at her neighbor.

Attorney Oste successfully negotiated pretrial probation for the client, a favorable disposition that is only available if the Commonwealth is in agreement, in which the client agreed to stay away from her neighbor for 9 months, after 9 months, the case would be dismissed.

2022 – Charges Dismissed – Assault and Battery

The client was charged with assault and battery after a fight in a public park.

Attorney Oste presented evidence that the alleged victim was actually the aggressor during the incident, despite what the alleged victim and police had stated in the police report, which resulted in the assault and battery charge against the client being dismissed.

2022 – Pretrial Probation – Filing a False Insurance Claim; Attempt to Commit a Crime

Attorney Oste secured the client pretrial probation for 6 months, upon an agreement that the client would pay restitution. After the 6-month probationary period, the case against the client would be dismissed with no admission to the charges by the client.

2022 – Charges did not Issue – Violation of an Abuse Prevention Order

The client was accused of violating a restraining order by sending his ex-girlfriend text messages.

Attorney Oste successfully argued to the Clerk Magistrate that the charges against the client should not result in a criminal case because he was currently on probation on an unrelated matter and had been successful to that point. Attorney Oste convinced the Clerk Magistrate that it was not in the interests of justice for the charge to issue against the client.

2021 – Not Guilty Verdict – Lewd and Lascivious Behavior

The client was charged with lewd and lascivious behavior after it was reported he was engaged in offensive activity on a public beach witnessed by two lifeguards.

Attorney Oste secured a not guilty verdict on a bench trial after casting doubt on the eyewitness testimony, and pointing out that they likely did not have a clear view of the client.

2021 – Charges did not Issue – Negligent Operation

The client was charged with negligent operation after he drove his car off the road in a single-car accident.

Attorney Oste convinced the Clerk Magistrate not to issue a criminal case against the client because of his young age and impact a criminal case could have on his future.