Brockton District Court

DEFENDANT WAS CHARGED WITH DOMESTIC VIOLENCE WHILE ON BAIL FOR VIOLENT CRIMES IN ANOTHER COURT. THE COMMONWEALTH REVOKED HIS BAIL AND THE CLIENT WAS BEING HELD FOR AT LEAST 60 DAYS. AFTER CONTACTING OUR FIRM, THE DOMESTIC VIOLENCE CASE WAS DISMISSED AND THE CLIENT WAS IMMEDIATELY RELEASED FROM CUSTODY.

Defendant had an open criminal case in Suffolk County for Breaking & Entering (G.L. c. 266, §16), (2) Assault & Battery (G.L. c. 265, §13A), (3) Assault & Battery with Dangerous Weapon (G.L. c. 265, §15A), and (4) Violation of an Abuse Prevention Order (G.L. c. 209A, §7). While on bail for his criminal cases in Suffolk County, Defendant was arrested in Brockton for Assault & Battery on a Family or Household Member (G.L. c. 265,§13M); the alleged victim being his girlfriend. As a result, the Commonwealth revoked his bail, and the Defendant was ordered to be held in custody for at least 60 days under G.L. c. 276, §58A – for committing a new offense.

Result: While in jail, client hired our firm. Attorney Patrick J. Noonan conducted an investigation into the Brockton case. Our private investigator interviewed the witness who called the police to report the assault. The witness told our investigator that he did not witness the incident, but called the police because he heard yelling from the Defendant’s residence. Thus, there was no viable witness who would testify to the incident at trial. We were able to get the case dismissed quickly. Even though the case was dismissed, the Judge could still hold the Defendant in custody for at least 60 days. Our office convinced the judge to release the Defendant prior to the expiration of the 60 days, and the Defendant was immediately released from jail.