FELONY Never Appears on the Person's Record

April 23rd 2022
Reckless Operation of a Motor Vehicle
Assault and Battery with a Dangerous Weapon
Clerk Magistrate Hearing
Super pleasant hard-working tradesman was charged with reckless operation of a motor vehicle and assault with a dangerous weapon, a felony in Massachusetts. According to police, someone was driving on the highway when they had words with another person who was driving in another car. That other person threw a can which struck the accuser in the chin and resulted in eight stitches. A serious criminal offense. Also, the accuser reviewed a lineup and picked out client, twice. In this case, we were confident that the crime occurred, but they had the wrong guy. Im cases like these you use everything you have available to show that the person was simply not the right one. When you have the truth on your side, things generally are made right, as they were here. Fortunately, the experienced State Trooper investigating these charges applied for a magistrate hearing and not a warrant, which allowed client, through Attorney Barabino, to present evidence demonstrating that his client was not the person who did this criminal act. No probable cause and no criminal record. Updated May 17th 2022: Attorney Barabino also represented client in getting rid of his immediate threat designation on his drivers license, after an appeal before the Board of Appeal, who authored a decision ordering reinstatement.
RESULT: NO Probable Cause, Charges DO NOT ISSUE