April 1, 2025
Assault and Battery (Domestic)
Young man going through some struggles at home was charged with Domestic Assault and Battery on his mother. Mother called police during an argument that led to a brief struggle. No parties were injured but when police arrived they saw what a chargeable offense and issued a notice to appear for a magistrate hearing—which they did at their discretion. In short, they did not handcuff the client but sent him a letter to appear. The magistrate hearing permits a per- charging opportunity to challenge probable cause for the criminal offense. Which is a great tool, since if successful it does not appear on the persons record. Even if the court finds probable cause they may decline to issue the complaint in the interest if justice. Here, the court, reviewing everything and taking in consideration everything provided, determined that it was in the interest of justice not to have the case be formally charged.
RESULT: Police & Magistrate Agree to Not Formally Charge Client.