July 22, 2026
Assault and Battery on a Police Officer (3 counts)
Disturbing the Peace
Destruction of Property under $1,200
Client was a married young man who was in the throes of a manic episode when police were called. They arrived at the client's home and a dispute between police and client began. Client had a section 35 warrant and did not comply. The police, recognizing that this was a mental health issue, used calm restraint and patience. Despite the professional response, the client committed acts of aggression and violence which warranted police charging the client. They charged him with the above offenses but an application for a magistrate hearing was given, not an arrest warrant or summons for arraignment. Since it was a clerk magistrate hearing there is always an opportunity for success. The goal and strategy was for client to optimize and take advantage of every rehabilitative effort available. Client had a wife who was an outstanding advocate and managed and supported her husband during recovery. Client completed 52 days of inpatient care and then remained involved with the Department of Mental Health outpatient. The magistrate heard and listened to all the support and efforts made by Client and declined to issue the Complaint.
Result: Magistrate permits Case to NOT GO Forward.