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DISMISSED: In Commonwealth of Massachusetts v. Defendant, Docket No. 2321 CR 0565, Charges of Leaving the Scene of an Accident with Property Damage against my client were DISMISSED on the date of arraignment.* In this matter our client was arraigned for the above charges after an accident. He was not present or arrested at the scene, or ever, and was not given the statutory right to a Clerk Magistrate hearing as required by MG.L. c. 218, § 35A. Mass.R.Crim.Pro. 3(g) and Commonwealth v. DiBennadetto, 436 Mass. 310, 313 (2002).
The information contained within the four corners of the statement of facts in support of this application for a criminal complaint were insufficient to establish probable cause of operation and therefore upon our motion to dismiss, the complaint was DISMISSED.
This blog is not intended to be legal advice, if you have been charged with a crime in Massachusetts you should call an experienced and successful Criminal Defense Attorney immediately. Call Mike Now at: (508) 393-4162. I have been providing criminal defense services in Massachusetts for over Thirty (30) years. I have been named a “Top 100 Trial Lawyer” by The National Trial Lawyers, I have earned the “Clients’ Choice Award” by AVVO, the Client Champion Platinum Award by Martindale-Hubbell, I have been named a “Top Tier Lawyer” by the American Trial Academy and I have won over Eighty-Five Percent (85%) of my trials.*