Domestic Assault and Battery: Pretrial Probation for 12 Months.
Police charged a young man with Domestic Assault and Battery against his former live-in girlfriend. The couple allegedly had a falling out that resulted in the man asking his girlfriend to vacate their common apartment. Following an altercation, the details of which are subject to dispute, the girl left the apartment. The next day she filed a complaint with the local police claiming that her boyfriend struck her in the face with a closed fist. The investigating officer took a statement from the complaining victim and also took a digital photograph of her face, which displayed redness and swelling consistent with her allegation of being punched in the face. The girl then visited the local court house and successfully obtained a restraining order against the ex-boyfriend. As a result of these efforts, the boyfriend was charged with one count of Domestic Assault and Battery.The man retained Attorney John L. Calcagni III to defend him in this criminal matter. After several unsuccessful pretrial conferences, the man, on Attorney Calcagni’s advice, opted to exercise his right to a trial. On the morning of trial. moments before empaneling a jury, Attorney Calcagni successfully negotiated a pretrial disposition of the case that was simply too good to be true.
The disposition provided that the man would maintain his innocence by not admitting to any guilt or any wrongdoing. His case, however, would remain open for 12 months during which time he would remain on what is known as “pretrial probation.” Providing the man is not charged with a new offense during this time period, the case will be dismissed at the end of the year and he will not incur a criminal record or conviction from this incident. The man accepted and the Court adopted this disposition.
Congratulations on this favorable result.
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The Law Office of John L. Calcagni, III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , Assault and Battery and all criminal matters.
As a Criminal and Military Defense Attorney and former prosecutor with the US Army JAG Corps, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, New York, Connecticut, Florida and the Commonwealth of Massachusetts.
Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com
If you cannot make it to one of our offices, we will to come to your home or detention center.
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