Assault and Battery Charges Dismissed

Clinton District Court

Client a 54 year old male from Harvard, MA was charged with one count of Assault and Battery.  The client came to Attorney Damian Riddle four and half years after he plead to the case, received a Continuance Without a Finding and completed his probation.  The client was a Canadian citizen and had been in the U.S. on a green card for many years.  The client came to Attorney Riddle when he realized that due to pleading out and admitting to the domestic assault and battery case we was now subject to deportation, denial of naturalization and exclusion from the United States.  The client’s green card was about to expire and he was in a terrible predicament.  The client had his family in the UNITED States and had a very good job.

Attorney Riddle thoroughly researched the legal issues, pulled all of the recordings, transcripts and records that had been filed when the client previously plead.  Attorney Riddle discovered that there had been two legal insufficiencies in the proceeding when the client had previously plead.  Based on those legal errors Attorney Riddle prepared a Motion for a New Trial.   After arguing the motion before the Court, which the Commonwealth opposed and argued against, the Judge allowed Attorney Riddle’s motion. 

Once the motion was allowed the Commonwealth recognized that they had no case and could not go forward at the new trial, they agreed to Dismiss the charges.  With the charges Dismissed the client was able to then apply for citizenship and since has been granted citizenship.  The client is a truly great guy and someone I am proud is now a fellow citizen.

Result: Charges Dismissed.

Categories: Cases and Verdicts.