Client a 46 year old man from West Boylston, MA had plead guilty to a felony charge of Malicious Destruction of Property Over $250.00 when he was twenty one years old. The charge involved the client and another young man driving onto the lawn of a town cemetery with their trucks and digging up the grass. The client never hired a lawyer and plead guilty on the second court date.
The client has had no arrests or involvement with the Court system for the last twenty five years. The client obtained his LTC or license to carry a firearm approximately six years ago, despite the felony conviction. Recently, when his LTC came up for renewal the chief of police for the issuing department informed the client that he could not renew the license due to this issue and that somehow it had been previously over looked.
The client consulted with Attorney Damian Riddle to see if anything could be done to remedy the issue. Attorney Riddle began by reviewing the entire docket for the criminal case in Westborough District Court. It became apparent after reviewing the Court record that there were two possible issues for overturning the felony conviction from twenty five years ago. First there was no record that the client had been advised of his right to counsel and that he made a knowing, intelligent and voluntary waiver of his right to counsel. Second it appeared that there was no factual basis for the element of the offense that alleged the destruction of property was over $250.00. All of the police reports and the docket indicated the damage was less than $250.00.
Attorney Damian Riddle filed a Motion for a New Trial and a memorandum with the Court detailing these two issues. On the date of the hearing after conferring with the District Attorney’s Office they agreed to assent to Attorney Riddle’s motion and then Dismiss the charge against the client. The client is now able to submit the Dismissal of the charge to the chief of police and have his LTC reinstated.