Complaint Dismissed by Magistrate

• Steven Topazio wrote this October 15, 2018 at 7:35 pm

The client received a summons to appear at a Clerk Magistrate Hearing on an Application for Criminal Complaint alleging that he committed the offense of Assault and Battery on a Household Member in violation to MGL c. 265 § 13M.  The client hired Attorney Topazio who obtained a copy of the police report and discovered that the report was full of inconsistencies and time lapses since the alleged incidents.  Attorney Topazio advised his client to file a complaint against his ex-girlfriend after he learned that the ex-girlfriend attacked his client several times.  At the Clerk Magistrate hearing, both sides advised the Clerk that they would be asserting their Fifth Amendment and would not testify so as to avoid incriminating themselves.  Without any witnesses being willing to testify or provide any information to the Magistrate regarding the allegations for his consideration, both complaints were dismissed.