Charges of Domestic Assault and Battery Against Police Officer Do Not Issue After Clerk Magistrate Hearing

The defendant is a police officer. Police in a suburban Boston city alleged that they responded to a call from a neighbor who heard screaming and fighting one house away. The witness claimed to have seen some sort of physical struggle but was unable to see who exactly did what. The officers who responded met with the victim who claimed that her ex-boyfriend, our client, hit her several times during an argument over their prior relationship. Our client denied the allegations but under Massachusetts law he was arrested and detained for six hours. He hired our office to represent him. He was given a summons for a clerk magistrate hearing charging domestic assault and battery under G.L. c. 265 section 13M rather than being issued a criminal complaint. With the help of another witness who claimed that the victim admitted to lying to the police, Attorney Neyman was able to get all charges dismissed.

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