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Defendant Released From Custody Following Successful Appeal From Finding of Dangerousness Under G.L. c. 276 Section 58A
The defendant was arrested for armed robbery and arraigned in an urban district court in Massachusetts. The police report stated that witnesses observed the defendant, armed and robbing a store and people in the store. The defendant was charged with, among other things, armed robbery under G.L. c. 265 Section 17. The defendant has a criminal record and has served state prison time in the past. The district attorney moved for detention under the Massachusetts Dangerousness Law, G.L. c. 276 Section 58A. He was detained by a judge in the district court. Attorney Neyman was hired to appeal the order of detention. We scheduled a hearing on the appeal in less than one week. Our investigators were able to provide reliable information that the eyewitness accounts were biased and that their identification of our client was based on unlawful and suggestive police identification procedures. The Superior Court judge agreed with our position and released our client.
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