Criminal Charges:
Driver charged in Attleboro District Court for:
- Leaving the Scene of Property Damage, in violation of M.G.L. c. 90, § 24(2)(a)
City, State, County and Court:
Attleboro, Massachusetts, Bristol County Attleboro District Court
Case Overview:
A man stopped at a red light felt and heard a collision to the rear of his vehicle. He observed the car that struck him drive away without stopping. After observing damage to his car, the man followed the vehicle. While it was stopped at a stop sign, he approached on foot to get the driver’s attention, but again the vehicle drove away. The man contacted police to report the incident and provide both a physical description of the driver and vehicle registration. Upon further investigation, police confirmed the identity of the registered owner and her address. When police responded to the driver’s home, she greeted them at the door and stated, “I had a feeling I would be hearing from you.” The driver admitted to leaving the scene of the accident. Attleboro Police Department filed an application for criminal complaint in Attleboro District Court seeking to criminally charge the driver with Leaving the Scene of Property Damage. She retained Massachusetts Criminal Defense Attorney, John L. Calcagni III, to represent her at a Clerk-Magistrate’s Hearing.
Case Result: Application for Criminal Complaint to Be Denied
In advance of this hearing, Attorney Calcagni conducted his own investigation, and submitted a packet of materials for the Clerk-Magistrate and police prosecutor to consider on his client’s behalf. Following the Clerk-Magistrate’s preliminary remarks, the recitation of facts by the police prosecutor, consideration of the materials submitted, and oral argument, the Clerk-Magistrate opted to not issue the criminal complaint. Alternatively, the Clerk-Magistrate agreed to hold the matter open for three months. Assuming the driver remains out of trouble during this period, the application for criminal complaint will be denied.
