23 Charges Dismissed Across 5 Cases in Middleborough MA
Criminal Charges:
Man charged in the Wareham District Court for:
- Assault and Battery on a Family / Household Member, in violation of M.G.L. c. 265, § 13M(a)
- Vandalizing Property, in violation of M.G.L. c. 266, § 126A
- Intimidation of a Witness, in violation of M.G.L. c. 268, § 13B
- 2 Counts of Violation of an Abuse Prevention Order, in violation of M.G.L. c. 209A, § 7
- Improper Storage of a Firearm, in violation of M.G.L. c. 140, § 131L(a)&(b)
- 18 Counts of Possession of a Large Capacity Firearm, in violation of M.G.L. c. 269, § 10(m)
City, State, County and Court:
Middleborough, Massachusetts, Plymouth County
Wareham District Court
Case Overview:
A man and his wife got into a verbal argument resulting in him violently pushing her, which was caught on video, and him leaving the residence on foot. The man was in the woods when located by police and arrested for Assault and Battery on a Family / Household Member. While in the cell at the police station, the man was extremely uncooperative and disrespectful to the officers. He also removed a screw from a fixed light and scratched the lens of the camera in the cell for which he was also charged with Vandalizing Property. After being released, he went to stay at his mother’s residence, made threats by text message to his wife, shut off her cell phone service, and was charged with Intimidation of a Witness. At this point, his wife applied for and was granted a restraining order against him. After the restraining order was issued, he refused to surrender his firearms to the police and was charged with Violation of an Abuse Prevention Order. Police then obtained a search warrant for the man’s residence during which time the man was present and made comments towards his wife, resulting in him being charged with a second count of Violation of an Abuse Prevention Order. Upon searching the residence, police located numerous firearms and a volume of ammunition, many of which were illegal, large capacity firearms and magazines, one of which was improperly stored, and he was charged with 18 counts of Possession of a Large Capacity Firearm and Improper Storage of a Firearm. The man retained the Law Office of John L. Calcagni to represent him in what ended up being 5 cases consisting of 24 charges.
Case Result: 4 out of 5 cases and 23 out of 24 charges dismissed; six months pretrial probation on the vandalism charge (no special conditions).
Attorney Calcagni successfully secured the dismissal of 4 out of 5 of the man’s cases, and including 23 out of 24 of the man’s charges. On the remaining charge of Vandalism, Attorney Calcagni secured the Commonwealth’s agreement to place the man on pretrial probation for a period of 6 months, which is essentially a prolonged dismissal that requires no admission of responsibility or guilt, is not a conviction, and assuming the man remains out of trouble, will result in dismissal after 6 months.