Criminal Charges:
Man charged in the Orleans District Court, Barnstable County, Massachusetts for:
- Breaking and Entering a Building in the Nighttime for a Felony, in violation of M.G.L. c. 266, § 16
- Malicious Destruction of Property Under $1,200, in violation of M.G.L. c. 266, § 127
- Disorderly Conduct, in violation of M.G.L. c. 272, § 53
- Arrestee Furnishing False ID Information to Law Enforcement, in violation of M.G.L. c. 268, § 34A
Case Overview:
Police were dispatched to a hotel for the report of a man banging on a hotel room door and attempting to get inside the room. Police spoke to the reporting party, who directed them to a nearby room where the incident had occurred. Police knocked on the nearby door, which was slightly open, and appeared to have been kicked in. Police spoke to the man’s friend inside the room who informed them that the man got really drunk and tried to break into his room by kicking in the door. Police located the man as he exited from a different room. The man immediately turned around and attempted to run back into the room. Police stopped the man, spoke to him, and observed his wrists and feet to be red, consistent with a recent struggle and/or kicking something hard without shoes on. The man denied that anything occurred, attempted to walk away from police, and was detained. Police then spoke to the man’s friend who identified him as the person who caused the damage. The man was placed under arrest for Breaking and Entering a Building in the Nighttime for a Felony, Malicious Destruction of Property Under $1,200, and Disorderly Conduct. During the booking process, the man provided the police with a false name, date of birth, and social security number, which resulted in him also being charged with Arrestee Furnishing False ID Information to Law Enforcement. The man retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to represent him in his case.
Case Result: 6 Months Pretrial Probation (no conditions).
The man, who was not a United States Citizen, feared adverse immigration consequences if convicted of a crime. Following ongoing negotiations with the Commonwealth, Attorney Calcagni and his team successfully secured the Commonwealth’s agreement to place the man on pretrial probation, which is essentially a prolonged dismissal, not a conviction, and requires no admission, for a period of six months. If the man is not arrested or charged with any new offenses during the pretrial probation period, the case will be dismissed. The man accepted this immigration friendly disposition to resolve his case.
