Man charged in the Plymouth County Wareham District Court for:
- Operating Under the Influence of Alcohol – M.G.L. c. 90, § 24(1)(a)(1)
- Possession of an Open Container of Alcohol in Motor Vehicle – M.G.L. c. 90, § 24I
- Trespass – M.G.L. c. 266, § 120
- Breaking and Entering a Building in the Nighttime for a Felony – M.G.L. c. 266, § 16; and Possession of a Burglarious Instrument – M.G.L. c. 266, § 49
A man was charged with Operating Under the Influence of Liquor and Possession of Open Container of Alcohol in Motor Vehicle in Wareham District Court. Prior to retaining our office, he resolved this case short of proceeding to trial and his case was continued without a finding (which is a non-conviction based probationary period) for a period of one (1) year with conditions. With approximately three (3) months remaining on his probationary term, the man, who had a history of larceny and theft offenses, was charged with Trespass, Breaking and Entering a Building in the Nighttime for a Felony, and Possession of a Burglarious Instrument in New Bedford District Court, after police caught him stuck in a barb wired fence trying to enter private property with both a flashlight and glass punch in his hand. Following his arrest on these new charges, the man received a Notice of Probation Violation from the Wareham District Court. The man retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to defend him at a probation violation hearing.
Case Result: Continued on Same Terms and Conditions of Probation.
The matter was resolved with admission to the violation and the man was continued on the existing terms and conditions of his probation, with no further punishment.