DOMESTIC ASSAULT AND BATTERY DISMISSED

SM, a 26 year old male bookkeeper, was charged in Malden Court with assault and battery on his girlfriend on March 1, 2011. The allegation arose from a fight that he and she allegedly had; she claimed in her affidavit for an abuse prevention order that he had pushed her up against a railing and grabbed her around the throat, choking her. She also claimed that he had banged her face into a door leaving her with swelling on her forehead for which she went to the hospital. SM had two prior domestic assault and battery charges on his record and four prior abuse prevention orders that had been taken out against him by four different women over an eight year period. The Middlesex County D.A.’s Office did not want to let go of this case. SM retained Attorney Robert Lewin. The police reports were reviewed along with the girlfriend’s affidavit; the reports and the affidavit did not add up. Ultimately the girlfriend told Attorney Lewin that SM had not assaulted her and that she had lied. Attorney Lewin put the girlfriend into contact with the Assistant D.A. The D.A.’s Office ultimately agreed to dismiss the charge against SM. On May 17, 2011 SM appeared in Malden Court. Attorney Lewin pressed for the dismissal to enter prior to SM’s arraignment. The significance of the dismissal entering prior to arraignment is that the charge does not go onto SM’s criminal record. Once the arraignment takes place a criminal record is created. As a result of this case not going onto SM’s record he will be eligible in May of 2012 to have his remaining criminal record sealed. SM and his girlfriend walked out of court arm in arm – go figure.