Posted by Michael Franklin
Client was accused of trespassing and 2 counts of assault and battery in Worcester District Court. The client did have a criminal history/ probation record. He was residing in real estate that was under foreclosure. He actually paid rent to the landlord who in turn did not pay the mortgage secured by the real estate. No rental agreement could be produced and the landlord could not be found. One evening, 2 drunks, a man and his girlfriend were invited into the real estate by a roommate. The client demanded that they leave because they were disturbing him. They attacked him and the woman actually threw an ashtray at the client. The ashtray struck the client in the back of the head causing seven staples to be required. The drunks called the police claiming my client was the aggressor and they were merely defending themselves. The police believed the drunks and my client was arrested and charged. The client was able to produce rental receipts and a proposed relocation agreement with the new owner of the real estate. The real estate agent representing the new owner of the real estate confirmed that the client was a party to this agreement and therefore, had a right to be on the premises.
Results:
The Assistant District Attorney prosecuting the matter agreed to dismiss all charges against client after being presented with the rental receipts, photos of client’s injury and the proposed relocation agreement.
