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Northampton, MA
413-585-9200

Amherst, MA: 413-549-0022

A Long Fight To Justice

Posted on : August 23, 2015, By:  Tom Kokonowski, Esq.

It took two years, but it turned out right for all involved.

My client was involved in an accident involving injury, and  the case went to a show cause hearing. At that hearing, the police failed to introduce any evidence that my client was under the influence of anything, so only the charge of operating to endanger was brought.

At arraignment, the prosecutor informed me that they intended to seek a charge of OUI Causing Serious Bodily Injury and OUI. I expected that we would be notified of the next show cause hearing to continue to battle these charges. However, on the next court date, my client was arraigned on the very serious charge of OUI Causing Serious Bodily Injury, without there ever being a show cause hearing.

I then filed a motion to dismiss and requested that the case be sent for a show cause hearing. The judge agreed and dismissed the charges. After months, my client informed me that she had gotten a new set of citations, and I instructed her to sign the back of those citations, requesting a show cause hearing.

At the show cause hearing, there was a prosecutor who was present to assist the police officer (that is very rare). I continued to argue that there was still not enough evidence to charge my client with the most serious charge. We got a decision from the clerk some weeks later, agreeing with me.

We were recently able to resolve the case with probation without convictions on simple OUI and Operating to Endanger. That was the appropriate disposition.

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