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District Attorney’s Request for Detention Under G.L. c. 276 §58A Denied After Dangerousness Hearing
Our client was arrested and charged with domestic assault and battery under G.L. c. 265 §13M after he called 911 for assistance with his wife who was having a violent episode. When the officers arrived, following protocol, they separated the parties and interviewed them separately. The wife claimed that she was in fact the victim, a story that the police credited. The police later learned that our client lawfully possessed firearms. They went back to the home to retrieve the guns and found them stored improperly. Several charges of improper storage of a firearm were issued under G.L. c. 140 §131L as well. At the arraignment the district attorney moved for detention under G.L. c. 276 §58A, the Massachusetts Dangerousness Statute.. After a hearing the judge agreed with Attorney Neyman that the defendant was not a danger and he was released.
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