General Continuance for Sales Rep Charged With Domestic Assault and Battery

The defendant is a sales rep who is well known throughout New England. He represents beer distributors. In February of this year police responded to a well known hotel where our client was staying. The officers were called by hotel staff and patrons. They were directed to a penthouse room where they encountered the defendant and the alleged victim, his boyfriend. Responding officers quickly learned that the men had been drinking and began physically fighting over plans they had for the evening. A determination was made that our client was the first and primary aggressor. Consequently he was arrested and charged with domestic assault and battery in violation of G.L. c. 265 section 13M. Our office was hired. We immediately learned that the couple was still together and that the alleged victim wanted the charges to be dismissed quickly. To achieve that result we prevailed upon the assistant district attorney and the judge to give a general continuance for three months. This means that all charges will be dismissed at that time provided our client does not get into trouble within that time period. This result differs from pretrial probation, G.L. c. 276 section 87 in the sense that there are no probationary conditions that our client needs to abide by.

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