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Barnstable: Restraining Order Violation: Complaint Denied
Summary of Facts: While subject to a restraining order against a former partner, our client was accused of sending indecent e-mails to his ex-partner. Once the police were notified and conducted an investigation, the officers filed for a criminal complaint against our client. At this time, our client lived in a different state and needed local counsel to defend him. He hired Attorney Coughlin.
Action: Attorney Coughlin coordinated with our long-distance client a review of all the evidence. Recognizing the lack of proof that showed our client was the person responsible for the e-mails, Attorney Coughlin persuasively argued to the magistrate that there was insufficient evidence to establish probable cause to charge our client with a violation of the restraining order.
Outcome: The Court found there was no probable cause to issue a criminal complaint against our client. The case was dropped and our client was not arraigned, preventing the matter from creating an entry on our client’s criminal history.