Remember Joseph Houston? He is the former Brewster, Massachusetts police officer who got kicked out of a Metallica concert for peeing on concertgoers and then tried to get back in the concert by flashing his badge. His case is now over and it worked out great for him. He can thank a great criminal defense lawyer, a compassionate district attorney and a judge who simply “gets it”. According to reports, Houston will have to pay restitution in the amount of $2,632 to his victims and undergo alcohol counseling. If he does so and stays out of trouble for the next eighteen months his charges of assault and battery, trespassing and open and gross lewdness will be dismissed. The disposition or resolution of the case was accomplished by continuing the case without a finding.
So what exactly is a continuance without a finding? In Massachusetts cases are often resolved in a manner whereby the defendant will have to adhere to certain conditions of probation however once he successfully completes those obligations the case will be dismissed on a designated date. In essence, the defendant is punished for the crime but he will not have a criminal record to show for it. The statute governing this rule is Massachusetts General Laws Chapter 278 Section 18. For years it was believed that this statute applied only to cases prosecuted in the District Courts. As recently as March of 2009 the Massachusetts Supreme Judicial Court decided that continuances without a finding (CWOF’s) could be entered by judges in the Superior Court.
Attorney Stephen Neyman has obtained CWOF’s for hundreds of client over the past twenty plus years. This type of case resolution has literally save people’s jobs, liberty, sex offender status and more. For more information on dispositions such as this contact our office at 617-263-6800 or contact us online now.
Si usted habla español contacta a nuestro asistente de abogado Maria Rivera en 617-877-6270.