Our client, while going through a stressful time in his life, began acting erratically one evening. This led to his family calling 911 for help. When police officers and Emergency Medical Technicians (“EMTs”) arrived, our client was behaving very strange and aggressive. The police and EMTs decided that our client needed medical attention. Thus, our client was forcefully brought into the ambulance to be taken to the hospital. During this process, he allegedly kicked one police officer, struck an EMT with his hand, and spit on another EMT. He was eventually taken to the hospital and medicated.
The Salem Police filed an application for a criminal complaint alleging Assault & Battery on a Police Officer, Assault & Battery, and Disorderly Conduct. Our client was ordered to appear in front of a clerk magistrate to determine if there was probable cause for the criminal complaint to issue.
Attorney Alexander Conley represented our client at the Clerk Magistrate Hearing. Attorney Conley argued that our client had no criminal intent, and everything that transpired was the result of a mental episode. The magistrate was convinced by Attorney Conley and the complaint was not issued. Our client was merely required to send letters of apology, and stay out of trouble for six months, and the matter would be closed. Because no complaint issued, there was no entry on our client’s criminal record that would affect his future opportunities.