Alleged Victim’s Assertion of Spousal Privilege Prompts Case Dismissal Day of Trial
On the day of trial, Brett Lovins secured a case dismissal in Middlesex Superior Court for his client facing allegations of kidnapping and aggravated assault. Brett investigated the alleged victim (his client’s wife) and discovered she had no intention of testifying against her husband. Brett recognized the Commonwealth would not be able to prove its case at trial absent her testimony. The case was dismissed when Brett’s client’s wife appeared in court to assert her spousal privilege, which allowed her to refuse to testify.
Dismissal of Violent Felony Charges at Final Pretrial Hearing
Brett Lovins successfully obtained a dismissal for his client accused of several violent felonies in a domestic assault and battery case after persuading the Commonwealth that its complaining witness’ proposed testimony was not credible. Brett furnished evidence to establish that the witness had fabricated her statement to police officers. The charges originated in the Malden District Court.
Dismissal of Aggravated Assault & Battery Charge Prior to Trial
Brett Lovins successfully obtained a dismissal for his client accused of aggravated assault and battery when the Commonwealth failed to produce a necessary witness to prove its case. The charge originated in the Malden District Court.
GPS Monitoring Device Removed After Hearing, at Defendant’s Request
Brett Lovins persuaded the Middlesex Superior Court to reconsider a previous ruling and remove a GPS monitoring device for his client facing armed robbery and other felony charges. The amendment enabled Brett's client to secure a job promotion to a supervisory position that entails out-of-state travel.
Felony and Misdemeanor Charges Dismissed on Day of Trial
Brett Lovins obtained a case dismissal for his client on the day of trial when the Commonwealth failed to proffer sufficient evidence to prove its case. The case originated in the Malden District Court and involved allegations of distribution of obscene matter and criminal harassment.
Criminal Motor Vehicle Offense Dismissed Day of Trial
On the day of trial, the case against Brett Lovins’ client was dismissed. The prosecution entered a nolle prosequi, dismissing the sole charge of leaving the scene of a motor vehicle accident causing property damage. After interviewing its civilian witness and multiple police officers, the government acknowledged its case lacked sufficient evidence as to the identity of the driver. By advising his client to refrain from pleading to the crime, and instead requiring the prosecution to prove its case, Brett enabled his client to avoid a criminal conviction and preserve her clean driving record.
Brett Lovins Selected to Board of Directors of Suffolk Lawyers for Justice
Congratulations to Lovins & Metcalf attorney Brett D. Lovins on his selection to the Board of Directors of Suffolk Lawyers for Justice. Suffolk Lawyers for Justice has overseen the delivery of criminal defense services to indigent people in Boston-area courts since 2001.
Day of Trial Dismissal of Enhanced Motor Vehicle Offense
Brett Lovins obtained a case dismissal for his client on the day of trial when the Commonwealth failed to proffer sufficient evidence to prove its case. The case originated in the Woburn District Court and involved allegations of operating a motor vehicle with a suspended license, subsequent offense.