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The Importance of Filing a Motion to Dismiss Criminal Charges in Massachusetts

If you could get your criminal case dismissed by filing a legal document called a Motion to Dismiss, why wouldn’t you have your lawyer do it? The clerk will set up a hearing date and your lawyer can then make a persuasive argument to a receptive judge that some or all of the charges against you should be dismissed because the facts alleged in the police report or application for criminal complaint don’t support probable cause that a crime was even committed. If the judge agrees, you will not have to face a trial and you avoid having to resolve the case in another manner prior to trial. The dismissal motion is often referred to as a DiBennadetto Motion. The Law Office of Patrick J. Murphy is intimately familiar with the motion to suppress process in Massachusetts as Attorney Murphy was the lawyer in the DiBennadetto watershed case pertaining to clerk magistrate hearings and motions to dismiss.

In Commonwealth v. DiBennadetto, 436 Mass. 310 (2002) motion to dismiss practice in the Massachusetts district and municipal courts was greatly expanded. In that case, the defendant alleged that his former landlord hit him one evening, which caused him to lose consciousness There was a show case hearing after a police officer filed an application in the BMC for the issuance of a complaint, followed by the defendant’s arraignment where the judge ordered the case to be reheard by a different clerk magistrate. The case was then heard second clerk magistrate who found there had been probable cause and the defendant appealed, sending the parties to appear before the same BMC judge who eventually found that no probable cause existed. The Supreme Judicial Court held that someone who is complained against who believes there was no probable cause to charge him with a crime is allowed to move to dismiss the complaint in court. The court further reasoned that a motion to dismiss is the only way to challenge a finding of probable cause, because a motion to dismiss will represent a failure to present sufficient evidence to the magistrate or judge.

The importance of filing such a motion if you have been charged with a crime that is not factually supported cannot be understated. It is important that your criminal defense attorney argue the motion to dismiss and therefore help you to avoid a trial altogether and potential damage to your reputation and future if there is a conviction. You will need an experienced Massachusetts criminal defense lawyer to help you with your case and pursue the dismissal of some or all of your charges. For decades, the Law Office of Patrick J. Murphy has successfully helped dismiss their client’s criminal charges. Attorney Patrick Murphy is a zealous motion to dismiss advocate and will work very hard to dismiss frivolous or unsupported criminal charges. Call (617) 367-0450 to contact the Law Office of Attorney Patrick J. Murphy today for a confidential and free assessment of your case, or fill out the contact form on our website to provide us with information on your case.

Client Reviews
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"Highly Recommended. Attorney Patrick J. Murphy absolutely helped me out in my time of need. When I met him in his Boston office he put me right at ease and explained the criminal process to me in a way I could easily understand and in a manner that gave me complete confidence. I was facing a criminal wanton destruction of property charge in Barnstable District Court. On the day of the case, he was at the courthouse waiting for me and my wife. Mr. Murphy handled the hearing in a very thorough and professional manner putting us through our testimony and making a powerful argument to the decision maker. My case was thrown out and I could not be happier with the service from Attorney Murphy. I highly recommend him to you as a skilled legal advocate!" Rob, Avvo User
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"Excellent Criminal Defense Lawyer. From the first consultation I knew Patrick Murphy was the right choice for my criminal defense. He was knowledgeable of the laws and knew how to build up a strong defense for my case. Every phone call and email I made was promptly answered. When it came time for my hearing, Patrick was prepared and able to get the criminal complaint against me dropped without ever becoming charge! Would highly recommend this attorney to anyone seeking a top quality defense attorney to handle their case!" John, Avvo User
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"OUI Not Guilty Verdict. Patrick Murphy provided excellent service as council on my case. He worked diligently over a long legal process that spanned over 3 years. He was able to take my case to a Jury Trial and get me a Not Guilty verdict through he expert knowledge of the law and expertise in cross examination of the prosecutions witnesses. He was very professional and available at anytime night or day to answer questions." Chris, Avvo User
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"Highly Skilled and Professional Lawyer. Attorney Pat Murphy did a great job guiding me through an A&B charge, and most importantly getting the case dismissed in a very timely manner. He is very professional, returns call promptly, and did a great explaining his strategy and the legal process to me. I was confident throughout the whole process that I was in good hands and would receive the best possible outcome in my case. Would highly recommended Attorney Murphy." Avvo User
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"I Felt That I was in Good Hands... and I Was! Mr. Patrick J. Murphy was very quick to respond to my needs. He was always there to answer any questions I had in a timely fashion, and he made me feel very comfortable in an extremely uncomfortable situation. Having Mr. Murphy by my side in the courtroom felt like I was at an advantage. He speaks with confidence. He doesn't stutter or pause while put on the spot. He treated me with respect. He listens. He always greeted me with a warm welcome and never wasted any time." Avvo User