GD, a man in his late thirties, was sitting one afternoon in his car in Beverly with his Mother. A group of people with young children walked by. As they walked by they said hello to GD. He responded, allegedly, by threatening to run them over with the car. It was then alleged that GD drove the car fast and erratically toward the group. GD was charged with two counts of Assault with a Dangerous Weapon (the car); Reckless Operation; and Disorderly Conduct. It appeared that GD suffers from paranoia and a personality disorder. GD was claiming that the car he was in was infested with spiders and that he was bitten.

GD went to Salem District Court and was arraigned on the charges. He – with the help of his family – then retained Attorney Robert Lewin. Attorney Lewin then thoroughly reviewed all the witness statements and the police reports.Something did not seem right with the reports. Attorney Lewin filed a DiBenedetto Motion to Dismiss all the charges. A DiBenedetto Motion is a request to dismiss a criminal charge when the evidence presented to the Clerk-Magistrate does not create probable cause.

On July 16, 2013 (30 days after his arraignment) GD and Attorney Lewin appeared in Salem District Court. The case was called and Attorney Lewin told the Judge the Defense was prepared to go ahead with the Motion to Dismiss. The Assistant DA asked for a second call which the Judge granted. After reading Attorney Lewin’s Motion and the police reports the Assistant DA agreed to a dismissal of all the charges. GD and his family left the Court very happy.

A DiBenedetto Motion to Dismiss can be a very handy tool for a criminal lawyer to use. It can force the issues in a criminal case to a head very early on in the process.

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