A New Bedford district court judge allowed Massachusetts larceny charges to go forward in a case of an apparent damsel in distress who is accused of tricking people into giving her money by pretending to be in distress, according to the Southcoast Today news paper.
The defendant, Wendy Price-Baldassari's Massachusetts criminal defense lawyer filed a motion to dismiss the charges arguing that there was no probable cause for the magistrate to allow the charges to be brought to court. A motion to dismiss is a motion that can be raised prior to trial and seeks to have the charges dismissed based on a lack of probable cause. A motion to dismiss can encompass the entire criminal complaint or may target one or more charges in attempt to have them dismissed. When a judge reviews a motion to dismiss, the judge construes the complaint in the light most favorable to the Commonwealth to determine whether the magistrate properly found probable cause to issue the complaint. Probable cause is a low standard of proof that is much less than the standard of proof at a criminal trial, which requires proof beyond a reasonable doubt. The judge in Price-Baldassari's case denied the criminal defense lawyer's motion to dismiss, meaning that the case will proceed through the discovery and pretrial phase, and may require a trial for resolution.
Attorney DelSignore is a Massachusetts criminal defense lawyer, practicing throughout Southeastern, Massachusetts, including courts in New Bedford, Fall River, Attleboro and Taunton. Attorney DelSignore frequently appears in these courts and will arrange for an immediate and free consultation. Call now, 508-455-4755. Attorney DelSignore has offices located in New Bedford, Attleboro and Stoughton, Massachusetts.
