It is alleged that a Michael Costello, of Hyde Park, had been the subject of a restraining order taken out against him by a Boston Police Officer. According to the Suffolk County District Attorney’s Office, Costello allegedly told another officer that he planned to kill the officer who had taken out the restraining order in Quincy District Court.
Following his arraignment, Michael Costello was held on $1,000 police, but was held without bail after his Quincy bail was revoked.
The Massachusetts Crime of Violation of a Restraining Order is a felony which is punishable by up to 2.5 years in the House of Corrections. In order to be convicted of this crime, the prosecutor would have to prove, beyond a reasonable doubt, that:
- A court has issued an order prohibiting the defendant from abusing or contacting the person;
- The order was in effect on the date when the alleged violation occurred;
- The defendant had notice of the terms of the order then in effect; and
- That the defendant violated that order.
In cases such as these, where the alleged threat was communicated to a third party, the government will have the additional task of proving that the defendant intended the alleged threat to be communicated to the victim.
Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation for all Massachusetts Misdemeanor and Felony Crimes, including Violation of Abuse Prevention Order; Threat to Commit a Crime; and Intimidation of a Witness.
To schedule a Free Consultation, Click Here to Contact a Boston Criminal Lawyer or call 617-325-9500.