Massachusetts Domestic Violence Charges Still Sought Against Christy Mihos; Clerk-Magistrate Hearing Awaits

Massachusetts convenience store entrepreneur Christy Mihos’ life just keeps getting stranger by the day.

Mihos made millions developing his well-known Christy’s convenience stores on Cape Cod. After he was done with that, he decided he wanted to get into politics, launching more than one unsuccessful (and some would say embarrassing) bids for elective office, including governor. On top of that, Mihos was fined by the state for campaign law violations, which he only very recently fully paid. Now he faces accusations of Domestic Violence and Assault and Battery, following allegations by the Yarmouth Police Department revolving around an incident allegedly involving domestic assault in the couple’s West Yarmouth home last July 2011. As a result of a criminal Complaint filed by the Yarmouth police, a Massachusetts Clerk-Magistrate’s hearing will be held later this month in Barnstable District Court. A Clerk-Magistrate’s hearing is one method by which formal Massachusetts criminal charges can be brought against a person. To learn more about what a Massachusetts Clerk-Magistrate’s hearing is and what it consists of, click on the link in this sentence.

The accusations against Mihos by the Yarmouth police, however, aren’t the only such event to cloud Mihos’ life. They are preceded another incident of alleged domestic violence that was reported only a few weeks ago in February. In that incident, according to statements in a police report from the Martin County, Florida Sheriff’s Office, the Mihos’ were driving together on February 20th when an argument ensued over “pre-existing marital problems” that reportedly included Mihos’ alleged practice of hiring prostitutes and porn stars for sex. According to the report, Andrea Mihos told police that Mihos’s behavior turned “erratic and belligerent,” and that he allegedly made suggestions that she might “easily disappear,” or be possibly hurt or even killed. According to the report, Andrea Mihos told authorities that she attempted to record the conversation on her cell phone but that Christy Mihos husband twisted it out of her hand and then threw it at her, cutting her lip.

The next day, Mrs. Mihos returned to Massachusetts and reported the event to Yarmouth police Department, who then forwarded her statements to the Martin, County Sheriff’s Office for investigation. Mrs. Mihos has since reportedly refused to cooperate with Florida for authorities, so it does not appear any charges will be sought against Mihos in that state. However, Yarmouth Police official still want Mihos charged with either Massachusetts domestic violence charges, or Massachusetts assault and battery charges. Whether Andrea Mihos will appear or not to testify at the hearing, is still unclear. If she doesn’t, it may be more difficult for the Yarmouth police to prevail in their complaint.

As a Dedham, Massachusetts assault and battery lawyer, I know how complicated these cases can be. It is often very unclear who did what to whom in these incidents. To successfully defend against these cases, requires an experienced Massachusetts Clerk-Magistrate hearing lawyer. Despite reports of Mr. Mihos’ somewhat curious personality traits, it should be remembered that he is presumed innocent at this stage. Even if the clerk-magistrate hearing this matter decides that sufficient probable cause exists to issue the charges that are sought against him, Mr. Mihos will still legally be presumed innocent unless and until a guilty finding is entered against him by a District Court judge.

Marital and other relationship conflicts can be extremely complicated, often with one side either exaggerating or not telling the truth. At this stage, Mr. Mihos should be given the benefit of the doubt at this point.