Clayman Rosenberg Kirshner & Linder LLP partner Effie Blassberger and associate Eliel Talo secured the dismissal of all charges against a client before he was arrested.

Their client, a young man embroiled in a contentious commercial dispute, faced allegations that he had harassed the opposing party during a mental health episode. A warrant had been issued for his arrest.

Before the warrant was executed, Blassberger and Talo moved to dismiss on several grounds. They argued that the complainant was using the criminal process as leverage in the civil dispute, and they asked the Court to weigh the full context of the allegations, including their client’s mental health.

The motion included a request for dismissal in the interest of justice, known in New York as a Clayton motion. A court may grant that relief when compelling circumstances show that prosecution would result in injustice. Blassberger and Talo asked the Court to look beyond the allegations to the person facing them, the circumstances surrounding the case and whether continued prosecution would serve any useful purpose.

The Court granted dismissal in the interest of justice, ending the case. Their client avoided arrest and further prosecution and can move forward without a pending criminal case.