Massachusetts Criminal Defense Legal Questions

Victims of criminal cases in Massachusetts, particularly domestic violence cases, do not have the power to dismiss or drop cases, only district attorney has the authority to dismiss or drop a case. Each county in Massachusetts is represented by a different district attorney. Each district attorney has a different protocol with regard to domestic violence cases. In some counties the district attorney will never force a victim to testify in a case. In other counties the victims are forced to testify. If the victim does not want to testify and so notifies the district attorney in those counties where the district attorney will not force a victim to testify, the district attorney will acknowledge that the case has to be dismissed as they have no evidence to present to the court. In those counties were the district attorney forces the victim to testify, the victim either must testify or assert some right or privilege to avoid testimony. There are two primary rights that are often asserted in these types of domestic violence cases. One is the right against self-incrimination, the Fifth Amendment right. If the victim is concerned that he or she could be charged with a crime because of his or her testimony, the victim can assert his or her Fifth Amendment right to remain silent. The district attorney cannot force the victim to testify if the court accepts the victim's Fifth Amendment right to remain silent. If the victim is married to the defendant in the domestic violence case, the victim can assert his or her marital privilege, that is, the privilege not to testify against your spouse. The district attorney cannot override this privilege. In the ideal situation, if the victim intends to assert either the Fifth Amendment right to remain silent or the marital privilege, the victim should have independent representation by an attorney. The victim then has a voice in the court room asserting his or her position in the case.... Read More

A clerk magistrate hearing or "show cause" hearing occurs before a criminal complaint is actually issued. The purpose is to determine whether probable cause exists to believe that a misdemeanor crime was committed, whether there is probable cause to believe that the alleged suspect committed it, and if so, whether a criminal complaint should issue. The show cause hearing provides you with an opportunity to address the matter and potentially avoid a criminal case before it starts. It is highly advisable to have a lawyer attend the hearing and present your case on your behalf. Nothing you say in a show cause hearing is privileged and what you say may be used against you in a subsequent criminal case. Probable cause is a relatively low level of evidence. It is not necessary for the police or complainant to present anything near the level of evidence required to support a conviction. It is enough if there is "reasonably trustworthy information sufficient to warrant a prudent person in believing that a crime has been committed and that the accused is the perpetrator." Often times, criminal charges can be avoided by presenting a compelling case at the show cause hearing. Having an experienced criminal defense attorney advocating for you at the hearing will you give you the best opportunity to present such a case. In addition, you will avoid speaking at the hearing and potentially saying something that could be useful to the prosecution in a subsequent criminal prosecution.... Read More

When you say you were charged, it is not clear what stage your case is in. Were you arrested or did you receive a summons in the mail to appear at a show cause hearing? Did you go to court for an arraignment? Regardless, the first thing you should do is hire an attorney. If you cannot afford a lawyer and your income is low enough, you may qualify for an appointed counsel. If so, counsel will be appointed at arraignment. Simple assault and battery (G.L. chapter 265, sec 13A(a)) is a misdemeanor in Massachusetts. The maximum punishment is imprisonment for not more than 2 1/2 years in a house of correction or by a fine of not more than $1,000. That said, depending on the specific facts of your case, if this is your first offense, there are no injuries involved, and no weapons were used, you should not expect to serve any jail time. You will likely get a disposition that will include probation and eventual dismissal of the case if probation is completed successfully. Your attorney, however, after analyzing the evidence and discussing the case with a prosecutor, will be in a much better position to advise you on likely outcomes.... Read More

There is no way to move a state criminal case to another state. In some states, you may be able to can waive appearance and have an attorney can appear on your behalf for non-jailable minor offenses, but this vary's from state to state. Since this is a Florida case, you should consult with a Florida attorney.... Read More

If this involves a criminal matter then the District Attorney's office should oppose this motion to prevent access to your medical records if they are irrelevant to an Assault & battery matter where you are the victim. Feel free to call me to discuss what your rights are. John N. Tramontozzi, Esq. 781-662-0900... Read More

Possession of 1 ounce or less of marijuana by a person 18 or over in Massachusetts is no longer a crime, provided that there is no intent to distribute the marijuana. That said, it is still considered a civil infraction subjecting the responsible party to civil fine of $100. So, if you were pulled over in Massachusetts, you could not be charged with a crime for merely possessing a roach. I assume, however, that because you say you were "on your way back" to Massachusetts, you were pulled over in another state.... Read More

Unfortunately, the underlying information will probably come to light. That is the whole reason why blackmailers do what they do. At some point you have to weigh the consequences of what you are hiding against the cost of hiding it. Sooner or later it will probably come to light anyways, why give someone money in the meantime. Speak privately to a lawyer. Hire the lawyer to advise and represent you ont he underlying crime. Then let the lawyer bring forward the issue and the blackmail. Speak to a lawyer privately. Without knowing the underlying secrets it is impossible to advise you. And you DO NOT want to post that type of information on a question and answer site like this.... Read More

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal law attorney immediately for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options. Under no circumstances should you talk to the police or anyone else without your attorney present.... Read More