QUESTION

What sort of plea bargain should he expect for domestic abuse and cultivation of CDS 1?

Asked on Mar 13th, 2013 on Criminal Law - Massachusetts
More details to this question:
He was charged with domestic abuse and cultivation of CDS 1, marijuana. If this is his first offense, what should he expect? Would it make a difference if his sister. (The person he got in a fight with and was charged with domestic abuse) wished to drop the charges? Is it possible for these charges to be dropped to a simple possession? And would he need a private lawyer in order to get a reasonable plea bargain?
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3 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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He would need a lawyer to get a reasonable plea bargain. Depending on the facts of the charges, the best he could hope for is 3 yrs probation. As far as his sister wanting to drop charges is concerned, once a police report has been made, the allegations and charges are sent to the District Attorney to determine whether to file charges with the court. The decision to file charges, reduce charges, prosecute a case or dismiss a case is solely at the discretion of the District Attorney or Prosecuting Attorney. If the "victim", his sister, wishes to have the charges dropped or dismissed, she should talk with the D.A. However, the final decision will be up to the D.A.
Answered on Mar 14th, 2013 at 5:20 AM

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Michael J. Breczinski
There may be a chance to get the charges reduced but with out all the facts and details I can't advice any more.
Answered on Mar 14th, 2013 at 5:19 AM

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Even if his sister dropped the charges, the state may pursue the charge. The person charged with these offenses should consult a criminal defense attorney. Many times, a criminal defense attorney with positive relationships in the District Attorney's office can have these charges suspended or even dropped.
Answered on Mar 13th, 2013 at 3:33 PM

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