Legal Question in Criminal Law in Massachusetts

Re: Assault & Battery Charge

Your wife can refuse to testify.

The police saw nothing. They cannot testify that you did anything to her.

The DV law is the most unconstitutional law going. The POLICY from the DEPT of JUSTICE through the VAWA law demands that police arrest in accordance with the ARREST-PREFERRED policy. States, cities, towns, district attorneys' offices, police departments, courts, shelters for women (NOT men), etc., get millions of $$$$ in annual grants. A few years ago, Massachusetts received $149,000.000. You and other men are merely statistics gathered for money.

The DV law (Mass. General Law. chapter 209A) is devoid of due process, a constitutional right that all of us have. Arrests classically and traditionally are to be made when a crime has been committed, or is being committed, or is about to be committed. Arrests are not to be made because there is an arrest-preferred policy, which is the basis of the DV law, chap. 209A -- and at the core of the beliefs of the radical feminists.

After your wife refuses to testify, get the record sealed.

By the way, the cops understand the law is horrible. They do not like it. It takes away their discretion, but they have no choice IF IF IF

they are to follow their dept policy.

Best of luck,

Barbara

Re: Assault & Battery Charge

The short answer is "Yes."

You are best served by defending the charges because Domestic Violence is a serious offense. Currently the law will prevent you from possession of a firearm, in the future it may be used to prevent the exercise of other rights (based on the retroactivity of the current Federal statutes). A conviction of Domestic Violence can also have other negative results.

Charles Yow

[email protected]

Re: Assault & Battery Charge

This charge is already on your record. The minute you are arraigned in court on a charge it appears on your record. What you need to do now is get the best possible disposition and the way to do that is with a good criminal defense attorney. There are many options other than a conviction and a good attorney knows them all and how to get them. If you would like to discuss this further, please contact me at [email protected]. Hope that this helps--Martha Kovner

Re: Assault & Battery Charge

Your record will reflect the arraignment at this point. If you are successful in resolving the case with a dismissal or a not guilty finding, you will be eligible to ask the court to seal your record in the future.

Get a good lawyer with lots of experience in this area.

Dan Gindes

Re: Assault & Battery Charge

The charge is already on your record. You need to invest in an attorney to ensure that you get the best possible result. An experienced attorney will know how to handle this properly. Please feel free to email me at [email protected] if you have further questions.

Re: Assault & Battery Charge

Retain a good criminal defense attorney to get you the best disposition possible to clear your record. Good Luck!