Legal Question in Criminal Law in Massachusetts

A&B Superior Court

My son and 4 other former inmates of his have been indicted for A&B because of a fight that occured while he was in jail over 18 mths ago.

The Commonwealth decided not to go forward with prosecuting the others because they are serving long sentances already. My son was notified and appeared in court on both days he was required to. He just had his pretrial and the prosecuter wants him to plead guilty and take probation. Unclear of how much time and if it will be add'l after he serves out the probation he is currently supervised on. We think that since the other 4 get to walk away from this - especially the one who inflicted the most harm - why can't my son? If he chooses trial what can he expect? My son does not want another A&B charge as he already picked one up for the crime he was convicted of. My son has a Public Defender. My guess is that he is capable of defending my son in court but so far I am not impressed and feel there are other option's. It's like his lawyer can't be bothered and this is a serious offense to have on your record and he doesn't need two of them. Any ideas on how to proceed going forward for his next appearance? Thanks


Asked on 10/09/08, 9:14 pm

3 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: A&B Superior Court

This is a complicated and serious situation for your family.

If you would like me to review the report, and the situation, call me on Friday after 10 a.m.

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Answered on 10/10/08, 12:38 am
Dmitry Lev The Lev Law Firm

Re: A&B Superior Court

The prosecutor always wants the Defendant to plead guilty. If the case has no "technical" defects which may warrant a dismissal, the two options are to plea or to go to trial. The decision must be your son's, with the advice of counsel. Each case is extremely fact-specific and you have not given nearly enough information to be able to fully assess it. A lot also depends on your son's record, availability of witnesses, severity of crime, etc. A simple A&B wouldn't usually get indicted. Is this aggravated, or "with dangerous weapon," or indecent? What's the actual charge?

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Answered on 10/10/08, 8:40 am
Gregory Casale Gregory Casale Attorney At Law

Re: A&B Superior Court

Court appointed attorneys, like all attorneys, come with varying degrees of ability and committment. Unfortunately, you do not get to select your court appointed attorney. If you are unsatisfied talk to him/her. If still unsatisfied, either hire a private attorney of your choice, or ask for a different court appointed attorney. However, again, you do not get to select who is appointed to you. Regarding the A&B, I would have to get more detailed information to assess his options, such as how it occurred, what his previous record looks like, who hit whom first, etc. If you would like to discuss it further, you can contact me through my website (www.lawworcester.com) or through the telephone number on the web site or by e-mail. I would be happy to speak with you if you are interested in hiring a private attorney, that YOU choose.

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Answered on 10/10/08, 8:28 pm


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