Legal Question in Criminal Law in Massachusetts

About 5 yrs ago me and my dad got into a fight after a night of drinking. He hit me first and I started swinging back. I wound up getting charged with assault and battery. The statment he gave was not accurate. And he wanted the charges dropped. 5 yrs later i get pulled over and held without right to bail for 4 days till they transported me to the court. I was told I did not qualify for a public defender. I can not afford an attorney on my own I barley survive paycheck to paycheck. now I myself have to meet with the DA. I have the other 3 people that were there to testify on my behalf. Nobody signed statements that night. And my father wants to write A letter to the DA stating He does not want to pursue it. He has said he will not return the DA's phone calls and will not testify. I am close to losing my job if I don't have this resolved at my next apperance. Any advice on What I should present to The DA when I meet with him before the court date would be greatly appreciated.


Asked on 10/16/11, 9:39 am

2 Answer from Attorneys
Dominic Pang The Law Office of Dominic L. Pang

You may be able to convince a court to accept an accord and satisfaction to have the case dismissed on the next court date. Many DAs offices have a policy of not dismissing a domestic violence case prior to the trial date, even when the victim will not testify. With a case this old, the fact that your dad will not testify and assuming there has been no trouble in the last five years, a court may accept an accord and satisfaction.

Good luck,

Dominic Pang 617-538-1127

Read more
Answered on 10/16/11, 10:22 am


Related Questions & Answers

More Criminal Law questions and answers in Massachusetts