Legal Question in Criminal Law in Massachusetts
Plea Agreement
My neighbor broke into my house. He was charged with felony b&e night time and sexual assault and battery. I had a pretrial hearing and was told basically I should allow him to plead down to misdeameanor b & e in the night time and misdemeanor assault and battery. The DA suggested I do this and made a statement about preserving his record as he has no prior record in the US, has only been here 10 years The DA also stated he is really not a danger, this neighbor has been harrasing me for years I never felt threatened just annoyed and irritated but never threatened until that night. I was told before the hearing he was diagnosed with bi polar disorder so I agreed with the assistant DA when he called me on the phone later in the day. I was asked to go back in a few days before the judge to agree with this plea agreement which I don't want to do now. The DA says he signed the green papers and they are just waiting for me to appear again. Don't I have the right to change my mind?
1 Answer from Attorneys
Re: Plea Agreement
You can change your mind, but it is still going to be up to the judge. I would also point out that it is probably being broken down so that the defendant can avoid deportation. Lastly, whatever he pleads to, you will have a great case to sue him. If you have any questions, please let me know. Good luck.
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