Legal Question in Criminal Law in Massachusetts

: 209A violation

The statute requires that the prosecutor prove several elements. Each must be proven in order to be found guilty.

As Craig said, you would be a fool not to be represented by an experienced criminal defense attorney.

Should you have any questions, or need assistance, contact me.

Re: 209A violation

It's going to come down to a credibility match between your accuser and yourself (if you testify). Your attorney should try to discredit the accuser by raising issues of bias, credibility, trustworthiness, etc. The case could be argued on facts (ie that the facts are wrong) or on reasonable doubt (ie that the story just does not add up doubt free).

I publish a blog specifically about 209A defense. You may be interested in it, take a look at www.levlaw.net and good luck!

Re: 209A violation

That you violated the restraining order by being physically w/in 150 yards of the victim. So, the DA must prove all of those facts beyond a reasonable doubt.

Depending on the circumstances, a good lawyer could probably mount some defense, such as challenging the distance measurement (and argue you were not w/in 150 yards of her), that it was not you b/c the only witness could not tell for certain it was you in the car she saw (did she see the license plate clearly enough to determine? Or see your face clearly? Could she even see AT ALL from the vantage point of where she claimed she was when she saw you? etc.) Depending on the circumstances, you may have other defenses as well.

You should hire a lawyer and take your best shot at beating this; the stakes are too high to put yourself at risk of losing, without maximizing your chances of a better result.

Contact me if you need help.