Legal Question in Criminal Law in Massachusetts

5th Amendment Question
I was charged with aggravated assault and battery, the charge was dismissed. At court I signed what I believed to be a standard dismissal form where blocks were checked (for example, the first block states that the alleged victim is aware that the state cannot prosecute without his/her testimony). There was a handwritten comment by my accusers lawyer on the bottom of this form, with my accusers signature, saying my accuser has decided to invoke the 5th Amendment Right, and will refuse to testify/answer any questions regarding the charges brought against me. Again, this statement was handwritten. By my accuser making this statement, can I conclude that my accuser was concerned about having charges filed against them based on what they would have to testify under oath in court? Why would they invoke the 5th Amendment if they were the victim? Would the fact that I had proof the charge was false been a factor in taking the 5th?

Asked on 1/19/08, 12:34 pm

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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: 5th Amendment Question

You cannot or should not conclude anything. You are engaging in age-old speculation.

I am not even sure why you are asking the question.

Answered on 1/21/08, 9:09 pm

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