Legal Question in Criminal Law in Massachusetts

accident charges

can a plaintiff demanding a judge to put the defendant to jail for 2 yrs or serve a 5 yrs probation because he was hit by the defendant in a car accident which was not intentional and there was no drug, alcohool or death charges brougth againts the defendant in court.the ins. company offers $50.000 to the plaintiff the refused all the want is for the defendant to go to jail.A court appointed lawyer for the defendant told her to accept a guilty plead and then take the defendant to the plaintiff's house without a judge order .this happened in Harwich MA ,where by the plaintiff is a white male and the defendant is black female immigrant don t understand english very well.


Asked on 8/22/06, 9:19 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: accident charges

First, the Plaintiff in a criminal case is the Commonwealth. The Commonwealth can ask for any legal disposition. The Defendant can provide any information and ask for any sentence that he or she wants. Each tries to convince the judge through argument and possibly other forms of information that the Judge impose the sentence requested. The Judge can elect a sentence that is greater or lesser than what is presented by each side. Now you seem to be confusing a civil action , given some of what you said. If you want to break down the situation, or contact me, then I can provide me with the necessary details, so that I can evaluate what is going on, and give you my thoughts.

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Answered on 8/22/06, 10:13 pm


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