Legal Question in Criminal Law in Massachusetts

The ADA lied at my Revise and Revoke Hearing

I had a r&r hearing to have my probation termed lessened. The ADA said several times that I was a Drug and alcohol user saying even a rampant drug and alcohol user. I have never been accused arrested or charged with any drug offense, I am a rcovering alcoholic. Yet she continued to say my rampant drug AND alcohol abuse so she was not referring to alcohol as a drug . Subsequently instead of knocking 21 months off of my probation the Judge knocked of 12. Can I sue for Lible? If so would it be her personally or the City?


Asked on 6/11/07, 5:12 pm

3 Answers from Attorneys
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: The ADA lied at my Revise and Revoke Hearing

No.

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Answered on 6/11/07, 5:16 pm

Re: The ADA lied at my Revise and Revoke Hearing

Unfortunately, Assistant District Attorneys are generally immune from being sued, even if their statements made in open court are false. You can, however, make a complaint to the Board of Bar Overseers (see the BBO website) if you believe they have violated their duty of Candor before a tribunal.

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Answered on 6/11/07, 5:24 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: The ADA lied at my Revise and Revoke Hearing

You can complain to her boss.

You can complaint to the BBO.

I hope that you were represented by an attorney who was able to rebut the statements, and show the court that the DA's assertions lacked merit and support.

If you have questions or need assistance, contact me.

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Answered on 6/11/07, 5:48 pm


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