Legal Question in Criminal Law in Massachusetts

my boyfriend slapped me and i got mad and got him arrested.

my boyfriend slapped me and i got mad and got him arrested. i want to retract my statement. could i get into trouble if i say he didnt slap me? or is there a way i could get around him even having to go to court. for example, could i get the charges dropped?


Asked on 12/17/06, 5:48 pm

3 Answers from Attorneys

Martha Kovner Law Offices of Martha J. Kovner

Re: my boyfriend slapped me and i got mad and got him arrested.

You and your boyfriend should talk to a lawyer about how to handle the case so that the charges might get dismissed. Once you call the police and the charges are taken out it is now up to District Attorney's office as to how to proceed. Just because you do not wish to proceed does not mean that they will go away. There are many factors involved to get a case dismissed. Please contact me further if you would like to discuss the matter with me. Martha Kovner

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Answered on 12/17/06, 8:39 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: my boyfriend slapped me and i got mad and got him arrested.

There are ways to deal with this issue. An experienced criminal defense attorney can discuss the events, review the complaint and provide you with options.

If you got your boyfriend arrested, it is likely that he is going to be arraigned or will be arraigned. Instead of speaking to the DA or the victim witness people, both of which I believe may be an error in strategy, deal with the criminal defense attorney.

You CANNOT drop the charges. The charges once filed and once arraigned, are controlled by the state.

If you want to consult with me, call me and I will be glad to discuss this with you.

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Answered on 12/17/06, 9:13 pm
Dmitry Lev The Lev Law Firm

Re: my boyfriend slapped me and i got mad and got him arrested.

First you must understand that even the DA can't "drop the charges." The DA can ask the court that the case be dismissed, and you or your attorney can ask the DA to do so by explaining to them that you may not wish for the matter to go this far. Generally, and especially in domestic assault cases, the DA will give some weight to the wishes of the "victim," which in this case is you. No one will tell you to lie to the police: if you were slapped, then you were slapped. If you recant on your statement you may be charged with filing a false police report. Good luck.

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Answered on 12/18/06, 5:10 pm


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