Legal Question in Criminal Law in Massachusetts

charge against me

if the person went to the da and dropped the vandalisom charge against me when i go to court will it be dismissed?


Asked on 9/29/08, 7:13 am

3 Answers from Attorneys

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

Re: charge against me

A victim cannot drop a charge, only the DA can. It now depends on what the DA does. You may have another remedy if the DA refuses.

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Answered on 9/29/08, 4:08 pm
Joseph Murray Joseph M. Murray, Esq.

Re: charge against me

Not necessarily. The victim is merely a witness who may not refuse to testify unless some privilege such as husband/wife privilege gives them the right to do so. The Commonwealth alone has a right to decide whether to nolle pros the case or request it be dismissed.

You should retain an attorney and speak only with that attorney about this matter. Good Luck!

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Answered on 9/29/08, 5:00 pm
Gregory Casale Gregory Casale Attorney At Law

Re: charge against me

Not necessarily. Once criminal charges are filed, they are prosecuted by the Commonwealth, not the individual who made the original complaint. However, typically the only witness that the prosecution has available is the complaining witness and without their testimony, there would be insufficient evidence to succesfully prosecute the charge. Also, the ADA should certainly take into account the victim's position when deciding whether or not to go forward. The short answer is maybe and it depends on too many variables to provide a definative answer. However, it would certainly help!

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Answered on 9/29/08, 7:24 am


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