Legal Question in Criminal Law in Massachusetts

criminal harrassment

If a person can prove that another person lied in retaliation for an upcoming felony charge, causing said person to be arraigned due to show-cause hearing low threshold of proof, how can that person pursue criminal harrassment charges? This was done to get a cross-complaint, or at least that's what the Da told me AFTER THE FACT. They told me it ''happens all the time''. Sure wish they would have warned me. Person has had her daughter, 14, lie, said I aimed my car at her. Cops did NO INVESTIGATION. Said ''too serious, I don't want to be in the middle of this.'' Anyway, I have a video that proves I was not even in the town this allegedly happened in that day and can provide this with a video, caught on camera by local business. Is there anything I can do to this person for the cost of private investigators and lawyers I had to get, not to mention the threat to my livelihood as a nurse had I not been able to prove my alibi? Also, is it true that once a person has been arraigned that that person now has a record and it will show up on a CORI, even if dismissed?

Thank-you.


Asked on 3/19/07, 8:42 pm

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

Criminal harassment?

Your first paragraph is not example of criminal harassment. Filing a false report or getting a false report to issue can be a basis of a civil action for damages.

The CORI will show that a charge was issued against you, and will ultimately show the disposition.

There are ways to take action to seal or expunge the record after the end of the case.

I would assume that you have an attorney to represent you at the show cause hearing where you would have shown evidence that you could not have done what you were charged with.

I would also assume that you have an attorney to represent you in this matter.

In any case, if you have any questions, or need assistance, contact me.

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Answered on 3/19/07, 9:16 pm


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