Legal Question in Criminal Law in Massachusetts

Dismissal of a case for dissorderly conduct

MY HUSBAND AND I WERE ARRESTED FOR DISSORDERLY CONDUCT.wE WENT TO COURT AFTER SEVERAL APPEARANCES AND THE CASE WAS DISMISSED. WE PAID A FINE.WE LATER FOUND OUT THAT A WARRANT WAS ISSUED FOR OUR ARREST BECAUSE OF NON PAYMENT. WE PAID THE FINE ON TIME AND HAD RECIPTS TO SHOW IT AND TOOK IT TO COURT.THE JUDGE DISMIISED THE WARRANT BUT FOR SOME REASON THE DISTRICT ATTORNEY IN THE LAST FEW WEEKS WENT BEFORE A JUDGE TO REOPEN THE CASE.

I HAD FILED A COMPLAINT AGAINST THE POLICE OFFICER WITH THE POLICE DEPARTMENT AGAINST THE OFFICER RIGHT AFTER THE CASE WAS DISMISSED THE FIRST TIME. THE OFFICER HAD LIED OF WHAT TOOK PLACE AND I HAD GOTTEN HURT.THE POLICE OFFICER WAS VERY RUBE AND USED OBSENE LANGUAGE WITH ME. CAN A CASE BE OPENED BACK UP AFTER IT HAS BEEN CLOSED ?

thanks--name removed--


Asked on 12/08/04, 4:15 pm

3 Answers from Attorneys
James Hall Qua, Hall, Harvey & Walsh

Re: Dismissal of a case for dissorderly conduct

This answer depends upon knowing all the facts of the case. I really would need to review all police reports and docket entries before I could give you full advise; however, with that said, based on what you wrote, it could be reopened if the case was dismissed "without prejudice." If the case was continued without a finding, it could be reopened if more misconduct or a violation of probation occurred. Otherwise, they would need a new offense to charge you.

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Answered on 12/08/04, 5:46 pm
Martha Kovner Law Offices of Martha J. Kovner

Re: Dismissal of a case for dissorderly conduct

If it was dismissed upon payment of court costs, my understanding is that double jeopardy has attached and it can not be reopened. But that is a legal argument which has to be made. If it was dismissed without prejudice, DAs always think they can bring them back. Call me at 508-587-9111 if you want to discuss this further. Martha Kovner

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Answered on 12/08/04, 9:17 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Dismissal of a case for disorderly conduct

First, go to the Court where the action occurred, and order a copy of the tape for the date of the dismissal. Usually, these dismissals are with the assent of the DA, or they may have even been a plea sheet that the DA signed. To bring a case back is not as simple as the DA believes. There is case law on this issue, and you should contact a criminal defense attorney. The tapes are kept for a brief time period, so you need to order the tape asap.

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Answered on 12/08/04, 9:20 pm


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