Legal Question in Criminal Law in Massachusetts

Dropping Charges

I was unaware that charges can be brought by the state based on a request for restraining order related to a domestic violence incident even if the plantiff does not request to do so. I have vacated the restraining order but need to know how to proceed with dropping any charges that may be filed. Can I sign an affidavit? Do I need to retain an attorney? I do not want this to move forward.


Asked on 5/08/06, 6:08 pm

1 Answer from Attorneys
Martha Kovner Law Offices of Martha J. Kovner

Re: Dropping Charges

If the Commonwealth takes out the charges then they are the only one who can drop the charges. Your input obviously has some influence in the matter but it is really up to whether or not the Commonwealth can prove their case with or without your testimony. The charged individual definitely needs an attorney to represent his/her interests. If you have any privileges (spousal or fifth amendment to not incriminate yourself) the charged individual's attorney can raise those issues on your behalf and the court may give you an attorney to deal with those issues. Hope that this helps, please feel free to contact me further. Martha Kovner

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Answered on 5/08/06, 7:11 pm


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