Legal Question in Criminal Law in Massachusetts
file a complaint
I wish to file a complaint against an ADA. I was accused of violating a restraining order (specifically I was accused of making a phone call to my accuser). I took to court documentation showing the phone service was terminated BEFORE I was served the restraining order. This made no difference to the fanatical ADA, and she began to argue that it made no difference whether or not I had made the call, and said that ''I must be a dangerous person because I served in the military in a war zone''. This crosses the line. Is there an address to file a complaint against an ADA? (I have NOT sent a complaint to her boss, the DA. I want an outside authority.)
4 Answers from Attorneys
Re: file a complaint
Unless the ADA committed a crime, and what you have described does not come close, you have virtually no recourse. Lawyers acting in good faith are immune to liability for things they say and actions they take in furtherance of the judicial process.
You have simply misinterpreted and personalized what the ADA said about you in her theory of the case. Obviously you disagree with her interpretation and representations, but that does not mean what she said is actionable by you. Every case presents vastly different versions of the same evnts. Your case is nothing new. My suggestion is to forget the matter and put it behind you.
Re: file a complaint
First things first: it is technically possible to violate a restraining order before it is served as long as you were AWARE of its existence. Second, unless you work for the phone company, or unless you reconciled with your accuser, how could you have documentation that her phone number was terminated? Third, "taking to court" any documentation regarding phone service is not bound to accomplish much. If it is in fact exculpatory evidence, it should be communicated to your attorney so that the attorney can make sure that it is properly introduced at trial, properly authenticated, and properly admissible. You don't just bring stuff in on your hearing date and win the case. In most counties, ADA's are required to take a case through to a trial date and are instructed not to to dismiss it or to resolve by a means other than a plea prior to trial.
What court has this case, and where is the case in the process? Do you have a trial date set?
: file a complaint
I think you posted something related to this before.
Your choices given this information is to speak to her supervisor, to speak to the county DA.
If you really feel aggrieved, and I am not sure it will work, contact the Mass. Board of Professional Conduct.
: file a complaint
p.s. I think Craig may be jumping to a conclusion that you misinterpreted the opinion. You may or you may not.
Your first matter is to clear up the criminal complaint. That should be your focus.
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