Legal Question in Criminal Law in Massachusetts

My friend and I were walking a few months ago when a black 4 door sudan drove by. My friend felt something hit her hand and we had heard was sounded like a pellet gun go off, however because the car was traveling the same direction as us it was hard to make out who was in the car. The car drove around the second time traveling in the same direction and shot again, this time we saw someone laughing in the car and were able to get the license plate number. We flagged down a cop who then looked up the car and called him to the police station. The kids car was searched but no pellet gun was found, only one pellet in the back seat. We went to court today and the kid denies shooting us though he admits to being in the area, after he had told the officer he was not at the police station in the police report. We know it was this car, though we have no evidence to prove it was he who shot at us. He was charged with assault and battery with a dangerous weapon which is a fellony. We are going before a judge because we think this is a very serious sitution but we are afraid that without concrete evidence that it was he or the passenger that he will not be charged with anything? Should we drop the charges because of lack of evidence? Is it pointless to go before a judge?


Asked on 9/23/09, 11:28 am

1 Answer from Attorneys

ERNEST BIANDO LAW OFFICE OF ERNEST T. BIANDO, LLC

Present what you have for evidence and let the judge determine if the charges should go forward.

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Answered on 9/29/09, 12:21 pm


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