Legal Question in Criminal Law in Massachusetts
Grand Jury question
If someone is charged with aggravated assault and battery (a felony charge)based solely on an accusation, with no physical evidence to substantiate the charge (and an accuser with a proven record of lying to the police), doesn't the accused have the right to have a grand jury hear the charge to see if there is any substance to it, before the DA can proceed to prosecute?
3 Answers from Attorneys
Re: Grand Jury question
It depends on which chapter and section of the Massachusetts General Laws that the person is charged under. The D.A.'s office may keep it in district court. There are two ways to get indicted 1. the grand jury and 2. a probable cause hearing in district court. The second RARELY happens. It depends on a variety of factors as to whether or not the D.A.'s office will put the matter before the Grand Jury. "Someone" needs a good criminal defense attorney.
Re: Grand Jury question
Don't count on a Grand Jury turning down the charge. You only get a Grand Jury if you are going to Superior Court, and the standard for a grand jury is : assuming the complaining party's version of events is true, is there enough evidence to let a jury make a decision at trial. In short, if I have one person who will say that they were assaulted by a ham sandwich, then the ham sandwich will be indicted.
: Grand Jury question
Most cases begin with accusations.
The ADA presents his facts to the GJ, and is not required to lay out both sides.
The GJ can question the witnesses.
Credibility can be address by the police during its investigation.
The Defendant once indicted can raise these issues.
For the defendant's sake, I hope that the person is being represented by competent defense counsel.
You should talk to no one, and certainly not post a detailed description on the internet.
The next person you should and must speak to is an attorney to analyze the case, and discuss your options.
If you seek further information or representation, you can call my office.
If you want to provide me with more essential information about the situation, or contact me, then I can provide me with the necessary details, so that I can evaluate what is going on, and give you my thoughts.
If you would like to consult with me, call me at my office.