Legal Question in Criminal Law in Massachusetts
Not homework,real case scenerio
In this scenerio, the accused is stated to have committed attempted murder,home invasion with weapon,larceny,etc. the story goes that the accused broke into the home with force, stabbed the victim, stole his property and then intimidated the victim with threats ,to not tell or be killed. The victim calls the police from a residence he drove to in his car and the police file charges. The accused side of the story is he was at the victims house ,got in a fight and was struck with glass bottle to the head. Stabbed the victim in defense then left, the clinch is he did go back to the victims house and retreve a very expensive gold chain he lost in the fight. The victim is put in witness protection. The evidence is pictures of scene, friend stating he thought accused had been in a fight, police tape of victims statement, that was lost,the police statement. Which referred to the accused as a punk. The accused is told by DA take a plea or we go after family and friends for intimidating a witness based on phone conversations recorded from jail, which may be intimadiating taken at face value, not poeple venting. Accussed will take sentence to protect family and friends. What is your persective? Do you forsee appeals
1 Answer from Attorneys
Re: Not homework,real case scenerio
Sounds like the accused was pretty damned stupid to make phone calls from prison and give statements that are self-incriminating... depending on the statements, he may have even forfeited his right to confront and cross examine the witnesses against him (if they are the ones being intimidated). Appeals comefrom court decisions, not from Guilty Pleas, so I do not foresee any appeal if theaccused pleads guilty (okay... no successful appeals, since there will not be a decision to appeal other than (possibly) the sentence). If statements are made by family and friends, then accused has to decide whether he will go jail for them.