Legal Question in Criminal Law in Massachusetts

My husband was arrested Friday night after B&E and destruction of property at our home (he has not lived here in over a month). He is on probation as of Nov 2010 for 18 months for violation of a restraining order -Twice. The bail was set at $2000, and the police said that he will likely serve the 5 years for the first crime and added time for this crime because he violated probation. How can I help? Can I drop charges from Friday night and try to get him into a treatment facility (drugs, drinking and depression)? I know I will need a lawyer but until I hire one for him can I ask for bail to be less and to drop charges. I guess the question is there a chance he won't have to serve years in jail?


Asked on 2/20/11, 2:55 pm

3 Answers from Attorneys

Paul Lancia Attorney Paul Lancia

Post bail and then hire a lawyer.

Read more
Answered on 2/20/11, 4:02 pm
Christopher B. Coughlin Coughlin Law Group, PC

If you truly wish to keep your husband from spending significant time in jail, when the DA asks what you'd like to see happen you should emphasize treatment over jail. That being said, to insure that you are able to obtain the outcome you desire you (actually your husband) would benefit greatly from hiring an experienced criminal defense attorney.

While the DA ultimately decides whether to prosecute or drop the charges, if you are still legally married you hold a great deal of power over the path his case may take. The DA will likely attempt to pursue the charges and, because of his prior record, seek incarceration. But as a legally married spouse the DA will be more inclined to adopt your suggestions because you have the power (through the use of the martial privilege - which allows you to elect to not testify against your husband) to influence the DA's ability to prosecute your husband.

So to answer your question, with a decent lawyer there is a very good chance that your husband will be able to get the help he may need and avoid a jail sentence altogether.

Read more
Answered on 2/20/11, 7:10 pm
ERNEST BIANDO LAW OFFICE OF ERNEST T. BIANDO, LLC

Your husband needs a experienced attorney-my office has represented clients all over the state. An experienced attorney can deal with the district attorney and try to work the matter out si that he does not serve time. Contact the office as I would need to know more about the case before I can advise you on the situtation. 774-745-0562.

Read more
Answered on 2/21/11, 6:42 am


Related Questions & Answers

More Criminal Law questions and answers in Massachusetts