Legal Question in Criminal Law in Massachusetts

a letter to a judge and district attorney

A judge dismissed felony charges against me, I had been charged with felony domestic assault and battery. I had proof my accuser lied about the charge, so I knew the charge was going to be dismissed. When the judge dropped the charge, he lectured me as if I were guilty, and the DA was yelling ''I strongly object to your dismssing the charge.'' After the dismissal I wrote a letter to both judge and DA telling them they could take thier lecture and their false charge and stuff them up thier ass, they knew the charge was a lie, and they should have charged my accuser with filing a false charge and making a false police report. In the letter I also included documentation that proved the accusation against me was a lie. The letter accused both of them of railroading me (and they did), but non-threatening, and prefaced by saying as an American citizen I had a right to write to a public official to call attention to something that may be wrong and within thier power to correct. Certainly railroading someone with a false charge falls into that category. I know they can't re-charge me, so would there be any repercussions with my letter? Everything I wrote was the truth, disrespectful maybe, but the truth.


Asked on 6/08/08, 5:09 pm

2 Answers from Attorneys

Re: a letter to a judge and district attorney

The Judge and the Prosecutor will certainly remember you.

Read more
Answered on 6/08/08, 6:00 pm
Dmitry Lev The Lev Law Firm

Re: a letter to a judge and district attorney

Actually they most likely CAN re-charge you as nearly all dismissals are "without prejudice." It is up to the prosecutor's office to re-charge, the judge has nothing to do with that -- this would violate the separation of powers doctrine. Also, the judge dismissing the charge likely had nothing to do with any falsity of the accusations -- again, that's the job for a jury at a trial. The judge may dismiss a charge pre-trial for a narrow number of reasons, most of which are procedural and have little to do with the actual allegations.

If your letter did not contain threats or something that may constitute a crime in and of itself, it will likely be ignored, though as Attorney Weicker said, you likely didn't make any friends with that letter.

Regards.

Read more
Answered on 6/10/08, 12:39 am


Related Questions & Answers

More Criminal Law questions and answers in Massachusetts