Legal Question in Criminal Law in Massachusetts

probable cause hearing

Hi-I falsley accused my boyfriend of assault. From my statement to the police they later charged him with kidnapping.I told the ADA and victim advocate that at no time did he assault me or keep me against my will.Now there is a probable cause hearing scheduled for this week.I was suponea to attend.However they mailed the suponea to my old massachusetts residence I currently live in Georgia.They told me they have no funding to pay my airline ticket to return.my question is this.Will this case get dismissed if Iam not present at this hearing? I also forward a letter signed under the paines and penalties of perjury that I had lied.To the defendant.I have tried to get one to the ADA she has not returned my calls.I understand that I could be charged with filing a false police report.Is there anything else I can do to resolve this matter?

Thank You


Asked on 7/24/06, 12:56 pm

2 Answers from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: probable cause hearing

To protect yourself from the very real potential for being prosecuted for the serious crimes of filing a false police report and/or perjury, you should retain an attorney to represent yourself and you should not further communicate with the prosecutor or your boyfriend or his attorney about this matter except through your own attoney. While the District Attorney may not have the funds to bring you here as a potential witness, they or your boyfriend's attorney, may if the circumstances warrant it, find the funds to bring you back to prosecute you for the false report. You should never admit to the commission of a crime without first seeking the advice of a qualified attorney. Good Luck!

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Answered on 7/25/06, 12:34 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: probable cause hearing

This is a double edged sword. The ADA may say that you told the truth before, and now you are lying. I would suggest that you call your boyfriend's attorney, and tell him what you placed on this board. If I can be of any assistance, contact me by phone or email.

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Answered on 7/24/06, 1:11 pm


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