Legal Question in Criminal Law in Massachusetts

what is going on??

I recieved a summons in the mail ordering me to court claiming I violated a restraining order by phoning my accuser. When I was served the restraining order, a good friend of mine who had been through all this gave me advice...move, transfer my job to a different city, buy all new ''better'' stuff, cancel service of phone, computer, etc...all good advice that I followed. I went into court, and was told that I called my accuser on the phone that I had canceled the service on. I brought documentation to court showing the phone was put out of service about a month and a half before the accusation. In court, I was stilled charged with a violation, my accuser claiming I phoned her on the phone that was out of service. I brought in all the documentation from the phone company showing the phone was put out of service...what else do they want?


Asked on 7/20/08, 5:12 am

3 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: what is going on??

I agree with George.

If you have been arraigned, there may be grounds to remand this to a clerk's hearing. If you have been arraigned, this type of situation requires that you get a criminal defense attorney. Such allegations go on your record and can hinder you in the future. The risks of doing this alone are not worth it.

If you need assistance or have questions, contact me.

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Answered on 7/20/08, 9:11 pm
George Davis Law Office of T. George Davis, Jr.

Re: what is going on??

While it seems like you have a good defense to the allegation, it's hard to ascertain from your narrative what happened in court that day. Rather than try to resolve this by means of bulletin board postings, I suggest that you consult directly with a criminal defense attorney in your area to help resolve this for you.

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Answered on 7/20/08, 2:53 pm
Dmitry Lev The Lev Law Firm

Re: what is going on??

People often think that bringing a piece of paper and showing it to (whomever) in court will get the case dropped. Well, the (whomever) in court is not the jury and can't single-handedly drop your case. There is a complex procedure in place that must be followed where several options may be available to resolve this case in your favor, but the procedure must be followed nonetheless even if you are as innocent as day. Just as an example, what's to say that the documentation that you brought to court is real and not fake? A phone bill can easily be counterfeited. For that evidence to be admissible, it must be authenticated, and that's not done at the Clerk's counter. To charge someone with a crime, all that's needed is "probable cause" -- a belief that something possibly may have happened. It is a very low standard and it sets into motion that complex procedure that I referred to above. Be careful on how you proceed. A large part of my practice is dedicated to restraining order matters. Look at www.levlaw.net or call my office for a free consultation.

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Answered on 7/21/08, 7:19 pm


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