Legal Question in Criminal Law in Massachusetts
My sister was arrested and is facing four counts of domestic assault and battery; two with a dangerous. One was against her husband and the other against her 17 year old daughter which my sister claims was an accident when she swept the counter and hit her daughter in the leg with a cup. Conditions of her bail were no alcohol and a no abuse order. Her attorney wants to go for a continuance without finding. Does this mean that the orders of bail will also pertain to her probation?
1 Answer from Attorneys
If she pleads out, given the nature of the charges and that alcohol may have been involved, it is likely that her probation will include no abuse and alcohol free conditions. An issue to consider before taking a plea is whether the husband and/or the daughter are willing to testify against the defendant, and if they are not, whether the prosecution can prove the charges without their testimony.