Legal Question in Criminal Law in Massachusetts

I have two situations-

1. I dismissed a Assault & Battery imprending charge to a defendent for exchange of legal costs to persue. Now defendent does not want to pay. Can I reopen the case?

2. A defendent forged and stole check from mailbox within her apartment and unaware of the situation at the time, I deposited the check into my checking account. The bank has since realized forgery inappropriate deposit and have bee debited this amount to my account. How can I persue the actuale theif and forgery?


Asked on 4/16/10, 5:38 pm

1 Answer from Attorneys
Dominic Pang The Law Office of Dominic L. Pang

1. It sounds like there was an accord and satisfaction in this scenario. If the defendant fails to keep up his end of the bargain, you can inform the district attorney's office of this and they can refile the criminal charges against the defendant.

2. As for this situation, report this crime to the police and they should take out an application for criminal complaint against the person who passed the stolen and forged check. It sounds like this other person committed the crimes of larceny (maybe felony larceny if amount of over $250), forgery and uttering, plus the crime of stealing the checks itself from the original owner.

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Answered on 4/26/10, 7:36 pm


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