Legal Question in Criminal Law in Massachusetts

Witness Liabilities

My daughter's fiancee was arrested with drugs (w/intent to distribute). The prosecution is calling my daughter as a witness, based on a document signed by her that has since had statements addded to it by the police - she swears she did not make those statements! Her fiancee's lawyer is recommending MARRIAGE(!) to keep her off the stand! He says if she refutes the statements on the stand she could be charged with something; if she agrees to them her fiance will go to prison,then deported by immigration (he is not a US citizen and they are expecting a baby soon). Should she marry him? Get her own lawyer? Tell the truth? (refuting the signed statment?)


Asked on 11/17/06, 8:08 am

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Witness Liabilities

Your concerns are genuine.

She should seek the advice of an attorney, and show that attorney the statements that are attributed to her. It is only then that a person can give you and her advice and discuss her options. This should be an attorney experienced with criminal defense.

You are welcome to contact me.

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Answered on 11/17/06, 9:55 am
George Davis Law Office of T. George Davis, Jr.

Re: Witness Liabilities

I agree with Attorney Lebensbaum. You don't provide enough detail in your narrative to allow me to properly evaluate everything that's going on here, but I do have some questions based on your comments, and one thing you should bear in mind is that the role and responsibility of the fiancee's lawyer is to protect the FIANCEE'S interest. At any point that the fiancee's interest and your daughter's interest collide, you should not expect the fiancee's attorney to be looking out for what's best for your daughter, or to advise her along those lines. Accordingly, it is important that your daughter have the benefit of her own skilled attorney to advise her and provide some needed perspective to this situation. Good luck.

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Answered on 11/17/06, 12:43 pm


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