Legal Question in Criminal Law in Massachusetts

Writing a Letter of Support

My brother-in-law is being charged with assault and battery

and faces jail time for a first offense due to the

relentless of the plaintiff. He was fired when his newborn

son was one week old, and his wife had just quit working,he

punched his boss and has regretted it ever since. He had

worked for 8 years in the same company with glowing reviews

year after year. This decent hard working couple now has no

health insurance, and stands to lose their house. Can I

write a letter to the Judge or the Plaintiff to try to plea

with him to see reason or would I be making a huge


Asked on 10/04/02, 12:35 pm

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

Re: Writing a Letter of Support

You heart is kind, but your mind should be with his attorney. It is unusual for a first offender to be jailed for an A&B, but then again, I have no facts. There is always an accord & satisfaction as a means of resolving the problem.

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Answered on 10/04/02, 8:57 pm
Craig Bartolomei Law Office of Craig R. Bartolomei

Re: Writing a Letter of Support

I would suggest you speak with his attorney. Without knowing the facts, I will say it is rare for a person with no record to go to jail on a first offense, unless the damage done is very significant and even then it is not a certainty.

He could always ask for a disagreed tender of plea and see if the judge agrees with him and his attorney as to why he should be given a lighter sentence than the prosecution is looking for.

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Answered on 10/04/02, 9:50 pm


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