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
2 Answers from Attorneys
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.
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.