Additional Information:

I am 18 years old and was involved in a fight with a former friend who is 17.  Now we’re both charged with assault but neither one of us wants to press charges. So, can we just tell the Auburn police that we don’t want to press charges so the case goes away? We don’t get along any more (duh) but neither one of us wants to press charges.

ATTORNEY ANSWER:

Since you have cross claims of assault and battery against the other, you, your former friend and both your attorneys may tell the assistant district attorneys handling the cases of your wishes not to proceed against the other. An agreement to dismiss the charges against both you and your former friend should result. The only problem that could occur is if the District Attorney’s Office has an independent witness or witnesses that saw the fight. In such a case, the D.A.’s Office could utilize them to testify against both of you if they chose to proceed with prosecuting the charges. This scenario is unlikely if neither you nor your friend have a significant past history of criminal charges. [Read more...]

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A couple of months ago I plead no contest to an assault charge and was placed on probation by the judge. Then last week I was involved in a fight at a bar in Shrewsbury, MA that wasn’t my fault at all and now I’m charged with another assault case. If I get a lawyer and he gets me off on the second assault charge what will happen with my probation?

ATTORNEY ANSWER:

A hearing on whether you violated your probation will automatically be set because you simply had a new charge brought against you while you are on probation. This violates the conditions of your probation. It doesn’t matter if the charge has merit or not. However, if a lawyer can convince your probation officer to continue the hearing until after you are found not guilty or the charges are dismissed, you may not be found in violation of your probation if your probation officer withdraws the violation as a result. If you have a good relationship with your probation officer this would help. Otherwise, you will be required to move forward with the violation of probation hearing and you would have to convince the judge that you were not criminally responsible for the fight (i.e. you were attacked and you had no choice but to defend yourself or you were misidentified as being involved etc.). It would be a similar defense to the assault charge. However, the standard of proof for a violation of probation hearing is a lesser standard than for a criminal charge. In a criminal proceeding for an offense, the government must prove guilt beyond a reasonable doubt, a difficult standard to meet. Alternatively, in proceedings involving a violation of probation, the government only has to show that you are guilty based on the preponderance of the evidence or that it is more likely than not that you violated your probation, a much easier standard to meet. The bottom line is that it is possible and likely that a lawyer will be able to either have your violation withdrawn or get you reprobated, a term indicating that you would not face any additional penalties should you be found in violation of your probation. [Read more...]

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My 22-year old daughter hit a parked car at a strip mall in Worcester, MA.  She doesn’t know if she caused damage to the parked car she hit.  She left the parking lot without leaving her contact information and now she’s wondering what she should do.  Can you please explain the law in this situation and her legal responsibilities?

ATTORNEY ANSWER:

The Worcester police may not know the identity of the owner of the vehicle if the owner did not report it. In this case, charges may not be brought.  The right thing to do would be to go the Worcester Police Department and report the incident. If your daughter is identified by a witness or a surveillance camera as the person who caused the damage, she could be charged with leaving the scene of property damage, a misdemeanor.  However, in the scheme of things, she most likely would be treated quite favorably based on her cooperation and voluntarily coming forward to report the incident. Alternatively, the police may not charge her at all and simply give her an Operator’s Report to fill out and request her to describe what happened. This would at least give the alleged victim an opportunity to file a claim with the insurer of the automobile your daughter was operating at the time of the accident. The victim may not have reported it at all but at least your daughter would be protecting herself against any potential criminal liability that could arise if witnesses were able to identify her or the license plate of the vehicle she was operating at the time of the incident. A good lawyer could probably negotiate a dismissal of any criminal charges that may arise in the worst case scenario if she voluntarily reported the incident. Honesty is always the best policy

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Additional Information:

My nephew was involved in some sort of an altercation in Westboro, MA which he was allegedly trying to rob a man of his watch. The boy (he’s 19) has had drug problems and I assume this issue was in play. He used a bat to threaten the man and to take the watch. He was arrested the next day because the man recognized him. So, is this an armed robbery even if he didn’t hit him and what would the penalty be?

ATTORNEY ANSWER:

Yes it is considered armed robbery, and in addition he could be charged with assault with a dangerous weapon. The penalty would depend on his prior criminal history and whether he has served time previously. He certainly could be placed on probation or face jail time. [Read more...]