Legal Question in Criminal Law in Massachusetts

continuation without a finding

A friend was recently arrested for assault that occured during an

epileptic seizure. The ''victim'' would not appear in court and the court

issued a continuation without a finding for a period of 18 months. He is

to have no contact with her at all. Since the ''verdict'', she has emailed

him once and has now just called his probation officer and lied, telling

the PO that my friend had just called her. I know this isn't true because

it jeopardizes his probation and could essentially wind him up in jail.

The probation officer clearly favored the ''victim's'' story over my friend's

and it is clear to me that if she continues to make these false

accusations, the PO will believe her and the CWOF will be terminated.

How can my friend protect himself? He is abiding by all the rules,

including paying her restitution!! He-said, She-said clearly favors the

victim. What can he do? Any suggestions? He is in contact with his

attorney, but I would like to get any suggestions you may have.


Asked on 11/16/04, 5:11 pm

1 Answer from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: continuation without a finding

Your friend has run smack into chapter 209A, the Domestic Violence statute. It was passed with the intention of protecting women from abuse, but it has done more harm than good. Men are regularly victimized by it.

It is perhaps the most unconstitutional statute we have. Due process and fundamental fairness are out the window.

Helping the statute is an �ARREST-PREFERRED� POLICY, and the U.S. government hands out grants to make sure that policy is carried out.

Go to

http://www.ojp.usdoj.gov/vawo/grants/arrest/arrest01.txt

and see �Grants To Encourage Arrest Policies and Enforcement of Protection Orders Program.�

It's an eye-opener.

Read more
Answered on 11/18/04, 7:33 pm


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