Legal Question in Criminal Law in Massachusetts

Re: Court Appearance, failure to appear

First, there is no such thing as "I don't want to press charges." Police in Massachusetts and Prosecutors do not recognize residents and citizens as being mature enough to make that decision. As for the court attendance... a person served with a subpoena who fails to appear can be found in contempt and/or have a warrant issued for their arrest.

If this person does not wish to cooperate with the prosecutor, they are under ABSOLUTLEY NO OBLIGATION to speak with the prosecutor or "victim advocate" and should instead work with the Defendant's Attorney to resolve this matter.

Re: Court Appearance, failure to appear

The person who told the police they were assaulted becomes merely a witness in the criminal case of the Commonwealth vs. the defendant and must appear in answer to a summons or risk being held in contempt of court.

If that person has reasons for not testifying that may include self incrimination such as thay made a a false report to the police, which is a crime in itself, that person should retain their own attorney and speak only with their own attorney about this. Good Luck. Happy New Year.

Re: Court Appearance, failure to appear

You are asking all the right questions. Unfortunately, she can be compelled to appear (by warrant) and to testify (contempt). The ADA will not likely allow her to drop the charges since it is now the Commonwealth's case and not your girlfriend's. However, if you hire a good criminal defense attorney, he may be able to navigate around the issues to get the charges dismissed. This will be very much contingent on circumstances that you have not addressed here, such as previous history between this couple, previous criminal history of defendant in general, who else saw what, etc. I am available 24/7 for emergency calls. I conider new criminal charges to fall within my definition of emergency. Feel free to call if you need counsel. Go to our website for more information on Domestic A & B or for my telephone number. I answer personally after normal business hours. Get a goood lawyer!!