Legal Question in Criminal Law in Massachusetts

probable cause hearing

After a probable cause hearing and if there is suffient evidence to rebute the charges is the case dismiss by the judge. If the judge dismisses the case can the DA continue to proceed any way, with a lessor charge?


Asked on 6/07/08, 7:45 am

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: probable cause hearing

A dismissal is not a guarantee that the DA cannot proceed again. For instance, a DA can present the case to the grand jury.

You should talk to no one, and certainly not post a detailed description on the internet.

The next person you should and must speak to is an attorney to analyze the case, and discuss your options.

If you seek further information or representation, you can call my office.

If you want to provide me with more essential information about the situation, or contact me, then I can provide me with the necessary details, so that I can evaluate what is going on, and give you my thoughts.

If you would like to consult with me, call me at my office.

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Answered on 6/07/08, 9:41 am
Joseph Murray Joseph M. Murray, Esq.

Re: probable cause hearing

The short answer is No to both of your questions. A finding of no probable cause does not prevent the DA from presenting the case to the grand jury on the original charge or a lesser offense.

Consider retaining an attorney and confide only in that attorney for specific advice.

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Answered on 6/07/08, 11:53 am


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