Legal Question in Criminal Law in Massachusetts

Credibilty of alleged ''victim''

I have been charged with criminal harrassment and threats of bodily harm. The ''victim'' is a neighbor who lived below me. We have had problems since me and My 2 kids moved in. It started out as notes on the door stating my kids were loud while I was out, and escalated to her calling the police several times, DSS twice, and the landlord dozens of times. And now this. During one of our first court appearances her only witness was asked to leave the room (I feel the magistrate knew she was lying) over the next several months she failed to appear. The last time in court, the DA offered 1 yr probation if I pleaded guilty. I told her ''no way''. I recently graduated nursing school and this is keeping me from taking my licensure exam. I have an extensive previous criminal record, but no felonies, nothing that would even hint of violence. And I have no convictions in the past 5 yrs. The police know her and her boyfriend on a first name basis. They have responded to dozens of calls to her appt. noise, domestic disturbance, assault, weapons, etc. Can I obtain and use this info to show that her credibility is nil? And can I sue for damages? Lost time from a nursing career?

Asked on 11/01/02, 6:05 pm

1 Answer from Attorneys

Thomas Workman Law Offices of Thomas Workman

Re: Credibilty of alleged ''victim''

You need to take first things first, and that is to get the criminal matter pending against you resolved in your favor. It is not to your advantage to discuss what happens later, before it is later. Making your intentions known could cause the "victim" to demand that the case against you not be dismissed, and the DA is listening to the "victim" in this case. Only after the matter is resolved in your favor should you be looking at what you can recover from the false charges.

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Answered on 11/01/02, 6:24 pm

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