Legal Question in Criminal Law in Massachusetts

Re: False Accusation

I can understand your frustration. However, the State has a duty to continue to prosecute you if they have sufficient evidence to do so. The only way to be vindicated is to defend the charges.

The most important course of action is to hire an attorney immediately. Criminal accusations of any scope are serious, and can have equally as serious repercussions.

An attorney, licensed in the Commonwealth, can prepare your defense, and ensure that your rights are protected at every stage of the proceedings.

Feel free to contact me to discuss further.

Re: False Accusation

You are understandably upset, but this is a time when you should be cautious. Right now you stand accused of a crime and a conviction can have serious consequences.

The way the law is written in massachusetts, there is no requirement that any PROOF of a crime be offered to police in order to file an accusation. For political reasons (our prosecutors are elected) all accusations are treated as if they are true until they are disproven. People who are accused must go to court and have a criminal record opened against them... a record that remians, permanently, even if they are found to be not guilty, or even if the prosecuion dismisses the charges.

Trials are the place where guilt or innocence are determined, not arraignments, so it is important that you have a good criminal defense attorney represent you. You have a life, a family and a job to worry about protecting.

Re: False Accusation

In order to issue a complaint for any charge, there needs to be probable cause. Apparently the Clerk Magistrate thought that whatever investigation the police officer conducted provided sufficient probable cause to issue the complaint. It is a much lower standard of proof for probable cause (more likely than not) than it is to convict you (beyond a resonable doubt). Since it is a serious charge, the judge wisely advised you to hire an attorney. I too strongly recommend that you hire a good Criminal Defense Attorney and fight the charge.

Re: False Accusation

Retain an attorney to defend you and speak only with that attorney about this. If you are found not guilty and that attorney determines that there was not even probable cause to have issued the complaint against you, your attorney can advise as to your possible remedies. Good Luck!