Concord Domestic Assault and Battery Lawyer
What happens if you face a Domestic Assault and Battery Charge and will have to attend Court in Concord District Court? Many who are charged with domestic assault and battery have no prior record; typically, your wife or girlfriend who the police claim is the victim wishes the following:
- That the charges were dropped
- That you were never arrested;
- And believes this was a misunderstanding.
While these feeling are common, domestic assault and battery charges require some time to resolve in court. While it may seem that a rush to judgment led to the charges being brought, we will have to go through the following court process to get the charges dismissed. Attorney DelSignore has handled many cases of domestic assault and battery in Concord and throughout Massachusetts and can guide you through the process.How do you get a Domestic Assault and Battery charge dismissed?
The ultimate goal is to get the case scheduled for trial; that is where these cases get dismissed. Unfortunately, it does take some time to get a trial date. Attorney DelSignore would typically put the case on for bench trial to move the case through the court system faster.
Most people thing that because the alleged victim is not on board the case should be dropped on the first court date. Even though the victim may wish that you were never charged and even disagree with the police report, the Commonwealth will not drop the charges. The reason is that they have policies on domestic assault and battery cases. Each of these cases are handled the same regardless of circumstances.
You will be arraigned, being advised of the charges and given another court date for what is called pretrial conference. At the pretrial, the District Attorney should provide all information to you about the case, commonly referred to as discovery. This may include police reports, witness statements and 911 calls.
In many cases, a bench trial date can be scheduled after the trial conference where the case would likely be dropped if the victim is not on board with the case.
But that is not always the case:
Here are some circumstances where the Commonwealth may attempt to prosecute you even if the so-called victim wants the charges dropped.
- You have a criminal record of prior domestic violence charges;
- There is a 911 call made close in time of the incident. This 911 call can be played in court even without the victim testifying if a judge finds that the playing of the tape would not violate your rights under the 6th Amendment.
- There is a witness to what happened who can testify in court; minor children are typically not called to testify in domestic violence cases involving their parents.
- You confessed to hitting your spouse, family member or girlfriend.
- There is physical evidence indicating that a domestic assault and battery occurred.
You may have heard people in court receive a CWOF on criminal charges and told by the judge that if they stay out of trouble there will be no criminal conviction. A CWOF, also known as a continuance without a finding, is an admission to a domestic assault and battery charge. In some cases, it might be the best way to resolve your case, but for the vast majority of people, it is not the appropriate resolution of the case.
Any non-citizen should not accept a CWOF because it would likely result in deportation on a domestic assault and battery charge.
If the alleged victim is not willing to testify, in many cases the case will get dismissed. While Prosecutors can proceed with a case without the alleged victim, there are two reasons this does not always happen:
- Prosecutors have discretion not to use a 911 call when the circumstances of the incident justify allowing the case to get dismissed.
- We can file a motion objecting to the use of the 911 call under the 6th Amendment to the United States Constitution.
Attorney DelSignore will guide you through the court process and help you achieve your goal when charged with a domestic assault and battery in Concord District Court, a dismissal of the charges.
Call or text anytime at 781-686-5924; at DelSignore Law, we are always here to help; it is never too early or late to call.