Massachusetts Domestic Assault and Battery Court Process

Attorney Michael DelSignore is a Massachusetts criminal defense lawyer that can guide you through the Court process when you are charged with domestic assault and battery. When you contact Attorney DelSignore you get the most accurate answers to your questions and a clear guide to get you through the court process and have your case resolved as quickly as possible.

1. What is the best way to get your case dismissed?
2. How long will the process take?
3. Can the process be accelerated if you have no record and the alleged victim wants the case dismissed

• A domestic assault and battery charge requires the case to be put on for trial to achieve a dismissal of the case; Attorney DelSignore will work to bring the case to this status to end your case.
• The process can take from 4-7 months as the case has to move through the stages of the Court process from arraignment, to prepare to Trial. You are unlikely to have an actual trial but it is at the trial stage that most cases are dismissed if the alleged victim does not wish to testify.
• Unfortunately, there is no fast tracking the case for someone with no record. As your lawyer, I will always tell you how things are even when I know the answer you want to hear is different.

Massachusetts Domestic Assault and Battery cases can be difficult as they take time to resolve and can be emotionally draining as generally the alleged victim is someone you have a close relationship with. Often, the person who is the alleged victim does not want to see you prosecuted for the criminal offense. However, despite the wishes of the victim to have the cases dismissed immediately, the District Attorney will not dismiss the case right away; in many cases, the case will get dismissed on a bench trial or jury trial date. On the trial date, it is likely, the Commonwealth will answer not ready for trial based on the lack of cooperation of the alleged victim. There are cases where the Commonwealth can prove the case without the testimony of the alleged victim in the case.

1. The case will not get resolved on the 1st court date.
2. The District Attorney will only dismiss the case on the trial date even if your wife, spouse or girlfriend does not want to see the case prosecuted.
3. A 911 all can be key evidence in the case.
4. The Court may issue a no contact order at the first court or the victim may seek a restraining order.

At DelSignore Law, we can guide you through the process of getting your domestic assault and battery case dismissed. Attorney DelSignore has a long track record of obtaining dismissals on charge of domestic assault and battery. Get the best advice possible on how to move your life forward after being charged with a domestic assault and battery.

Like any criminal charge, a domestic assault and batter will go through the standard stages of the court process, as outlined below.

The arraignment is the first court date.

While many expect the case to be immediately dismissed, this rarely happens even if the alleged victim does not wish the case to go forward or did not want to see you get arrested.

Following the arraignment, the pretrial conference stage is an attempt to explore weaknesses in the Commonwealth’s case and find a way to resolve the case short of a trial. Some types of resolution may include:

• Dismissal
• Pretrial probation- this is considered a dismissal if you agree to comply with certain conditions; common conditions may include being alcohol or drug free or attending counseling.
• Admission or Plea- this is when you admit to some or all of the charges in the complaint.

During the Pretrial Conference, the Court will explore Privileges such as the Victim’s 5th Amendment Privilege or any Marital Privilege that may prevent the Commonwealth from a successful prosecution.

In many Massachusetts domestic assault and battery charges, the victim does not wish to testify against the defendant.

Even though you may believe that the case has no merit, the alleged victim does not wish to testify, you should not expect the case to be dismissed immediately.

The Commonwealth may still try to prove the case even without the testimony of the alleged victim.

When domestic assault charges are brought in Massachusetts, the charges are brought by the State and only the prosecutor has the discretion as to whether a case is dismissed or not. A victim in a case has no authority to drop criminal charges, but can only express an opinion to the district attorney as to how the case should be handled.

If the case cannot be resolved, the case will be scheduled for trial, which will typically occur before a jury but can also be before a judge.

The district attorney takes all charges of domestic assault and battery seriously so it is important you hire an experienced Massachusetts domestic assault and battery attorney to represent you and to protect your rights. Call or text Attorney DelSignore immediately at 508-455-4755 or 781-686-5924 to set up a free office appointment.