Boston Criminal Lawyer Blog

It is impossible to tell you all you need to know about Massachusetts domestic violence cases in just three short blogs. Perhaps I will write a book on the subject (solicitations anyone?). However, here are a few other tidbits that most people do not consider which this Boston criminal lawyer things you should know:

Clearly, if, in a “lover’s spat”, one such lover physically assaults another, that is a crime which should be reported. However, many people these days seem to think that calling the police and embellishing a bit is a neat way to win an argument. “After all”, they figure, “tomorrow morning I will tell the police and the court to forget about it.”

Hopefully by now, you have gotten the message that it does not work that way. If there is no legal marriage between the accused and accuser, then there is no spousal privilege. This means that the Commonwealth, which now has decided that what you originally said took place is the truth will not be detoured simply because you have changed your mind. As if they have blinders on, the original statement was the truth and if the complainant is changing that narrative, then she must be lying now. In any event, the Commonwealth will proceed to trial and force you onto the stand.

“What if I change my story to the truth on the stand?”

You will likely be threatened with a host of crimes ranging from intimidation of a witness to perjury.

“Well, what should I do if I am in that position?”

My advice is that you should contact an experienced attorney to help you out of it. And, by the way, I would not suggest doing it again.

Of course, if you have kids living with you and your beloved, then you have two nightmares to deal with. There is the criminal prosecution as well as the investigation, services and hearings of the Department of Children and Families (“DCF”). Because there are kids living at a scene wherein the Commonwealth believes violence took place, they will launch into action out of a stated desire to save the child. However, like their prosecutorial counterparts, they will likely believe the original allegations as well. In fact, should you tell them that the allegations were not true during the investigation, they may actually indicate that such an opinion may be grounds to take additional action which could lead to the removal of the child at the home.

“What if I didn’t make the allegations, but the child, or someone else, did and I know it is not true?”

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Hello and happy July 4th! I hope you are enjoying the celebration of liberty.

In celebration of the festivities, the Boston Criminal Lawyer Blog is discussing one instance where a number of people lose their freedoms and both they and, often, their complainants are shocked about the process.

On Monday, we began discussing Massachusetts domestic violence cases. When we left off, our fantasy couple, Lilly and Lou Loud had had a rather loud verbal argument which the neighbors overheard. The neighbors called the police. Police came, the Louds denied that anything violent was going on and Lou ended up with criminal charges nonetheless. That is where we left off.

The question on the table was what was likely to happen next in today’s Commonwealth criminal justice system.

We established that Lou was going to be going to arraignment and have the criminal charge entered onto his criminal record.

“Sam, you established that Lou was not entitled to a Clerk Magistrate’s Hearing. Is there any way to prevent the arraignment so that the charge does not get entered upon his record?”

He does not have an absolute right to the hearing. However, as in the case with comic book heroes, when they are looking certain death in the eyes and it seems like the end, “There’s just one chance! If I can just…!”

I am constantly surprised that more criminal defense lawyers do not even make an attempt to save their client’s record at this point. I do. You see, in our scenario, Lilly Loud is on her husband’s side. She has been saying all along that no crime was committed.

“So, she can just stand up in court, explain it all to the judge and the arraignment will not take place?”

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Massachusetts domestic violence cases cases continue to perplex many of their participants. This Boston criminal lawyer has discussed these cases many times. The reality of such cases makes the messages are worth repeating.

Romance can be a wonderful thing…however, as it is written by one of my favorite rap artists, BDG, “Life brings love, but not without hating”.  What might be simple anger in other circumstances quickly turns into the feeling of hatred when things go bad.  Unfortunately, these days, one of the tools in expressing said hatred, no matter how temporary, is the criminal justice system.

This would be bad enough.  This would be shocking enough.  However, what makes it worse is that it is a tool that very quickly takes on a life of its own and becomes out of control for both the complainant and the soon-to-be defendant.

As we celebrate freedom this week, it is timely to discuss the realities of these types of cases.

First, let’s admit what we all know is true.  Many domestic violence cases are real.  In the past, these cases were not taken very seriously by the criminal justice system.  It was akin to child discipline…namely, it was treated like a “private matter”.  As a result, a lot of people, mainly women, got beaten worse and worse until they finally ended up dead. Murdered by their “loved one”.

Finally, we woke up and realized that there was nothing less serious about a spouse beating a spouse than any other violent crime.  In fact, given the repetative nature and other issues these cases brought to light (such as battered spouse syndrome and the effects on any children who might be around) became treated more seriously than other assault and battery cases.

This was a giant step in the right direction.

However, our Justice System, like many of our societal systems, is not satisfied with such steps until they go way over the dividing line of common sense.  We do not take measured approaches.  We prefer pendulum approaches.
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