Sometimes personal conflicts between loved ones can spiral out of control and result in a call or a report to the police. If you or a family member are in this situation, it’s understandable that you’re probably scared and overwhelmed. Once you have been arrested for domestic violence charges, you will be required to appear in court to defend the allegations against you. Domestic violence charges can have a significant impact on your life, so you must understand the potential consequences of conviction and have an experienced Massachusetts domestic violence Lawyer by your side to protect your rights.
Massachusetts Domestic Violence Court Process
At Nate Amendola Defense, we know that domestic disputes are often the product of heightened emotions or misunderstandings; life stressors, hardship, and mental health issues can increase tensions that may lead to physical altercations, but these incidents can cause irreparable harm that may follow you for years to come. Most domestic assault disturbances reported to the police will result in arrest since the state law authorizes warrantless arrest in these incidents.
Typically, you will be charged with Assault and Battery on a Family or Household Member, which can include a partner, family member, or roommate.
Assault or battery charges can carry heavy penalties that can alter the course of your future, so understanding the difference between assault and battery is imperative, as they are two separate charges. From the moment you are arrested, you are at risk of giving incriminating information to law enforcement and making mistakes that could damage your case. You should immediately invoke your Fifth Amendment right to remain silent, do not speak to police without legal counsel. A skilled assault and battery lawyer in Massachusetts can protect you at each stage of the criminal court process, including:
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Arraignment
Your arraignment is your first court date. After you are formally advised of the charges against you, the court will determine whether you will be released from jail until the trial. You may be released without bail (on your recognizance), on bail at a certain amount of cash set by the court (this may be in combination with conditions of release, such as a promise to stay away and not contact the alleged victim), held in jail without bail until your next court date.
Most people charged with a first-offense misdemeanor domestic assault are released on cash bail or their own recognizance with a promise to appear at every court date and not commit any offenses while on bail. If you have been charged with assault before or have other convictions on your record, the prosecutor may request a dangerousness hearing to move that you be held without bail for a significant period. If the judge makes a preliminary ruling that you pose a danger to the alleged victim and the community, you will be held until the dangerousness hearing.
Dangerousness Hearing
At the hearing, the prosecutor will present evidence in the form of witness statements, police reports, testimony, and your prior charges to show that your release would pose an imminent threat to the community. If the court agrees that there are no available options other than incarceration that would keep the public or the victim safe, you will be held until the trial date or 120 days, whichever is sooner.
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Pretrial Conference
After the arraignment, your attorney and the prosecutor will present evidence in front of the judge to see if there may be a way to resolve the case without a trial. Your attorney uses this time to explore weaknesses in the Commonwealth’s case, such as potential violations of your 5th Amendment rights or any marital privilege that could prevent your spouse from testifying against you. Depending on the charges against you, there may be more than one pretrial conference. These hearings may conclude in several ways: dismissal of the charges against you, pretrial probation with a dismissal (upon completion of certain conditions), or admission or plea, such as a Continuance Without a Finding (CWOF). Once you have entered a plea to the charges against you, the case will proceed to trial.
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Motions
A motion is a legal argument your defense counsel makes in front of a judge before the trial. At a motion hearing, your defense attorney will object to the use of any evidence collected in violation of your rights. If the motion to suppress evidence is successful, that evidence will not be admissible at your trial. Your attorney may also have the opportunity to cross-examine the arresting officer to see if there were any procedural errors in the case against you.
Trial
If the case has not been resolved through hearings, a trial will be scheduled. At trial, the Commonwealth may supply any evidence against you that has not been suppressed, such as testimony from independent witnesses or statements or admissions you made to the police. Your trial may be held before a judge or be decided by a jury—and you will need your attorney’s advice as to which trial offers a better chance at acquittal.
Schedule a Free Consultation with a Massachusetts Criminal Defense Attorney Today
If you’ve been arrested for domestic violence charges, you should speak to an experienced assault lawyer with our firm as soon as possible. You can contact us online or call our office directly to schedule your free consultation with one of our top-notch legal professionals. We have proudly service clients in Norwell, Massachusetts, including the surrounding areas such as Plymouth, Barnstable, Nantucket, and more.
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