Bridgewater Criminal Defense Lawyer
What happens if you are charged with a criminal offense by the Bridgwater, Massachusetts police. Attorney DelSignore handles all types of charges by the Bridgwater police department, including: OUI cases, domestic assault and battery, motor vehicle offense, guns and drug crimes.
One of the more common types of crimes that can lead to arrest is when you have an argument with your spouse, it can easily lead to a domestic assault and battery arrest if the police are called.
Once the police are called to an alleged domestic violence incident, they are obligated to make an arrest.
Here are some of the common questions people have when facing a domestic assault and battery arrest. Attorney DelSignore has helped people for years avoid convictions for domestic assault and battery.
Many people ask how quickly can the charge be resolved. Domestic assault and battery charges in Bridgewater do not get dismissed immediately even if the complaining witness did not want to see you get arrested. Your case will be heard in the Brockton District Court.
The District Attorney will typically make you put the case on for trial before allowing the case to get dismissed. As a Bridgewater Criminal Defense Lawyer, my goal will be to move the case quickly toward a bench trial date where the case will get dismissed if the Commonwealth cannot prosecute the case without the cooperation of the alleged victim.
In some cases, the Commonwealth may be able to offer the 911 call into evidence so that the case can proceed even if the victim refuses to cooperate or asserts the martial privilege.
Here is the path toward a dismissal off the charge:
- Enter a not guilty plea at the Arraignment;
- Set the case down for bench trial at the pretrial conference;
- Answer ready for trial on the bench trial date and move for dismissal if the Commonwealth is not ready for trial.
In most cases, the case will get dismissed if the victim is not on board with the prosecution of the case.
If the Commonwealth seek to prosecute the case without the cooperation of the victim, then there will be a hearing before a Judge of the Brockton District Court to determine if the 911 call is admissible in evidence.
A 911 Call from a victim of a domestic assault and battery can be admissible when the victim is making the call for help and when the incident is still ongoing. In those cases, the court will likely say that the victim’s statements are non-testimonial, meaning they can be offered into evidence.
If you have left the house, and the victim calls after the incident to essentially make a report of a crime, the 911 call is unlikely to be admitted into evidence.
If you have questions about a criminal charge in Bridgewater, Massachusetts, call or text Attorney DelSignore at 781-686-5924.