Massachusetts Domestic Assault and Battery Charges Dismissed Against Non-Citizen

Charges of Domestic Assault and Battery Dismissed for Boston Software Engineer Following Invocation of Spousal Privilege

Our client is a highly skilled software engineer who came to Massachusetts on a work visa after accepting a prestigious position with a Boston-based employer. His professional expertise is highly sought after by companies throughout the United States. He had been married to his wife for several years when the couple began experiencing difficulties in their relationship.

A few months ago, a neighbor heard the couple arguing and contacted the police. Responding officers interviewed both our client and his wife. Following their investigation, the officers arrested our client and charged him with Domestic Assault and Battery in violation of Massachusetts General Laws, Chapter 265, Section 13M.

Because of the nature of the charge, our client was subject to Massachusetts’ six-hour restriction on admission to bail. Following his release, he appeared for arraignment with Attorney Neyman representing him.

Importance of Having a Criminal Defense Lawyer at the Arraignment

Our client’s wife appeared at the arraignment in support of her husband. Attorney Neyman’s representation at this initial court appearance helped secure a favorable outcome concerning conditions of release. The judge imposed no additional conditions, allowing our client to remain in the marital home and maintain contact with his wife.

This was particularly important because domestic assault and battery cases can involve conditions restricting contact between spouses, even when the alleged victim supports the defendant.

Wife Invokes Spousal Privilege at Pretrial Hearing

At the pretrial hearing, our client’s wife again appeared in support of him. We discussed the case with the prosecutor, who understood that the wife intended to invoke her spousal testimonial privilege under Massachusetts General Laws, Chapter 233, Section 20 and the Massachusetts Guide to Evidence Section 504.

Under Massachusetts law, a spouse generally cannot be compelled to testify against the other spouse in a criminal proceeding. The privilege belongs to the spouse who would otherwise be called to testify.

Recognizing that the wife intended to exercise this privilege, and considering the available evidence and circumstances of the case, the prosecutor agreed to allow her to invoke the privilege.

The judge conducted a colloquy with the wife and permitted her to invoke the privilege.

Domestic Assault and Battery Charges Dismissed

With the wife invoking her spousal testimonial privilege and the prosecution unable to proceed under the circumstances of this particular case, Attorney Neyman successfully moved to dismiss the domestic assault and battery charge.

The result was a dismissal of the criminal case.

Important Considerations in Massachusetts Domestic Assault and Battery Cases

This case illustrates several important issues for individuals facing domestic assault and battery charges in Massachusetts:

1. Police investigations and arrests: When police respond to a domestic dispute, they may interview both parties and investigate the circumstances before determining whether there is probable cause to make an arrest.

2. The six-hour bail restriction: Massachusetts law generally prohibits admitting an adult arrested for domestic assault and battery under G.L. c. 265, § 13M to bail sooner than six hours after arrest, subject to the statutory exception for a judge acting in open court.

3. Spousal testimonial privilege: Under Massachusetts law, a spouse generally cannot be compelled to testify against the other spouse in a criminal proceeding. When the alleged victim invokes this privilege, it may significantly affect the prosecution’s ability to proceed. However, the effect depends on the available evidence and circumstances of the individual case.

4. Representation at arraignment matters: Having an experienced Massachusetts criminal defense attorney present at arraignment can be important in addressing bail and release conditions. In this case, Attorney Neyman’s involvement helped ensure that our client was permitted to remain in his home and maintain contact with his wife.

5. Criminal charges and immigration concerns: Non-citizens facing criminal charges should understand that even an arrest or pending criminal case can raise concerns about their immigration status. Anyone in this situation should obtain appropriate criminal defense and immigration advice.

Facing Domestic Assault and Battery Charges in Massachusetts?

An arrest for domestic assault and battery can have serious consequences for your freedom, family relationships, employment, and potentially your immigration status.

If you have been charged with domestic assault and battery in Massachusetts, having an experienced criminal defense attorney involved as early as the arraignment can make an important difference.

Contact Attorney Neyman to discuss your case and your available legal options.

Read More About Domestic Assault and Battery Defense in Massachusetts.