How long does a Domestic Assault & Battery case take to resolve?

✅ Call or text: 781-686-5924
✅ Visit: www.delsignore...
✅ Email: [e-mail]
In this video, Attorney Michael Delsignore discusses how long it will take to resolve a Domestic Assault and Battery case in Massachusetts.
Transcript
Hi, it's Mike DelSignore, and today I want to talk about how long is it going to take to get a domestic assault and battery case resolved. It's a common charge. I help people with domestic assaults and batteries all over Massachusetts.
I'm a criminal defense attorney. I've been helping people deal with domestic assault and batteries and other criminal charges for my entire career. My passion is to help people get their life back together. So, when you're charged with domestic assault and battery, often, the situation is that the person who's claiming to be the victim doesn't want to go forward with the case. So most people think, "Well, this should be easy."
When you go in for your arraignment, the case almost never will get dismissed, even if the person who's the victim goes to the police or lets the DA know they don't want to press charges. They're going to say, "The charges are taken out by the Commonwealth and while we'll jot down your wishes, we're still going to prosecute the case."
Then, the government will look for other court dates, pre-trial dates, and they'll try to find out if there's any independent witness, if there's a 911. And usually, the 911 is really the key piece of evidence. Because that's the way the government can possibly prove the case if the victim's not on board. So, technically, the government can call some witnesses. So, if it's your girlfriend, the government can say to your girlfriend, "Well, we respect your wishes, but we still want to prosecute the case. We can force you to testify." That generally doesn't happen.
Now, if you're married, the government can never force you to testify against your spouse.
Well, hearsay is an out-of-court statement used to prove the truth of the matter. So, if someone out-of-court says something, that's hearsay regardless, and there's a lot of different exceptions.
But one of the exceptions to the hearsay rule is that if something happens as an excited utterance. So, the idea is that this cry for help is an excited utterance designed to get help, and it's admissible because the court says it's non-testimonial.
Now, you don't have to know all the language of this. This is really kind of lawyer talk at this point, but I want you to know the terms and to kind of understand where the arguments are going in court, that way you can be better informed, you'll have less anxiety, you'll know what's happening.
So, if something is considered testimonial, that means it's like testimony and it should not come into evidence. Where it gets more confusion and a closer legal issue is if the incident is still going on.
Often, they don't try to prosecute the cases based on 911 calls. So, this issue is something that we would have to determine if they can prove the case without the victim testifying.
At the pre-trial, you'll get a 911 call, then you'll generally put the case down for trial. Now, when the case is down for trial, the government is not going to try to prove the case without the victim, or if they can't do so, the case would get dismissed.
Say the husband called 911, the police come, but the husband gets charged, in a situation like that, there's probably not going to be an independent way to prove the case. That case should move quickly from pre-trial, to bench trial, to a dismissal.
If the government or prosecutor wanted to move forward with the 911 call, I would generally put the case down for bench trial, do a motion to eliminate to try to exclude it. If that was successful, the case would end. If it wasn't, depending on the judge, maybe we would go forward with the trial. Maybe then we'd put it on for a jury trial or attempt to resolve it.
So, the cases can take anywhere from, say, three to six or seven months, I would say. Generally, when I say the case is going to end, I'm looking to get these cases dismissed. Anyone can always plea or admit to the charge and the case would go much smoother. But, my goal for all my clients is to get the charge, so it's not going to effect you in the future. It's going to be a dismissal or not guilty. That's our primary goal.
There are certainly people who have a bad record and looking at jail time, and certainly, in those situations, we'd look to resolve the case. But any questions, feel free to call me, Michael DelSignore. You can call, text, anytime: [phone]. I'm here to help.
#Domesticviolence, #notguilty, #bestdefense, #lawyerup, #knowyourrights, #criminaljustice, #delsignorelaw, #justice, #courts, #lawyer, #law, #criminaldefense

[@brandonlewis9047]

I love this what u saying keep up the good work

[@shitface4754]

Thank you 🙏🏼

[@James-tt1cv]

Thx 4 d at information what if they find out she lied in trial for a domestic that never happened no 911 📞. I was the caller and they took me smh these laws don't make any type of sense.

[@vicsingh2340]

What happened to your case

[@chorta1392]

I was in domestic battery strangulation and I need help answering some questions. My offense was palm beach county. I am first time offender I have a very clean record. The trial when I was given my bond the alleged victim was not present and did not speak with the DA. I just want some insight as to how my case might go. I know it’s a hard question to answer since You may not have the information infront of you but any help would be appropriated. Thank you.

[@Zach-xb8px]

So how did everything end up?

[@Axs208]

Hey man hope it went well or not super shitty at least.

[@Monkeynutzz]

I went with the Public Defender and everything went well. Charges where dropped and I never went to court the case was thrown out

[@Axs208]

@@Monkeynutzz congrats man!

[@brandongarland1841]

what if I'm being accused of something that happened MONTHS ago?

[@Axs208]

What ever happened? Mine wasn’t months ago but near 3 weeks since the incident since I got “questioned” by police.

[@brandongarland1841]

@@Axs208 dismissed

[@Axs208]

@@brandongarland1841 congrats man.

[@Axs208]

@@brandongarland1841 congrats man.

[@EduardoMartinez-hf1uu]

Was charged with DV my lawyer wants me to take first misdemeanor plea deal. But the 911 call was at least 30 mins after the incident so they wouldn’t allow that testimony right? I’ve been reading up on exceptions

[@tinkerbell69714]

What if the boyfriend calls but they don’t even listen to his side of the story only hers. They take him assuming he is intoxicated when in reality he’s experiencing Hyperglycemia because of his diabetes. The girlfriend admitted that she exaggerated details to the police and told boyfriend that she wasn’t going to lose her Secret Clearance, which is possible due to her reckless behavior. Diabetic Boyfriend was wrongfully imprisoned served 7 years. Sustained permanent damages blindness in one eye and partial blindness in the other. Damages are affecting his disabled mother and close family mentally and physically. He also experiencing random shocks in his buttocks making his butt feel extremely burning hot. Has difficulty getting employment

[@marielowe2773]

Hi am a disabled and need help i have a op right now and he keeps violating ...can you help

[@TR-tm4bv]

What if the domestic violence is on a child?

[@hotboywayne4948]

What will happen if you both don't go to jail

[@bobbyblazini]

Yes