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My daughter has an assault an battery on an elder and

Customer Question
My daughter has an...

My daughter has an assault an battery on an elder and disabled person which is me. I want to help her!

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Massachusetts

Lawyer's Assistant: Has anything been filed or reported?

Yes someone called 911 she was arrested and now has to go to trial

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I did not press charges so the state took over. My daughter has psychiatric issues and was not on meds and went manic she has since gone on meds

Submitted: 9 months ago.Category: Legal
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Answered in 1 minute by:
9/19/2017
Lawyer: Zoey, JD, Attorney replied 9 months ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,869
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Lawyer: Zoey, JD, Attorney replied 9 months ago

She's not going to trial any time soon if this just happened.

If you don't want to go forward with the case, go in person to speak to the prosecutor who is handling the case against your daughter. Apprise him of her psychiatric condition and the fact that she was not on meds at the time of the incident. Tell him that she's now on meds and is stable and that you do not wish to proceed against her. Remind him that you didn't press charges in the first place and ask him to drop the charges.

The prosecutor has the discretion to drop this case if he feels that's in the interest of justice. You will have to convince him that you're not fearful for your safety and that there would be no risk of harm to you if he dismisses charges.

If the prosecutor refuses, then you want to talk to your daughter's lawyer and tell him that you don't want to go forward with the case but that the prosecutor is refusing to drop the charges. Ask him if there's anything you can do to help get the case dismissed. In my experience, once the defense lawyer and the alleged victim both press the prosecutor for a dismissal, something favorable to all parties can typically be worked out.

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Lawyer: Zoey, JD, Attorney replied 9 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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