On August 22, 2023, a judge in Malden District Court DENIED the Commonwealth’s motion to admit the alleged victim’s statements as an excited utterance. The Commonwealth was trying to proceed on the charges even though the alleged victim had recanted and was not willing to testify in court.
Unfortunately, even if the alleged victim does not want to proceed with charges and even agrees that it never happens, the prosecution can still proceed with the charges. This is true especially in a domestic violence situation.
We had an evidentiary hearing where the officers testified to their observations and the judge listened to the 911 call. We cross-examined the officers, filed a brief, and made an argument to the judge.
After the hearing, the court agreed, and they found that the alleged victim’s statements did not qualify as an excited utterance.
This means the domestic violence charges against our client will be DISMISSED!
If you need a criminal defense lawyer in Malden District Court or anywhere in Massachusetts, you need an experienced domestic violence attorney. Call or text me today at 617-295-7500. I’d be glad to help, and let’s get started on your defense!