How do I push for prison time where there is a broken bone involved permanently moving my facial bone?

Asked over 2 years ago - Lexington, MA

Her lawyer wants to ask for a CWOF which is totally incomprehensible where she is totally guilty. Its definitely a charge of assault and battery. However, she only spent one night in jail for it so far since they didn't have any word of injuries at that time. How can I guarantee that judge wont buy her masquerade? What can I do to make a serious strong impact in regards to the seriousness of my injuries?

Attorney answers (6)

  1. Aaron H. Hutchins

    Contributor Level 10

    3

    Lawyers agree

    Answered . Make sure you speak with the Assistant District Attorneyhandling the case and let them know your feelings. With such an outspoken victim, like yourself, it's highly unlikely she'll get a CWOF.

  2. Lauren Craig Redmond

    Contributor Level 16

    2

    Lawyers agree

    1

    Answered . As the victim of crime you have the right to make a victim impact statement to the judge before s/he decides the punishment. Also, you definitely should make your feelings known to the Assistant District Attorney assigned to your case. They usually take the victim's position quite seriously.

    Attorney Lauren Craig Redmond ~ 617.953.6116 ~ No attorney/client relationship is established or implied by any... more
  3. Michael Rodney St Louis Esq.

    Contributor Level 6

    2

    Lawyers agree

    Answered . I"m sorry to inform you that the ADA really are motivated to make deals and move these cases off their desk. They are not likely to push for jail time, especially if she has no prior record. All you can do is give a victim impact statement to judge and hope for the best.

    Visit us at www.bostonsbestlawyer.com or call (781) 816-3950 for a free consultation. We handle Criminal... more
  4. Henry Lebensbaum

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Speak to the victim/witness person in the DA's office.





    henry lebensbaum, esq.

    300 Brickstone Square, Ste 201

    Andover, ma 01810

    attorneylebensbaum@verizon.net


    (978) 749-3606

    I usually check email every few hours during the day.

    (by appointment only)



    PLEASE NOTE that: This is being sent via encrypted line, but

    (1) e-mail communication is not a secure communication method; (2)
    any e-mail sent to you or by you may be copied and held by various
    computers as it goes from sender to recipient; (3) emails may be
    intercept by persons improperly accessing your computer or my
    computer or even some computer unconnected to either of us through
    which the e-mail passes. I am e-mailing because you have agreed.
    If you change your mind and want future communication to be sent in
    a different mode, please advise me at once.



    The information contained in this e-mail message is intended only
    for the personal and confidential use of the recipient(s) named
    above. This message may be an attorney-client communication and/or
    work product and as such is privileged and confidential. If the
    reader of this message is not the intended recipient or an agent
    responsible for delivering it to the intended recipient, you are
    hereby notified that you have received this e-mail in error. Any
    review, dissemination distribution, or copying of this message is
    strictly prohibited. If you have received this e-mail in error,
    please notify us immediately by e-mail and delete the original
    message.

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more
  5. Terri D. Leary

    Contributor Level 16

    1

    Lawyer agrees

    Answered . As the assistant district attorney assigned to tjecase will be pressired bu a defense attorney from the first hearing, the seriousness of the offense will be determined by the details on the police report. If you have seen the report and it does not adequately represent the severity of your injury, you
    Can provide the ADA with photos, X-ray and hospital report to show this was really bad. If there were witnesses, that will help as well. Every office of the district attorney has a staff
    Of victim/witness advocates whose responsibility is to serve as your liaison, keeping you informed about the case and telling the ADA where you stand. Contact that person, learn her/his contact information, and make your stance known. Ultimately, however, the judge can accept or reject a plea, even if the ADA agrees to the terms.

    Providing users with information is not intended to create an attorney/client relationship. However, if in... more
  6. Valerie J. Semensi

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Make sure you are present to address the court as the victim of a violent attack. Also, make sure to bring your medical bills, as a court will order restitution as long as the injuries are as a result of the attack.

    While a cwof appears to be getting off lightly, remember that she will have to admit to doing the attack and causing the injuries. The court will order restitution for the medical bills. Also remember, if she does not pay the restitution, she will be subject to a violation of probation; then the sentence could change to a guilty with more severe consequences.

    Best of luck!

    Valerie Semensi, Esq. @ 781.383.1940

Related Topics

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,454 answers this week

3,214 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,454 answers this week

3,214 attorneys answering