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

Lexington, MA |
Filed under: Personal injury

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


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.

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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 email or phone conversation.

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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 or call (781) 816-3950 for a free consultation. We handle Criminal Defense and Divorce Law throughout Massachusetts. Located in Boston, Andover and Danvers, MA. - Cases involving Drunk Driving, Drugs, Violence, Sex Offenses, Theft, Divorce, Child Custody, Alimony, Child Support & Modification, Contempts & Paternity, Juveniles, Domestic Violence & Restraining Orders.

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she has a prior record...even an open case right now...


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

henry lebensbaum, esq.

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Andover, ma 01810

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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 reading my response, you are interested in retaining me to represent you, please do not hesitate to contact me.

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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

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