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

Attorney answers (6)

1. Licensed in MA

   

   Aaron Hutchins

   Northborough Criminal Defense Attorney

   Contributor Level 10

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   Answered June 14, 2012 03:00. 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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2. Licensed in MA

   

   Lauren Redmond

   Boston Criminal Defense Attorney

   Contributor Level 14

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   Answered June 14, 2012 04:45. 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.

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3. Licensed in MA

   

   Michael St Louis

   Boston Criminal Defense Attorney

   Contributor Level 6

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   Answered June 14, 2012 09:01. 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.

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4. Licensed in MA

   

   Henry Lebensbaum

   Andover Criminal Defense Attorney

   Contributor Level 19

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   Answered June 14, 2012 10:01. Speak to the victim/witness person in the DA's office.
   
   
   
   
   
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5. Licensed in MA

   

   Terri D. Leary

   Worcester Criminal Defense Attorney

   Contributor Level 14

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   Answered June 14, 2012 12:44. 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.

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6. Licensed in MA

   

   Valerie Semensi

   Cohasset Criminal Defense Attorney

   Contributor Level 9

   1

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   Answered June 14, 2012 16:14. 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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