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Can you fight a state case without actually being present?

Lowell, MA |

My husband was deported and has a pending case against him within Lowell District Court. 1) Can he fight this case from another country if we hire a lawyer? The case pending is false battery charges and we have all the proof needed to show they were false accusations. Is there anyway for a lawyer to represent and vacate such charges without him actually being present.

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Attorney answers 3


It is possible, but not routine. You can hire a criminal defense attorney to review the case and try to persuade the district attorney's office to dismiss the case and waive your husband's appearance. I have been able to do this in the past, but it is not the norm. In general, the defendant has to be present for the case to be heard. However, if the prosecutor and judge agree to waive your husband's appearance and dismiss the case, then yes, the case can be dismissed without your husband being present.

This is not intended as legal advice and does not create an attorney-client relationship.


If may be possible to do so if the case resolves short of trial. You should speak to an experienced defense attorney. You can utilize "find an attorney" tab on avvo to assist in you in the search.

Good Luck!

The answers posted herein are not legal advice and no attorney-client relationship exists. -- Inna Rifman, Esq. Licensed Attorney in Massachusetts. Greater Boston Law, 1629 Central Street, Suite 7, Stoughton, MA 02072 T. (781) 436-0316 F. (781) 459-1075 E. W.


Yes, he can fight the case. Call a local attorney.

Gil Nason Nason Law 978-454-5719