Additional  Information:

Can we refuse to press charges? I was involved in a fight with a friend and we’ve both been charged with assault.  My question is, can we just refuse to press charges so the case goes away? Our parents are still neighbors in Tyngsborough and are good friends, and he and I were best friends since elementary school but now we don’t get along any more and neither one of us wants to press charges.

ATTORNEY ANSWER:

It is not as simple as merely refusing to press charges.  Once the police forward the matter for prosecution, the named complaining witnesses no longer control the process.  It is up to the District Attorney’s Office.  Where both parties have been charged with an Assault, each of you may be able to assert your Fifth Amendment right to remain silient and not testify in Court.  I would strongly urge you both to consult with your own attorneys who can best advise you whether or not you each have legitimate Fifth Amendment issues that can be asserted. 

The Tyngsborough Assault and Battery Defense attorneys at Berid & Schutzbank provide legal representation in defense of criminal charges and can help guide individuals through the complexities associated with the criminal process in Massachusetts.  The criminal defense lawyers at Berid & Schutzbank serve the communities of Tyngsborough and surrounding areas including: Chelmsford, Lowell, Tewksbury, Billerica, Carlisle and Westford.

Categories: Criminal Defense Questions and Questions & Answers.