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Justice Denied

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D

Dix

Guest
What is the name of your state? Massachusetts
I filed an Assault&Battery charge against a co-worker. He then filed one against me.
I was summoned as a witness to a trial before a jury on 9/13.
When I showed up, the Asst. D.A. appologised that I had showed up, but due to budget cuts, there aren't any jury trials and I would be notified when the trial would be held.
I called the D.A.'s office on the 19th and the 20th and was told no action was imminant, I'd be notified.
My Lawyer handeling my worker's comp. case showed me a court document that stated the case was dissmissed on the 20th because the witness and victim had not showed up. I wonder why? Even the State Trooper who investigated the case didn't know. It seems someone droped the ball at the D.A.'s office.
At the last minute, on the 20th, my assailants lawyer switched from a jury trial to a trial before a Judge and had the case dismissed.
My court appointed lawyer talked to the supervisor of the asst. D.A,'s, and is sympathetic to the fact that I was a victim in this case and his advise is to, "get the charges against me dismissed and re-file the A&B charges against my assailant".
Some more knowledgeable advise to me, is to get a postponement of the charges against me until the "mix-up" is straightened out and then seek to have both trial's on the same day.
What do you think?
 


V

Votan

Guest
Your description to the facts suggests that the opposing party filed a motion for summary judgment before the trial and the judge ruled on that motion in favor of the moving party, which is your opponent. If that is the case, you should have been served the motion and be given usually 28 days to file an affidavit reply to the motion. If there is no response to the motion, the court, in most cases, has to grant the motion as made. Check the docket in the court and verify if this is the case. If it turned out that there is no motion for summary judgment, or a motion to dismiss your claim, which in effect is a motion for summary judgment, then the court denied you due process of law, a serious constitutional violation.

You should be able to appeal to the higher court. I do not know what exactly has perspired and what is the opinion of the lower court, which is supposed to be the basis for your appeal. It appears as if the DA is trying to shrug his illegal activities under the rug.

Don’t rely much on the court appointed lawyer. Check the docket yourself. Go to the court, and do your query yourself, or hire an attorney to do it for you.
 
D

Dix

Guest
Thanks Votan.
Will do, then get back to you.

Today I was a defendant in the cross charges against me and the trial was continued to a "further pre-trial hearing" on Nov. 4th. At which time my original charges will also be heard.
What I'm not exactly sure about(but will find out), is if the original complaint is being reopend and/or a new complaint is being issued.
My more knowledgeable advisor pressed me hard to make sure that the original charges be "reopened" and not refiled.The Clerk agreed and said the asst. D.A. should refile the original complaint.
Whew. Thanks again.
 

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