Can the Alleged Victim Simply Drop the Charges in Brockton?
One of the most widespread misconceptions in criminal defense is that an alleged victim has the power to "press" or "drop" charges.
Under Massachusetts law, the alleged victim CANNOT dismiss your case.
Once Brockton Police or State Police make an arrest for a domestic offense—such as Domestic Assault & Battery (M.G.L. c. 265, § 13M), Strangulation, or Malicious Destruction of Property—the complaining witness becomes a witness for the prosecution. The formal case is titled Commonwealth of Massachusetts v. You.
Only the Plymouth County District Attorney's Office or a presiding judge has the legal authority to dismiss a criminal complaint.
Where Is Your Brockton Domestic Case Prosecuted?
Domestic assault charges, evidentiary hearings, and victim non-cooperation issues originating in Brockton, Abington, Bridgewater, East Bridgewater, West Bridgewater, and Whitman are litigated at:
-
Courthouse Location: Brockton District Court, 215 Main Street, Brockton, MA 02301.
-
Prosecuting Authority: Plymouth County District Attorney's Office (Domestic Violence Unit).
-
Court Support: Plymouth County District Attorney's Victim-Witness Assistance Program.
The "No-Drop" Policy and Evidence-Based Prosecution
The Plymouth County District Attorney's Office enforces a strict "No-Drop" policy in domestic violence prosecutions. Prosecutors assume that recanting or uncooperative witnesses are acting out of fear, emotional duress, or economic dependence.
If the victim refuses to cooperate, signs an affidavit of non-prosecution, or asks the prosecutor to withdraw the complaint, the Commonwealth will attempt to proceed using an "Evidence-Based Prosecution" without their testimony:
|
Evidence Type |
How Plymouth County Prosecutors Use It |
How Defense Counsel Challenges It |
|
Recorded 911 Calls |
Played for the jury under the "excited utterance" hearsay exception. |
Excluded under Crawford v. Washington if the call contains non-emergency narrative statements. |
|
Responding Officer Statements |
Police testify to what they observed at the scene (demeanor, tears, disarray). |
Hearsay objections block officers from reciting what the victim said out of court. |
|
Scene Photos & Injuries |
Bruises, torn clothing, or broken household items. |
Cross-examination exposes the lack of proof directly linking the damage or injury to the defendant. |
|
Hospital / Medical Records |
Lowell General or Brockton Hospital ER intake records. |
Redacting narrative fault statements under the Massachusetts medical records statute (M.G.L. c. 233, § 79G). |
Legal Privileges: How Witnesses Refuse to Testify
When a complaining witness does not want to move forward, they cannot simply skip court if served with a subpoena. However, Massachusetts law recognizes two powerful testimonial privileges:
1. Spousal Privilege (M.G.L. c. 233, § 20)
If you and the alleged victim are legally married at the time of trial, the witness-spouse holds an absolute statutory privilege to refuse to testify against you in a criminal proceeding. If the spouse asserts this privilege on the record, the judge cannot compel them to take the stand.
2. The Fifth Amendment Privilege Against Self-Incrimination
If the alleged victim made conflicting statements to police, struck the defendant during the incident, or wishes to recant, testifying could expose them to charges of filing a false police report or mutual assault. Under the Fifth Amendment and Article 12 of the Massachusetts Declaration of Rights, the witness can retain independent counsel (often through a court-appointed "5th Amendment Attorney") to assert their privilege and decline to testify.
Critical Legal Warning: Under M.G.L. c. 268, § 13B, you must NEVER ask, suggest, or pressure an alleged victim to drop charges, assert a privilege, or avoid court. Doing so constitutes Felony Witness Intimidation, carrying up to 10 years in State Prison and immediate 90-day bail revocation.
How We Defend Brockton Domestic Cases When the Witness Recants
When a complaining witness declines to participate, the prosecution's case is substantially weakened. Our defense strategy focuses on:
-
Enforcing Confrontation Rights: Demanding strict compliance with the 6th Amendment Confrontation Clause to prevent prosecutors from introducing unsworn hearsay statements if the witness is unavailable.
-
Filing Motions in Limine: Moving to exclude 911 dispatch audio and medical narrative histories before opening arguments.
-
Pushing for Dismissal for Lack of Prosecution: Answering trial-ready on trial day. If the Commonwealth cannot satisfy its burden of proof without their primary witness, the judge must enter a Dismissal or a Directed Verdict of Not Guilty.
Contact Our Massachusetts Domestic Violence Defense Team Today
The Law Offices of Kensley Barrett
📍 Massachusetts Office: 572 Washington Street, Suite 21, Wellesley, MA 02482
📞 Call Now: (857) 229-2442
🌐 Website: www.krbarrettlaw.com
