The duty of the office of the district attorney in Massachusetts is not only to prosecute cases but to screen criminal allegations to determine if in fact a crime was committed. Sometimes this screening process fails. Young prosecutors ignorant of the law might pursue charges that are not sustainable by the evidence. Sometimes prosecutions are initiated recklessly without consideration of the truth of the allegations. Other times prosecutions that are not supported by the evidence are brought about through vindictiveness. Fortunately there is a rule of law that might be applicable in these instances that will exonerate the defendant notwithstanding the prosecutor’s efforts. This rule permits a judge to enter a required finding of not guilty and dismiss the charges.
For a Free Consultation