Massachusetts Criminal Defense Lawyer Blog

Massachusetts domestic assault and battery charges were brought in the Fall River District Court against former Durfee High School basketball star, Michael Herren, according to the Herald News.

Herren was held without bail as the judge revoked his bail on a prior case. At the time of his most recent arrest, Herren had a pending assault and battery charges against him, in which he was released on bail or personal recognizance. When a defendant is released on bail, if a defendant commits a new offense, the district attorney can seek to revoke the bail on the prior offense and hold a defendant for up to sixty days without bail.

The news account indicates that Herren is accused of grabbing the neck of his girlfriend, scratching her, hitting her head against a table and slamming a door on her leg. In the alleged victim's affidavit, the victim stated that things got physical on both sides. A Fall River criminal defense lawyer would want to review the affidavit to determine if there is a claim of self-defense or if there are inconsistencies between statements in the police report and the affidavit.

Additionally, in defending a felony assault, a Massachusetts criminal defense lawyer may want to use an investigator to interview potential witnesses in order to prepare a defense to the charge at trial. Since a lawyer cannot be both a witness and the attorney at trial, investigators are often used to ensure that a witness is available to testify in the event that a witness tells a different version of the events to the jury than what is told to the investigator during the pretrial phase of the case.