Massachusetts Criminal Defense Lawyer Blog

Massachusetts Domestic Assault and Battery Charges were brought after an alleged Thanksgiving Day Domestic Dispute. According to the report in the Attleboro Sun Chronicle and a Rhode Island news report, Nakiea Cherry is alleged to have rammed her boyfriend's car in the parking lot of Target. The Attleboro criminal lawyer in the case argued that the defendant had no intention to strike the victim's car, but simply cut the wheel too late.

The Commonwealth attempted to revoke Cherry's bail because she had an open case in another court; however, the judge denied that motion and set a $ 1500.00 cash bail. When an individual faces additional criminal charges while out on bail on a pending case, a court can order the defendant held without bail for up to 60 days. This is found in Massachusetts General Laws Chapter 276 Section 58, known as the Massachusetts bail statute.

Unlike many Massachusetts domestic assault and battery charges, it appears in this case there are independent witnesses, meaning that even if the alleged victim does not wish to testify the Commonwealth may be able to proceed with the prosecution of the case.