ALLEGED ASSAULT BY A FATHER ON HIS TEENAGE DAUGHTER DISMISSED IN LAWRENCE DISTRICT COURT

On September 29, 2012 LF left his home to find his 17 year old daughter who had run off in the middle of the night with two unknown men. He found her and attempted to get her to get in his car. She resisted. He called the police and got himself arrested for assault and battery on his daughter.He went to Court the next morning to get arraigned. He tried to explain what had happened and that it was he who had called the police. His daughter was present at Court and tried to speak on his behalf but the DA and the Judge would not hear any of it. LF was arraigned; he was told to get a lawyer; and he was told not to abuse his daughter. His case was continued to November 28. LF retained Attorney Robert Lewin. It appeared from the police reports that the daughter had in fact assaulted (kicked) her father. It became clear that the daughter had a Fifth Amendment right to remain silent. Counsel was obtained by the daughter. The daughter’s lawyer recognized that the Daughter could herself be prosecuted for Assault and Battery and that it was in the daughter’s best interest to exercise her Fifth Amendment right to remain silent. Attorney Lewin spoke with the Assistant District Attorney and explained the situation that the daughter would not testify against her father and that the daughter would exercise her valid Fifth Amendment privilege not to incriminate herself.Normally, the District Attorney’s Office refuses to dismiss these cases at the pre-trial and insists that everyone come back for the trial date.On November 28, 2012 LF and Attorney Lewin appeared in Lawrence District Court for a pre-trial hearing. Attorney Lewin explained the situation to the Judge. The Judge called the daughter and her lawyer forward. The Judge inquired of the daughter regarding her Fifth Amendment privilege. The Judge accepted the Daughter’s exercise of her Fifth Amendment privilege. Attorney Lewin moved the Judge to dismiss the case right then and not make everyone come back on a later trial date. The DA relented and the Judge ordered the case dismissed. Getting the case prepared well in advance and making certain that all the necessary persons were present at the pre-trial brought about this very favorable result.