My friend and I got into a fight outside a bar in Berlin. The police witnessed it and arrested us both for assault but neither wants to press charges against the other. So, is there anything we can do, like refuse to press charges so the whole thing goes away?
Unfortunately once the matter is in the Commonwealth’s hands, the District Attorney has the power to decide to prosecute and may do so if he has enough evidence to do so. There are a number of things that you both may do to avoid prosecution but you should speak to an attorney about a possible accord and satisfaction or a decision to invoke the 5th Amendment right not to testify or provide evidence. Under no circumstance should you try to negotiate with the District Attorney without legal counsel.
Berlin Criminal Defense Attorney Stephen G. Morte provides legal representation in the area of criminal defense to individuals in Berlin, Massachusetts and the surrounding communities including: Bolton, Hudson, Marlborough, Northborough, Boylston, and Clinton.