The Lawrence Eagle Tribune reports that the death of a Salem, Massachusetts man might be the product of a Domestic Violence incident occurring in Gloucester yesterday. A man in an apartment complex heard a noise loud enough to cause him to look outside. He then saw the victim on the ground in the parking lot. The victim was bleeding from his left side. The police responded and located a forty-three year old Haverhill man whose truck had either run over or somehow hit the victim. After questioning the man, James Hayes was released. Hayes is the father of the victim's girlfriend's daughter. A witness reports that Hayes had been arguing with the victim just before the incident. No arrests have been made nor have any charges been filed.
Lawyers Who Defend People Accused of Domestic Disputes in Essex County
This article highlights why prosecutors in Massachusetts take Domestic Violence cases so seriously. They are often afraid that death or serious bodily injury can result if the situation is not diffused. Oftentimes the district attorney will ask for a high bail or for detention pursuant to Massachusetts General Laws Chapter 276 Section 58A to make sure that the accused cannot get out of jail and further assault the victim.
Interestingly enough, in some counties in Massachusetts detention is requested on every case involving an incident of Domestic Violence. Placing form over substance in these matters is not, in my opinion a prudent way for prosecutors to proceed with Domestic Violence cases. Judges can become numb to routine detention requests. Prosecutors applying this strategy risk blending the more serious cases with the less serious cases. While some judges might routinely rubber stamp a request for detention others are liable to question the integrity of the prosecutors and release people who might actually deserve detention. The Massachusetts Criminal Lawyer you hire should be someone who is familiar with the practices of the district attorneys in the county where you are being prosecuted as well as with the judges who regularly sit there. Selecting the right lawyer to defend you can make the difference between freedom and being held in jail while waiting to have your case heard on its merits.
Here is something else that interests me about this case. Why did Hayes talk to the police? Most people believe that no harm can come from talking to the police if you have nothing to hide. Most Massachusetts Criminal Defense Attorneys disagree with that statement however. Police usually ask questions designed to elicit a particular answer. The questions are not usually open ended. They are pointed and innocent answers can be interpreted as representative of criminal responsibility. Again, my advice is to never talk to the police without first discussing matters with an Experienced Criminal Lawyer.