The Patriot Act

My question involves criminal law for the state of: Massachusetts

I was wondering if I could have my case fall under the domestic terrorism clause in the patriot act. All parties involved in my case are trying to have the charges dropped but the DA will not listen to anybody. A friend was thinking that if this is brought before a federal court that they would see it for what it is and dismiss it. Disturbing the peace not Domestic Assualt and Battery

Any thoughts on this tactic...
Anybody ever hear of this being done...

I also believe that my rights under 14th amendment for due process have been violated. Since the police pressed my GF for a statement that she unwilling to give. She was not the caller in my case.
There are other questions I have but I will search the other post before I bother the forum with them..

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Quoting cantthink

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My question involves criminal law for the state of: Massachusetts

I was wondering if I could have my case fall under the domestic terrorism clause in the patriot act. All parties involved in my case are trying to have the charges dropped but the DA will not listen to anybody. A friend was thinking that if this is brought before a federal court that they would see it for what it is and dismiss it. Disturbing the peace not Domestic Assualt and Battery

Any thoughts on this tactic...
Anybody ever hear of this being done...

I also believe that my rights under 14th amendment for due process have been violated. Since the police pressed my GF for a statement that she unwilling to give. She was not the caller in my case.
There are other questions I have but I will search the other post before I bother the forum with them..

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This has NOTHING to do with the "Patriot Act". This is also not a federal issue at all.

It is very common for states to proceed with DV cases when the victim does not want to cooperate. In fact, more than 75% of DV victims will recant or change their stories - many will even commit perjury or claim to have LIED to the police in order to protect their abuser.

Yes, the police CAN press a person for a statement whether they called or not. They cannot beat her with a hose, but they can grill her for the story pretty extensively if they wish.

Your friend can bring his concerns up with his attorney. if the victim does not want to cooperate with the prosecution, the defense might be able to use her ... heck, if she gets on the stand and admits to lying to the police, she might go to jail instead of him - maybe he'd like that.

- Carl

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Quoting cantthink

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My question involves criminal law for the state of: Massachusetts

I was wondering if I could have my case fall under the domestic terrorism clause in the patriot act. All parties involved in my case are trying to have the charges dropped but the DA will not listen to anybody. A friend was thinking that if this is brought before a federal court that they would see it for what it is and dismiss it. Disturbing the peace not Domestic Assualt and Battery

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If you are talking about a Federal court dismissing a state criminal charge it is EXTREMELY rare a federal court will halt a/intervene in a state prosecution.

There is case law to this effect, but as I said, it is very rare!!