- Jurisdiction
- Massachusetts
7 months ago I was wrongfully accused of a serious crime that I did not commit. In Massachusetts, Home Invasion carries a minimum penalty of 20 years in prison. The wrongful accusation and erroneous filing of charges has left a scar on both my psyche and criminal record, which I am in the process of attempting to have expunged/sealed. My (very expensive) Harvard attorney did not offer advice relating to potentially suing the police department or court for wrongfully or exaggerated charges. I was arrested, placed in jail, bailed out, placed on an ankle bracelet for approximately 7 months while the case dragged on. After the initial false statements by unreliable and untruthful witnessess, the supposed witnesses did not show up to court to testify. The initial charges of home invasion were later refiled and reduced 7 months later to much less significant charges - breaking and entering and A+B with a deadly weapon and attempt to collect a drug debt. Is the refiling of the charges direct proof and evidence that the police negligently or intentionally filed severe charges based on my history with the local department? If I could produce a witness or witnesses who would testify that they heard police unfairly incriminate me in a prior case, would that have any effect on the ability to sue? I am dumbfounded how I can be arrested, spend time in jail, bail out on a requested $50k and spend months on house arrest and following months on the bracelet, worrying about charging it every night. Facing GPS alerts which interfered with my professional job as a dental hygienist. Suffering emotional torment over the thought of the possibility of 20 years in prison for something I didn't do. I understand I could sue the witnesses, but by the police filing amended charges which were significantly reduced and the case dismissed the same day i was re-arraigned on amended charges, is that enough evidence of misconduct? Knowing it took 7 months and filing those severe charges based on the statements of uncooperative and unreliable witnesses?