New Bedford, MA asked in Criminal Law for Massachusetts

Q: what is a dibenedetto motion? and can I file this prior to an arraignment?

I was accused by ex boyfriend of threatening him because he had filed for a no harassment order against my spouse.. which I knew nothing about. I had made a phone call about our shared daughter and was in turn threatened and told him I was going to the police. he beat me to it. However, I had coworkers sitting beside me listening to the conversation as I placed the phone call from work. At a show cause I was charged with intimidation of a witness.

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1 Lawyer Answer

A: Hello,

A debenetto motion is usually filed later on the case, where there is no probable cause for a criminal charge. Your case is probably a triable issue for a jury to decide.

Ismail Mohammed

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