When a relationship breakup turns into kidnapping charges

Dear friends:

We want to share with you one of our latest client’s success stories, which demonstrates that even when things turn bad, hiring the right legal help and following your attorney’s instructions, can make the difference. If you or any member of your family needs a lawyer for criminal defense, immigration or personal injury, you may call our office and schedule a consultation with one of our experienced attorneys in our Boston office at 617-303-2600 (ext. 0) or request the appointment online.

James was in the second grade when his family brought him to the U.S. He was not excited about the prospect of the change, leaving his friends and family behind, but as a 9-year-old boy, he had no choice. His parents worked hard to provide a good life for him and his siblings in the United States and he, in return worked and studied hard. Just about the time that he was accepted with a scholarship to a private university, he received his green card. James was a good athlete and student at college and he even managed to graduate earlier than the rest of his class and was in the process of starting a master’s program in healthcare. During his college studies he met Lucy. They dated but eventually James decided to break up with Lucy, and he started a relationship with a girl in the grade below them, Amy.

Even though he had done well in school and was in a good relationship with Amy, James encountered some unfortunate events. First, he fell on some ice and fractured his ankle. Then, his ex-girlfriend Lucy started interfering in his relationship with Amy. James thought that if he returned to campus and spoke to Lucy, he could at least resolve the problems in his relationship. He stood for a long time outside her dorm room, one cold afternoon just before winter break. When Lucy returned from her classes, she did not want to speak with James. He was frustrated but he understood. He asked only that she drive him back to his car in the visitor’s parking lot because the walk would be difficult with his crutches.

There are two versions of what happened next. According to the initial police report, James kidnapped Lucy, locking her in her car and striking her repeatedly across the face. However, James’ version is that he never locked Lucy in the car. How could he? He was not driving and did not have the keys. He did not assault her at all, but merely reached for her phone because he noticed that she was recording their conversation without his permission. Unfortunately, the government believed only the initial version of the story, and as a result, James was arrested and charged with kidnapping and domestic assault.

The criminal and immigration lawyers at FitzGerald Law Company noticed that James had only had his green card for 4 years and if he was found responsible for these criminal charges, he would likely be detained and deported by immigration. Despite James’ impeccable record with no prior criminal charges, excellent grades, strong work references, being the first person in his family to go to college and even the opportunity get into a master’s program, the government wanted him to be found guilty and proceeded to bring the case to trial.

While preparing for trial, the criminal defense attorneys at FitzGerald Law Company, noticed that the police report indicated that Lucy had done something illegal. The criminal law in MA does not allow a person to make a recording of someone’s voice without their permission. Lucy had indicated to the police that she had recorded James speaking, so the criminal defense lawyers at FitzGerald Law Company filed a motion with the court to exclude Lucy as a witness. The basis of their request was, that Lucy had the right not to testify at the trial because if she did testify, she would have to admit to committing a crime. The court allowed Lucy to exercise her right not to testify, excluded her as a witness, and dismissed the charges against our client as there were no other witnesses to the alleged wrongdoing.

Our immigration, personal injury and criminal attorneys have a successful track record litigating and defending different cases. We would like to invite you to follow us in Google+ and Facebook and if you have been one of our clients, we would appreciate it if you write a recommendation of our firm.


Desmond P. FitzGerald,
And the FitzGerald Law Company Team

Successful track record serving the Massachusetts Community for over 20 years with all their legal needs in Immigration, Criminal and Personal Injury Law

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