Alleged Victim’s Assertion of Fifth Amendment Right Against Self-Incrimination Prompts Case Dismissal Day of Trial

On the day of trial, the aggravated assault and battery charges against Brett Lovins’ client were dismissed after the alleged victim appeared in court and refused to testify, asserting her Fifth Amendment right against self-incrimination. Brett recognized the Commonwealth would not be able to prove its case at trial absent her testimony. By advising his client to refrain from pleading to the crimes pretrial, and instead requiring the prosecution to prove its case, Brett enabled his client to avoid convictions for violent felony offenses.