Legal Question in Criminal Law in Massachusetts

I need your advice!!! My 17 year old daughter was arrested for possession of alcohol by a minor and is scheduled for her arraignment tomorrow morning (Monday). This is her first offense...she has never been in any trouble. What can I expect at the arraignment? How should we plead? What are my chances of having the case dismissed seeing it is her first offense?

The State is Massachusetts. I appreciate any advice you can provide!!!

Thank You!


Asked on 8/15/10, 2:53 pm

1 Answer from Attorneys

Dmitry Lev The Lev Law Firm

A lot of what's going to happen depends on the facts of the case and the gravity of the circumstances. At arraignment, 3 issues are discussed: first is the entry of a plea -- in Massachusetts it's pretty much an automatic Not Guilty plea at first, to give the person a chance to fully understand all options and all rights. The second issue is the right to an attorney. A person may qualify to have a public defender appointed at a nominal cost, choose to represent themselves, or hire a private attorney. The third issue is bail, which may include conditions imposed by a judge that must be observed until the next date. In a case like yours, such conditions may include a curfew, remaining alcohol-free, etc.

The chances of a dismissal again depends on the particularities of the case. Sometimes it's possible to dismiss a case like this even before the arraignment, so that there is no record of any kind. At other times, a dismissal may come at a later date. In some cases, dismissal may not even be an option.

Good luck!

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Answered on 8/20/10, 3:21 pm


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