Legal Question in Criminal Law in Massachusetts
Arrested
My 19 yo son was involved in an underage drinking party last year. his case continues due to the fact the he pushed a minor who receieved bodily injuries. We voluntarily went down to the local Police station the next day. He was never arrested but has been charged and arraigned. Is this a Legal flaw???
2 Answers from Attorneys
: Arrested
What you are describing is unclear. If he is arrested, and within the police report a pushing is described, then the police may have decided not to charge him.
Could you please explain?
Re: Arrested
A person does not have to be arrested to be charged. There are a couple of ways this could happen, through a show cause hearing, where he would need to get notice, or by the police obtaining a complaint and issuing a warrant or sending a summons.
If you have any further questions, please let me know. Whatever you do, do not let your son talk to the police anymore.
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