Legal Question in Criminal Law in Massachusetts

My friend,

You have apparently received a summons to appear in court and answer for some non-serious crime(s) and/or for a clerk's hearing to determine if probable cause exists to bring more formal non-serious chares against you. Lots of things are possible or likely to unfold for you as a matter of course... Should you desire additional assistance through this, however, feel free to let me know.

Depending on the value of what was taken, there could be a charge of larceny over $250, a felony. Do not speak to the police about this matter: your silence cannot be used against you at trial, and you will not be able to convince the police that you had nothing to do with it, and they will use anything you say (and sometimes what you don't say, after all, it could be your word against theirs if the statement is not audio or video recorded) against you. The smarter choice is to not speak to the police at all. Remember, you are presumed to be innocent until proven guilty and the burden of proving you guilty rests entirely on the prosecution. You never have to prove yourself not guilty.

You were not arrested when you were drunk the night of the party because the police did not have enough evidence to charge you with anything at the time. That situation may have changed since the night of the party, or the police may just be looking to pin the crime on someone without any solid evidence to go on. It sounds like you will be receiving a summons for a clerk magistrate's hearing or an arraignment. It's not uncommon for criminal complaints to be issued on less than probable cause, and a good attorney will be able to spot those situations and file the appropriate motion. Whether it's a clerk's hearing or an arraignment, it is best to go in with an attorney to protect your rights and to discover as much about the Commonwealth's case against you as possible, and to help you develop a strategy that is in your best interests. I handle criminal defense cases almost exclusively, and i would be happy to speak to you about your case.

Best of luck,

There is no way to tell what the cops are trying to do. However, what you should do is DO NOT SPEAK WITH THE POLICE AT ALL and do not speak to anyone else about this situation. If you do receive a summons in the mail, contact me or another attorney immediately. The police do not have to arrest on the scene. They may request a criminal complaint from the Court (Clerk Magistrate) which can either result in a summons for the charge or for a Clerk's Hearing, in which case they are asking the Clerk of Courts to decide if there is sufficient basis to issue a criminal complaint. In either case, what I said above appplies. DO NOT speak with the police or anyone else about this except your attorney and hire an Criminal Defense lawyer immediately if you get any type of summons.