Legal Question in Criminal Law in Massachusetts

Re: broken window on door

I agree with Attorney Lebensbaum. From the sound of it, the glass door was not defective or already broken, but rather was broken solely as a result of your son's actions. I assume this whole matter is now an issue because the restaurant asked you to pay for the broken glass and you either declined to do so or resisted their request. While I do not see this as a criminal matter of malicious destruction, you have not provided any information that leads me to believe that you (or your son, if he is an adult) are not responsible for repairing the damage. As long as the $450 is the actual replacement cost, I think you are on the hook.

Re: broken window on door

Retain a competent attorney to be sure that that facts can, in no way, support a finding of probable cause (i.e. that it is more likely than not) that the glass was broken intentionally by your son, and not accidentally.

Should it be clear that this was an accident, the restaurant should have insurance to cover the damage, and any insistence that you pay for something that was clearly not intentionally done, would constitute extortion and malicious prosecution, unless, again there was sufficient probable cause to support an allegation of criminal intent.

The use of the criminal process for something that is cleary more properly the subject of a civil complaint for negligence, is prohibited. Again, retain an attorney, as the difference is often difficult for even an attorney to determine, let alone a lay person. Good Luck!

: broken window on door

That he was injured does not release him of liability> I do not see this as a criminal matter, but as a civil action. I think, that if the cost is valid, your son has an obligation to pay. I assume that the restaurant was not the cause of your son's fall.

If you have questions, contact me.