Legal Question in Criminal Law in Massachusetts

I was charged with 2 counts of vandalism for kicking a door jam and paint chipping off the door jam. No other damage other than paint chipping off. I have pictures of the damage to prove it was minimal . I also got charged with disorder conduct. This was in Massachusetts . Is this a big deal or could I work out something with the prosecutor. I was bailed out a about 5-6 hours after my arrest. My bail was $200.00 I think it was high due to the fact I live out of state. I had to go to court the morning I was bailed out for araiment. This happen on marther�s vineyard and their was no judge on that day so they gave me a court date. I Called down to the court house to ask how to get a public defender and the lady on the phone told me I would not qualify for a public defender. She told me this before she asked any questions. I am out of work and collecting unemployment. I can�t afford a lawyer. What should I do. Any help would be appreciated.


Asked on 3/20/10, 6:26 am

2 Answers from Attorneys
Christopher B. Coughlin Coughlin Law Group, PC

I have been to MV District Court many times. They can be very reasonable there. I'm surprised they would just deny you a court appointed without conducting an intake/evaluation, but it was probably because you haven't formally appeared yet. In only the rarest of circumstances would an attorney ever be appointed before your arraignment (e.g. maybe on a murder or a rape case). On the day of your arraignment make sure you go to probation first and ask for an attorney.

Vandalism is a big deal, it's a felony. What were the circumstances surrounding your actions? Was it a weekend rental, an ex's place, a spouse's house, etc... That will make a difference as to how you proceed. Depending on the circumstances, and your record, you may be able to work out a deal where you fix/replace the damaged property and they dismiss the criminal case. Without knowing more about the facts of the case, or your particular background/situation, it would be hard for me to accurately guesstimate what will happen.

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Answered on 3/25/10, 11:58 am
George Davis Law Office of T. George Davis, Jr.

My law practice is based on Martha's Vineyard, so I am very familiar with the District Court there. I agree with Attorney Coughlin that there must have been some miscommunication when you called about your eligibility for a court-appointed lawyer. When you are in court for your next appearance, I suggest you show up a little early and report directly to the Probation Office, where they will get information from you and evaluate whether you are eligible for a court-appointed attorney.

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Answered on 3/26/10, 5:05 am


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