Legal Question in Criminal Law in Massachusetts

Fighting a MIP of alcohol in Massachusetts, age 16 at time, now is 17. Is this something I can try to fight in court for my son, without having to hire a lawyer? Lawyer want $2800. The hearing is next month. Son and two friends in accident (skidded on black ice - flipped truck). Alcohol was in bed of truck - not in cab of truck. No DUI charges against driver. Empty beer cans, broken bottle of tequila and unopened bottle. Also charged with no seatbelt. 3 kids in truck - 2 seater truck. How do they know who was wearing one and who wasn't? They were all standing outside of truck when help came. I want this to be absolutely no record, not just a dismissal. Do I need a lawyer to fight this? Or can I wait till I've at least given it a shot? Thank you!! :)


Asked on 3/04/13, 2:41 pm

1 Answer from Attorneys
Victoria Nadel Victoria L. Nadel, Esq., http://www.vlnesquire.com/

Do you need a lawyer to fight this? No. Your son does. If you can afford to hire one for him (assuming at 17 he cannot afford his own attorney), you should. Collateral consequences, even of juvenile records, can significantly affect someone's life. In Massachusetts, people who represent themselves are held to the same standards of knowledge of law and procedure as those represented by counsel.

If you and your son are comfortable with the lawyer who would charge $2800, and you can afford that, hire him. Otherwise, find another: you are looking for value over cost.

Make sure the attorney understands the stakes for your son, is familiar with juvenile court and practice, and can explain the process clearly to you. Some great attorneys will charge less; others with fewer skills will charge more. Oddly, it is not always the case that expensive lawyers are better: some of the best criminal defense attorneys in Massachusetts are public defenders.

Good luck!

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Answered on 3/05/13, 10:51 pm


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