Legal Question in Criminal Law in Massachusetts

Re: juvenile failing to stop for police on an atv

The 60 days in a juvenile detention center statement is what is called a "Bail Warning" and anyone charged with a crime is advised of it. It is up to the District Attorney's office whether to ask that the person's bail be revoked the next time in to court--they have to show that the person was previously advised of his/her bail warnings and that it would be a danger to society to have the person on the street. I tend to doubt that they would do that in your son's case. If you would like to discuss the cases further with me-I can be reached at 508-587-9111 or after hours and weekends at 617-835-8733. Martha Kovner

Re: juvenile failing to stop for police on an atv

Our firm regularly practices in the Lowell Juvenile court.

Whether your son is committed for a period of 60 days will involve a court analysis of all relevant facts concerning the danger posed by him to society at large, his prior record (if any), His lack of a record and your representation that his acts were not dangerous, tend to mitigate in his favor. I concur that he is unlikely to be held, HOWEVER, the feelings and personal views of the District Attorney will affcet that decision.

With respect to the charge of your son's driving a motorized vehicle (ATV) on a public street/highway, this is a serious matter.

Should you wish to discuss your son's case, feel free to call our office at 978-250-4255.

Re: juvenile failing to stop for police on an atv

I live in Lowell and practice in the Lowell Juvenile court. The answer in regard to your son's status, depends on all the facts in the case and your son's criminal history. If he doesn't have a record, and doesn't appear to be dangerous, I do not think they will hold him. However, the answer depends upon the District Attorney's feelings and desires. Should you wish to discuss to matter, please feel free to give my office a call at 978-250-4255.

Re: juvenile failing to stop for police on an atv

Sounds like a summons is going to be issued for his appearance. It is not only up to the DA, it is also up to the judge. Getting police attention for the same misconduct within a week will probably be considered to be a slap to the court. While committment for up tp 60 days is discretionary, this is the very type of situation that the Court warned. I think there is a good chance, barring a considerate DA or judge, and barring some good arguments why your son should stay on the street, that could and would cause his detention.