Legal Question in Criminal Law in Massachusetts

Do we need a lawyer

Our son (12 yrs old) was involved in a fight with another 12 yr old. Our son threw the other boy's cell phone, he says to the police officer believes at the other boy. The other boy caught the phone it was not damaged. The police officer has written it up as assault with a dangerous weapon. Our son says the other boy hit him first, the other boy says our son hit him five times in the head. The police officer did not say that the other boy had suffered a black eye or split lip or any other physical damage. Our son says he hit this boy twice and threw the phone back to him. Both boys have witnesses to back up their version of the story. The police have indicated that they believe the other boy. The officer said that he would be sending a summons to us. It would be to appear not before a judge but someone at the court house who would decide if the case needed to go before a judge. The police officer also told us that the other parents wanted to settle this matter with an apology, which we agreed to but since our son did not change his story he said it was up to his discretion and he was going to send the summons. Should we hire a lawyer for our son at this point or wait to see if we have to go before a judge?


Asked on 11/09/06, 8:18 am

1 Answer from Attorneys
Martha Kovner Law Offices of Martha J. Kovner

Re: Do we need a lawyer

If your son is summonsed in for a clerk magistrate's hearing or for an arraignment, you should definitely hire an attorney to be there on your behalf. Assault with a dangerous weapon is a serious felony charge that you would definitely not want on your son's record (even if it is a juvenile matter) Often, cases can be resolved at the clerk's hearing stage with an attorney present. Hope that this helps. Please feel free to contact me further. Martha Kovner

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Answered on 11/09/06, 2:20 pm


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