Legal Question in Criminal Law in Massachusetts

Malicious Destruction of Property, $250.00+ (FELONY)

I have recently found myself in a pickle concerning the malicious scratching of a car with property damage valued at $1700.00. I have a court summons with my friend, and I need legal advice, however, I cannot afford a lawyer. I was drunk celebrating my 21st bday the evening the event occurred and don't recollect damaging the car, however, 3 of us are being summoned for the damages. How can I protect myself and not incriminate myself when all fingers are being pointed at me?


Asked on 12/30/06, 12:50 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Malicious Destruction of Property, $250.00+ (FELONY)

You should have an attorney. You should speak to no one other than an attorney about this matter.

If you cannot afford an attorney, the probation department will evaluate your financial status. If eligible, the court will appoint an attorney for a substantially reduced fee.

If you are being summonsed for a clerk's hearing, no attorney will be appointed. It is in your interest to get or retain an attorney for such a hearing. It may make a difference in the outcome.

Should you have any other questions, contact me.

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Answered on 12/30/06, 5:43 pm
Dmitry Lev The Lev Law Firm

Re: Malicious Destruction of Property, $250.00+ (FELONY)

In addition to Attorney Lebensbaum's advice, sometimes in cases of property damage you can offer to pay for the damage to avoid criminal charges. This is called "accord and satisfaction." This should be done through an attorney to avoid self incrimination or making statements that can end up being used against you.

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Answered on 1/04/07, 12:15 am


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