Legal Question in Criminal Law in Massachusetts

Re: settlement = no court date?

The attorney for the store is offering a civil settlement that will not result in dismissal of the criminal charges unless the store requests the District Attorney to nolle pros or the court to dismiss the criminal charges upon payment of the amount of the items taken which you would then have a right to own. The criminal attorney representing your son should be coordinating all of this as the store may be offering to release you as parents for the liability for your son's actions not your son who would remain the defendant in the criminal case which only the Commonwealth can discharge. Good Luck!

Re: settlement = no court date?

The criminal charges and the "settlement" offer are not related UNLESS the attorney's will extend an "Accord & Satisfaction" or the court will enforce one. Anything should be in writing.

Re: settlement = no court date?

The lawyer is offering you a "civil" settlement. He can not remove the criminal charge. Only the court can do that. Unless the District Attorney agrees to drop the charges upon payment of the $250 it will not release your criminal liability. Tell the civil lawyer to meet you at court on the day of your hearing and then have your criminal defense lawyer work out something that satisfies everyone.