Legal Question in Criminal Law in Massachusetts

son was found with one beer and a nip in trunk because when the cops came to help him unlock his door, when they opened the trunk so he could get his backpack, where the keys were, they saw the beer. no driving was invoved, he is 16 1/2. whats going to happen? they were talking "quaf" but now they say they may recommend something where he has to write an essay and other things, like community service. can you advise what might happen to him? thanks


Asked on 2/15/10, 3:24 am

1 Answer from Attorneys

Christopher B. Coughlin Coughlin Law Group, PC

They were probably talking about the "Juvenile Diversion Program." It's an alternative disposition program funded to keep first time criminal offenders (under age 17) from having a criminal record. It only applies to certain offenses and would require your son to complete community service, write an essay, and a few other tasks. If they are offering this option I highly recommend it. This will keep his record clean as a whistle (which is increasingly important in todays highly competitive college/job application process).

The other alternative is to allow him to be arrainged and either fight the case or take the "continuation without a finding" (aka CWOF). These cases can be tough for the state to prove (some feel it requires them to have a chemist test the substance to prove it's alcohol), but is the risk of conviction worth it with what's at stake (in addition to having a record, a conviction on this charge results in a liscense suspension for your son). No matter what the reason the booze was in the trunk (ie even if it wasn't his), if the juvenile diversion option is on the table it' a no brainer.

If you'd like to discuss this further feel free to call my office and ask for me. I'd be happy to give you a few minutes of phone time to go over your sons options with you (as a free phone concultation). Good luck.

Read more
Answered on 2/20/10, 3:42 am


Related Questions & Answers

More Criminal Law questions and answers in Massachusetts