Legal Question in Criminal Law in Massachusetts

It's a little late in the game to be offering an opinion as to what type of disposition/sentence his attorney can work out. I will say this, home invasion is a VERY serious charge. There is a minimum mandatory sentence of 20 years in prison. Your sons attorney will either attempt to work out some sort of plea that will spare him that kind of exposure, or will be left with little alternative other than to try the case.

Depending on the circumstances, a bed in a residential treatment program might not be an option. It depends on the facts of the case, the strength of the evidence against your son, and the level of compassion the judge or DA has for him.

As you're already all to aware, your son's habit has him really up against it this time. No matter what the outcome tomorrow, I wish you both the best.

The answer likely depends upon your son's prior criminal record, and/or whether he has been ordered to treatment for prior offenses, which did not succeed. It also depends on the court you are in, judge, etc. However, as a general rule most judges do prefer to order drug/alcohol treatment in lieu of (or often as a companion to) any criminal punishment.

Definitely inform the DA and court your son is willing to enter treatment; this may help bring about a deal obviating need for a trial, which is in everyone's interest. It might also help if you tell the court you've spoken to a treatment center and confirmed they have space to take your son (but only do this if it is true!). This shows you are serious and not just looking for a break. McLane and Faulkner have good programs I believe, and there are others. Call a few close to where you live re: availability.

Good luck with it.

There are too many variables involved to answer your question without knowing more about his case and his circumstances. While the disposition you are seeking us within the realm of possibility, it is not a normal disposition for charges as serious as this, and my guess is that it would likely take something of a "perfect storm" of circumstances to make this happen!for your son. As one of the other attorneys said, it is a little late in the process, and hopefully your son's attorney has already looked into this option and discussed it with the DA.

It is more than late in seeking an answer.

All this information should have been available to his attorney, and it should be part of any dispositional consideration. When a lawyer goes to trial, they hope that their client does not get convicted, but should also be prepared to deal with the consequences of a conviction.

Call me with any questions.