Legal Question in Criminal Law in Massachusetts

Re: Under age getting caught with fake id

The arraignment is the formal reading of the charge-you should retain an attorney and maybe the charge can be disposed of at the arraignment.

Re: Under age getting caught with fake id

Hopefully this goes to a clerk's hearing. If not it is usually dismissed on costs.

If you need assistance, contact me.

Re: Under age getting caught with fake id

The Arraignment is where she is formally charged with the crime. Unfortunately, you probably should get her an attorney. Chances are the Commonwealth (District Attorney) will not make a federal case out of it. However, I am assuming that your daughter has no previous criminal record. It would be a shame for her to mar her record with this minor infraction. A good lawyer may be able to get something done that will keep her record pristine. No guarantess, but under the right circumstances, I have been successful in doing just that in similar situations. If I can be of assistance let me know. If she goes in alone, she probably won't get anything more severe than probation, but even that would leave a permanent mark on her criminal history.

Re: Under age getting caught with fake id

Usually she will just be asked if she will get her own attorney and a plea of not guilty will be entered.

But if she has an attorney with her they may be able to arrange a pretrial diversion which may avoid a criminal record assuming she does not already have one. Good Luck!