I hosted a house party that became rather loud. The police came and busted the party and now I have a criminal complaint for violating Mass. Gen Laws 271-53 which is keeper of a disorderly and noisy house. I did the background into the statute and case law and this is usually used for repeat offenders and for serious incidents like a brothel or place of gambling.
I want to be able to sit for the bar exam so I would like this dropped or reduced to a non criminal offense. Can I talk to the prosecutor to have the case dismissed in exchange for community service or a fine?
If you have received a summons to a Clerk-Magistrate’s hearing you have a good chance of getting this dropped and no having no record – if you have an experienced attorney at you side. If you have been arrested or summons’s to an arraignment you still have a chance at minimal sanctions including the possibility of a full dismissal or a CWOF, but you will have a criminal record and some explaining to do to the bar.
It is never a good idea to represent yourself in a criminal proceeding, and where you have so much at stake I would advice retaining counsel. And – do no speak to the police or prosecutor until you have counsel.
Just because you read a statute or went to law doesn't mean you know how the law REALLY is practiced. You've sunk too much time and money into a legal education to risk it now, especially where such charges can lead the Board of Bar Overseers to decide that you lack good character. Hire an experienced criminal defense attorney who already knows how the clerk magistrate and the prosecutors at that courthouse tick.
Reading statutes and case law will not substitute for retaining an experienced criminal defense attorney. Law school does not teach you how to handle clerk's hearings or obtain a dismissal prior to arraignment in District Court. You SHOULD NOT speak to the prosecutor. Even criminal defense attorneys charged with a crime would not do that. You'll end up incriminating yourself, or giving a false statement- either way, you're putting your future in jeopardy. I don't think that a charge like this in and of itself will have any consequence as to whether you can sit for the bar exam or not, but you should have a lawyer handle it for you.
www.urbelislaw.com
I agree with the others, that with so much at stake you should speak to an attorney instead of trying to go it alone, hoping that the prosecutory will take pity on you. I don't want to suggest that your assessment of the case is inaccurate-- you could well have an excellent case-- but no matter how intelligent you are, you still lack knowledge of procedure. And as others have stated, even experienced defense attorneys don't represent themselves (in fact, they would much less tend to than ordinary folks).
Note that depending on the state(s) in which you intend to be admitted, you may still have to report even charges that are dropped at a clerk's hearing. For example, looking at the current version of the Massachusetts bar application (linked to from
http://www.mass.gov/bbe/bbedocs.htm
), question 12(a) asks, "Have you ever been charged with or been the subject of any investigation for a felony or misdemeanor other than a minor traffic charge? If yes, state the dates, courts, details and results." Question 12(c) asks, "Have you been a party in any other legal or administrative proceedings? If yes, explain, including dates."
Based on the possibility that how you dispose of the case might affect your bar admission in some way, you might want to seek out a defense attorney who also has some experience with bar admissions issues in your target state(s) for admission after law school. I would hope that one rowdy party wouldn't translate to bad moral character in anyone's view, but the devil is often in the details. Good luck with your case.
Experienced criminal defense attorneys who get into trouble (and it does happen) do not represent themselves. They retain good and respected counsel to represent them. Go thou and do likewise.
Alisha S. TomasinoFamily Law AttorneyWellesley Hills, MA ·
Were you arrested or summonsed to court for a clerk's hearing? It is likely that you may even be able to keep the complaint from issuing (in other words, to keep your record entirely clear), at a clerk's hearing, depending on whether your background and the specifics of this case. If you were arrested, it is important to speak to the DA about what they are willing to do in an effort to help you in your future endeavors.
Like the other lawyers who replied, I do suggest speaking to an attorney about this.
Good luck!
Alisha Tomasino
781-860-9500
