a few questions about court summons in mass

This is a discussion on a few questions about court summons in mass within the Arrests, Searches, Seizures forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; I had an incident with the police while living in a dormitory at a state university in MA. I was ...

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Old Jun 25th, 2009, 09:49 AM   #1
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Default a few questions about court summons in mass

I had an incident with the police while living in a dormitory at a state university in MA. I was questioned about possibly breaking & entering (the girl claims i opened her door but it was partially open) and for yelling at her in a way that caused her to notify the resident director who called the police.

The police eventually left and an arrest was not made. I was allowed to stay in my dorm until I left for the summer that following Wednesday and so did the girl and her roommate so obviously I was not perceived as a threat. I graduated that weekend. No further interactions occured between me and the police or the female and her roommate.

A week later I received a phone call at my home from one of the officers who informed me I would be receiving a summons which I now just recently received in the mail. I have to appear for a Magistrate's Hearing. I understand this is not a trial but rather a cause hearing. The charges are being filed by the school police department although allegedly the female involved and her roommate signed statements.

The charges are: Destruction of Property under $250, Breaking & Entering and Annoy/Accost Person.

I won't bore you with my story of the events but I did have a few questions...

1. The destruction of property (liquid was spilled on the girl's door which she claims ruined some belongings on the floor underneath) instigated a response from her which lead me to yell at her and get the police called. However, I was not the person who "destroyed" the property. I was across the hall in another room when an acquaintance of mine do it without my fore-knowing or approval. He thinks the whole matter is hearsay but I just want these charges dropped and will tell the magistrate that he did it, not me.
...How far will this matter go if I accuse him? He will likely not come forward or admit as he just got cleared for a disorderly conduct arrest which was in violation of his probation. Obviously he is not anxious to get back into the court room.

2. I'm presently unemployed and fresh out of college. However, I live with my middle-class family...does that mean I cannot hire a public defender because of their income? Also, I was told by the town's public defense that they do not meet with me until the actual day of the hearing. Is this so? The story is pretty long and complicated so I obviously need more than a few minutes to prepare and talk to someone. However, some of the lawyers I contacted charge as much as a few grand for the hearing alone!

I'm determined to have my slate wiped clean. The whole incident is really a mountain made out of a molehill but the charges, as you can see, are fairly serious for a graduate looking for employment. If anyone could offer some advice it would be really, really greatly appreciated.
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Old Jun 25th, 2009, 02:04 PM   #2
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Default Re: a few questions about court summons in mass

Sorry about all of this. For these relatively minor charges, you may not qualify for court-appointed counsel. The meeting right before the hearing is fairly typical. Keep in mind this is not the time to adjudicate the case on the merits, so the conference with the prosecution is informal and more of a chance to try and settle (plea) the case without trial. The bottom line is this. Hire a lawyer if you can. If not, appear in Court, enter a plea of not guilty, and request the appointment of a public defender. Hope it all works out. AJJ
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Old Jun 25th, 2009, 05:28 PM   #3
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Default Re: a few questions about court summons in mass

Thanks a bunch. I've spoken to a few lawyers on the phone and it does seem the best option is to hire one in advance. The costs are quite high for me. But if it gives me greater chance of having these charges dropped so I can live my life without such charges on my record than it's well worth it. Most of this seems built on hearsay and the cops at the university are known to be extremists so hopefully I can get this over with at the hearing and it will not go to trial.
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Old Jun 25th, 2009, 05:29 PM   #4
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Default Re: a few questions about court summons in mass

Also, the fact that I graduated and I am living hours away from the university help I suppose.
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