Results 1 to 3 of 3
  1. #1
    Join Date
    Jun 2009
    Posts
    2

    Default Drinking in Public (of Age) in Massachusetts

    My question involves criminal law for the state of: Massachusetts

    I wrote more than enough but bear with me..

    Record -
    I have read in related posts that drinking in public is often an ordinance violation. I'm seeing now that drinking in public is a criminal offense in MA?. If that is correct, what is necessary to bar employers from seeing this? Dismissal would prevent it from posting to records, correct? Otherwise it needs to be expunged?

    Entrapment -
    I was displaced from the establishment by the arresting officer. Leaving, I was gestured by the officer to come closer. I had just stepped onto the sidewalk (public property) to speak with him.

    I tried to reason with the arresting officer in a calm and respectful manner. I explained that I was leaving the establishment at their request and had just stepped on to public property again, at their request. I was told 'shoulda thrown it out, stupid'.

    There were no trash receptacles between the exit and public property. Otherwise I would have been littering, right? I respectfully explained this situation (sans the littering rationale).

    Mediation -
    Can we just get out of court? Such a harmless and low degree charge, whats the likelihood they'll drop it down?

    Dismissal/Leniency -
    What are the chances of this being thrown out all together? Either by means of improper conduct (entrapment wasn't the right term but you know what I mean) or plain sensibility? I feel like anyone would have a hard time proving beyond reasonable doubt that it was my intent to drink in public.

    Prejudice -
    I look young. I'm of age but I look young. Without letting my opinions dissuade any potential responses, Ill just say that everyone, law enforcement included, makes mistakes. If I were picked out of a crowd (no dispute, I was) on the basis that they assumed I was underage and later had to cite public drinking in lieu of MIP, could that be of any use to me?

    Fines -
    How much? If I'm found guilty and assessed a fine, how much will I expect to pay? Ive read everything from $25-1200..

    'Attorney Fees' -
    If I choose to take a public defender, is it free? Ive heard judges, in closing, list amounts due and mention attorney fees when a public defender was present.

    Thank you in advance for any and all responses!

    edit: first offense/completely clean record

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Drinking in Public (of Age) in Massachusetts

    If you want a meaningful perspective on local court practices, prosecutor's policies, and typical sentences, consult a local criminal defense lawyer with the specifics of your case.

  3. #3
    Join Date
    Jun 2009
    Posts
    2

    Default Re: Drinking in Public (of Age) in Massachusetts

    Its my intention to contact legal rep but I assume there must be someone here who has had or knows of a similar experience. Also, without having my checking account on file, they're not going to tell me too much..

    1. Sponsored Links
       

Similar Threads

  1. Public Intoxication: Drinking in Public in New Jersey
    By samman in forum Criminal Charges
    Replies: 2
    Last Post: 08-22-2011, 11:52 AM
  2. Public Intoxication: Drinking in Public Michigan
    By basepretz in forum Criminal Charges
    Replies: 2
    Last Post: 04-09-2011, 05:38 PM
  3. Public Intoxication: Drinking in Public in San Francisco
    By ap0258 in forum Criminal Charges
    Replies: 2
    Last Post: 08-23-2010, 04:07 PM
  4. Public Intoxication: Drinking in Public, in Las Vegas
    By NCC 1701 in forum Criminal Charges
    Replies: 1
    Last Post: 02-26-2010, 02:49 PM
  5. Public Intoxication: Drinking in Public
    By guy356 in forum Criminal Charges
    Replies: 5
    Last Post: 03-20-2009, 08:55 AM
 
 
Sponsored Links

Legal Help, Information and Resources