Under Massachusetts Law G.L. c. 90 sec. 24(2)(a) , an operator of a motor vehicle is required to stop after their vehicle is involved in an accident – this Law also applies to accidents involving parked cars or other objects, such as telephone poles, fences, guardrails, and other public and private property.
Is Leaving the Scene of Property Damage a Criminal Offense in Massachusetts?
Yes. Leaving the Scene of Property Damage is a Criminal Offense in Massachusetts. The offense is generally charged as a misdemeanor, unless there are additional factors, such as injuries or being under the influence of drugs or alcohol while operating a motor vehicle. This Law applies not only to collisions involving other vehicles being operated on a roadway, but also includes, yet not limited to:
- Parked cars on the side of the road
- Vehicles in driveways
- Cars in parking garages
- Vehicles in parking lots
Will I have to go to Court if I Receive a Massachusetts Uniform Citation for Leaving the Scene of Property Damage?
Yes. If the police issue a Massachusetts Uniform Citation for Leaving the Scene of Property Damage, the accused will be required to appear in Massachusetts District Court in order to defend the criminal charge. It is important to take immediate action as the accused, if not arrested, has the right to request a Clerk Magistrate Hearing on an Application for a Criminal Complaint prior to being Arraigned on the criminal charge.
The time frame for requesting a Clerk Magistrate Hearing on an Application for a Criminal Complaint is quite short. The accused has 4 days to file the citation in the applicable District Court / Boston Municipal Court (BMC) in order to preserve their right to a Clerk Magistrate Hearing prior to Arraignment.
In the event that the accused does not file the Massachusetts Uniform Citation requesting a Clerk Magistrate Hearing, the accused will likely receive a summons in the mail for an Arraignment Hearing and may waive their right to a Clerk Magistrate Hearing prior to the Arraignment date. Thus, prompt action is highly advisable should one receive a citation with the “crim” box checked on the ticket.
Clerk Magistrate Hearings on an Application for a Criminal Complaint
In Massachusetts, Clerk Magistrate Hearings on an Application for a Criminal Complaint is a critical step in the process. While the District Court or Boston Municipal Court will not give individuals a public defender for these Hearings, those facing criminal charges at a Clerk Magistrate Hearing are entitled to be represented by a private attorney. It is important to note that all Clerk Magistrate Hearings are recorded, and statements made by the accused could be used against them during the case. Thus, it is highly advisable to be represented by experienced Counsel at every Court hearing, including Clerk Magistrate Hearings on an Application for a Criminal Complaint.
The Clerk Magistrate Hearing will be held at the applicable Massachusetts District Court / Boston Municipal Court with jurisdiction over the location that the alleged offense had occurred.
Penalties for Leaving the Scene of Property Damage in Massachusetts
Under Massachusetts General Laws Chapter 90 Section 24 (2)(a), the potential penalties for a conviction on the criminal charge of Leaving the Scene of Property Damage are as follows:
- Jail Time: 2 week to 2 years in the House of Corrections
- Fines: Up to $200
- License Suspension: 60 day Mandatory License Suspension
Given the serious implications of being convicted for a hit and run, it is strongly recommended that those facing criminal charges for Leaving the Scene of Property Damage contact an experienced Massachusetts Criminal Defense Attorney to discuss their Case early in the process.
Massachusetts Leaving the Scene of Property Damage Lawyer
At Caselden Law, we have successfully defended charges of Leaving the Scene of Property Damage in courthouses throughout the Commonwealth of Massachusetts. Our Boston Law Firm has been able to avoid convictions for our clients and have also been able to prevent any mandatory license suspensions in cases involving hit and runs with parked cars and other objects.
It is important to note that no two cases are exactly the same. With this information in mind, our experienced firm works with our clients to create a strong legal defense that is tailored to the specifics of the accusations and the accused.
At Caselden Law, we offer free of charge initial consultations and handle Leaving the Scene of Property Damage cases on a flat fee basis in order to provide clarity on the cost of hiring an attorney to defend the charges in Massachusetts District Court and in the Boston Municipal Courts.
Contact our office to have a no obligation free initial consultation via telephone at 617-863-6447 or by filling out the contact form below – an attorney will reach out to you to consult about your case and to provide a quote for legal representation.
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