Sometimes, even lawyers get confused about the law. Take Lynn, Mass. lawyer who thought that if he destroyed a case file, somehow the case against the defendant would not proceed. Ilya Ablavsky was arraigned this week on charges of tampering with a record, document, or other object for use in an official proceeding and for larceny under $250.
The reports of his motivation are confusing, but what is certain is the allegation that Ablavsky arrived at the courthouse on Wednesday, November 3, obtained a court file from the Salem Superior Court Clerk and shredded it, according to The Boston Globe. The file contained court documents relating to the murder case against Jose Cabrera, accused of a gang-related murder which took place last Halloween.
Possible psychiatric issues notwithstanding, it is unusual for an attorney to believe that he could aid a criminal defendant merely by destroying his case file. Certainly, the need to replace documents could slow the process down, but not end it. According to The Salem News, Ablavsky believed that if he destroyed the original criminal indictment (found in the file along with lists of evidence, orders on pre-trial motions, etc.) the court would not be able to try the case. This is not correct. Prosecutors have backed-up digital versions of many documents on computers.
The Salem News reports Ilya Ablavsky did not seem to be completely rational during his arraignment. Despite his recent actions, however, according to the report, his license to practice law remains active. He is attempting to represent himself.
Related Resources:
- Lawyer Accused of Shredding File in Bid to Win Freedom for Murder Defendant (ABA Law Journal)
- Arraignment (FindLaw)
- How are criminal charges brought against someone? (FindLaw)
- State Courts In-Depth (FindLaw)
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