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Questions Answered by Ismail Mohammed
1 Answer | Asked in Criminal Law for Massachusetts on
Q: How to clear warrant for not finishing community service. Grandson went to Recovery America for substance abuse.

Grandson arrested for Tagging in Brighton MA. Sentanced to 18m or Community Service. He was strung out on drugs we sent him to Recovery America for help. They sent him to Calif. He is two years sober and wants to clear things and get new start. He is still in Calif. What can we do?

Ismail Mohammed
Ismail Mohammed answered on May 15, 2018

Hello,

First let me command him for getting sober and maintaining it. In order to remove a default warrant, he would need to physically be here and go to court to remove it. If he's able to show that he attended a program and is maintaining his sobriety, it is unlikely that the court will...
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1 Answer | Asked in Traffic Tickets and Criminal Law for Massachusetts on
Q: Question about getting a ticket for Operation to endanger in M.A

I was driving last night and someone was in front of me on my college campus. The street is divided by a single solid line. The person infront of me was brake checking. So I tried to go around them and then they sped up. So I went back in my lane. Well campus police saw that I was trying to pass... Read more »

Ismail Mohammed
Ismail Mohammed answered on Jan 27, 2018

You will be summonsed to appear in court. Hopefully it will be for a clerk magistrates hearing. If it is, then with the assistance of an attorney, you may be able to have the case dismissed before. A clerk magistrates hearing will determine if there is probable cause to charge you with a crime.... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: My boyfriend is in jail because my cousin said he beat me but i never said that happened its her word against mine
Ismail Mohammed
Ismail Mohammed answered on Nov 18, 2017

Were there any other witnesses? You can also testify that this never happened. Consult with an experienced criminal defense attorney.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I'm a green card holder, my wife is a F1 student in US. We married BEFORE I got GC, so can we file I-485 for her GC?
Ismail Mohammed
Ismail Mohammed answered on Nov 6, 2017

Good afternoon,

Thank you for reaching out to me and I am happy to assist you. If you are a permanent resident, you call file for an adjustment of status for your wife. Please consult with an immigration attorney before you do.

Ismail Mohammed

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can I be arrested at court?

The cops were called

Ismail Mohammed
Ismail Mohammed answered on Sep 5, 2017

Hello,

You will be formally charged with assault and battery on a family member. If you don't have a record, you should be released on personal. Plus, don't make admissions online.

1 Answer | Asked in Criminal Law for Massachusetts on
Q: what is a dibenedetto motion? and can I file this prior to an arraignment?

I was accused by ex boyfriend of threatening him because he had filed for a no harassment order against my spouse.. which I knew nothing about. I had made a phone call about our shared daughter and was in turn threatened and told him I was going to the police. he beat me to it. However, I had... Read more »

Ismail Mohammed
Ismail Mohammed answered on Aug 24, 2017

Hello,

A debenetto motion is usually filed later on the case, where there is no probable cause for a criminal charge. Your case is probably a triable issue for a jury to decide.

Ismail Mohammed

1 Answer | Asked in Criminal Law and Municipal Law for Massachusetts on
Q: I'd like to know in your professional opionion what I should do with a criminal case in Maryland.

On October 18th, 2013 I failed to appear in court in Worcester county for a small possession charge (less than .2 grams. I was smoking a joint the summer of 2013 when I was stopped by officers who confiscated a small joint roach (the end of the joint) and arrested me on the spot. I failed to appear... Read more »

Ismail Mohammed
Ismail Mohammed answered on Aug 15, 2017

Good afternoon,

If the possession is for under an ounce of marijuana, the case should be dismissed. I would suggest you call an attorney in Massachusetts. You will have to appear in court to get the default removed and hopefully have the case dismissed the same day. You will not be able...
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2 Answers | Asked in DUI / DWI for Massachusetts on
Q: Can you be charged with a DUI if you're stopped by police and it's discovered you were smoking marijuana, or do DUIs

just cover alcohol consumption?

Ismail Mohammed
Ismail Mohammed answered on Jul 10, 2017

You can be charged with an OUI drugs for smoking marijuana. The officer should have had a drug recognition expert conduct some tests to determine if you were under the influence. Speak with a criminal defense attorney.

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2 Answers | Asked in Criminal Law for Massachusetts on
Q: A drug Warent was issued for 64

A drug Warent was issued for 64

Now I turned 64 a and 64 b into one apartment. (They didn't know that)

But legally at city hall it's still listed as 64 a and 64 b ( two apartments)

do the police have a right to raid 64b and 64a???

Ir does the warrant have to be... Read more »

Ismail Mohammed
Ismail Mohammed answered on Jul 1, 2017

Your attorney should look at the warrant. If it's defective because of the address issue then there might be a motion to dismiss or suppress.

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2 Answers | Asked in DUI / DWI for Massachusetts on
Q: Can I be punished if I'm stopped by police and refuse to answer questions about how much I've had to drink?
Ismail Mohammed
Ismail Mohammed answered on Jun 20, 2017

You have every right not to answer that specific question. That can be an incriminating statement that the police can use against you. You also do not have to take the field sobriety test or the breathalyzer.

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2 Answers | Asked in Criminal Law, Domestic Violence, Federal Crimes and Probate for Massachusetts on
Q: If there is a aggravated assault and battery case but it was an accident can the state drop the charges

If he hit my phone out of my hand and it hit my stomach and im pregnant it was an accident can they drop the charges if i tell the DA that it was a accident and he didn't intentionally try to hurt me or the baby?

Ismail Mohammed
Ismail Mohammed answered on Jun 6, 2017

You are allowed to speak to his attorney before.

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2 Answers | Asked in Criminal Law for Massachusetts on
Q: Case dismissed by clerk in March-no probable cause- but I just received another summons for same charge!

Is this legal!? How can they do this!

Ismail Mohammed
Ismail Mohammed answered on May 8, 2017

Typically a new complaint will not issue unless they said they would continue the case for x amount of months with the condition that you do not violate those conditions. Speak with an attorney so they can find out what happened.

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1 Answer | Asked in DUI / DWI for Massachusetts on
Q: Got in an accident - I have a medical marijuana card so it is in my system - will the charges be different?
Ismail Mohammed
Ismail Mohammed answered on May 8, 2017

Were you charged with an OUI drugs? If so, there are certain steps to the police need to take in order to charge you with OUI or get a conviction.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: My wife has recently obtained her citizenship through Naturalization. Am I eligible to apply for citizenship?

My wife has recently obtained her citizenship through Naturalization. She is an active duty (Reserve but on active duty status since she is in a-school now). We have been married over 5 years and we both obtained our green cards 2 years ago. Now that she is a citizen and a military member, Am I... Read more »

Ismail Mohammed
Ismail Mohammed answered on May 8, 2017

Hello,

If your wife is a U.S. Citizen, you can become a permanent resident through her. If you already received your permanent residency five years ago, you are eligible to be become a citizen. Please speak with an experienced attorney.

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