For Open And Gross Lewdness And Lascivious Behavior, the prosecutor has to prove the following elements:

First: That the defendant exposed his (her) (genitals) (buttocks) (or) (female breasts) to one or more persons;

Second: That the defendant did so intentionally;

Third:... View More

You can’t do an appeal, but you may have grounds to file a motion to withdraw your plea if you have sufficient grounds (aka “motion for new trial”). A criminal defense attorney can evaluate the case and discuss your options.

If the case ended with a dismissal, you can petition the court anytime. If it was a conviction, you need to wait 3 years for a misdemeanor or 7 years for a felony. I do a lot of petitions to seal, so feel free to call if you have any questions: 781-797-0555.

Yes, there are a fair amount of us who offer flat fee consultations.

If you’re able to reinstate your license and retain an attorney before going to court, you may be able to get the case dismissed fairly quickly. It may even be possible to get the case dismissed prior to arraignment, meaning that the charge would not appear on your record.

You could file a motion to modify the restraining order to allow for visitation.

What do you mean you waived your rights to a lawyer? If you have the financial ability, you should hire a defense attorney. If not, you should request the court to appoint a public defender. Even if you didn’t do anything wrong, this is too important to try to handle on your own. You need... View More

The relative should be able to get an update on the case by going to the clerk's office at the courthouse where the case is pending and asking to look at the file.

The best thing you can do for your boyfriend is to make sure he has an excellent criminal defense attorney. Domestic violence charges - probably "assault and battery on a family or household member" - are prosecuted quite harshly in Massachusetts. It sounds like you will make a good... View More

You have at least a couple options. Your brother can ask the judge to assign him another court appointed lawyer, or you can call around and try to find a private defense attorney who would be willing to take the case either pro bono or at a reduced fee. I have certainly agreed to that when... View More

It doesn’t sounds like an assault with a dangerous weapon. There are two versions of assault in Massachusetts:

In order to establish the first form of assault — an attempted battery — the prosecution must prove beyond a reasonable doubt that the defendant intended to commit a battery... View More

The short answer is that the case starts over again in Superior Court. Many of the procedures are the same, but not all. And the stakes are much higher. Hopefully your daughter has an attorney experienced with Superior Court cases.

It may be possible to avoid a trip to Massachusetts if you hire a criminal defense attorney here. No guarantee that the judge will agree to waive your appearance, but I have been able to do it successfully for several out-of-state clients.

The best thing you can do for him is to make sure he has an experienced criminal defense attorney. Unfortunately at this point, the prosecutor will not likely dismiss the case just because you ask them. Domestic violence allegations are often pressed hard by the prosecution. I have had many... View More

With any type of search, a good criminal defense attorney will scrutinize the police’s actions leading up to the search. The remedy may be to file a motion to suppress evidence. If successful, the case would likely be dismissed. Was there a search warrant, or was it a warrantless search?... View More

Based on your description, I'm guessing you'll get a notice to appear for a clerk magistrate hearing. Keep an eye out for your mail, as these notices come in an envelope from the court. For your information, these are the elements of Leaving the Scene:

1. You operated a motor... View More

With domestic allegations, the police almost always make an arrest. And even with your protest to the police or the District Attorney's office, the case is going to be pushed forward. Unfortunately, any discretion that the prosecution used to have in domestic violence cases seems to have... View More

If you received a summons in the mail, it means you have to go into court on a specific day regarding the allegations against you. Unfortunately the police get the wrong person sometimes, which is why we have defense attorneys and jury trials. You may want to go into the courthouse ahead of time... View More