answered on Apr 15, 2022
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.
answered on Sep 4, 2021
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.
answered on Aug 20, 2021
Yes, there are a fair amount of us who offer flat fee consultations.
I just received a letter yesterday for driving with suspended license ( which I didn't know was suspended ) because I had not received any notification stating that my license was suspended. I was stopped the officer October 2020 he took my license and he was the one that informed me of it... Read more »
answered on Mar 6, 2021
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.
I want to see my daughter - even supervised. I am fighting the charges but how can I see or call her? Should I try to modify the order?
answered on Nov 5, 2020
You could file a motion to modify the restraining order to allow for visitation.
the person who called is an alcoholic and was in bed not knowing anything and just assumed the worse mean While the person i was arguing with was off her medication and not her normal self and I had left to De-escalate and came back the next day to collect my belongings to then find out and my... Read more »
answered on Oct 22, 2020
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... Read more »
answered on Sep 18, 2020
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.
She said that he punched and kneed her in the face for not cleaning the room i was there the whole time but i was never really question on by dcf not the police she had no injuries consistent with that hes been in her life for a long time we all live together.
answered on Aug 23, 2020
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... Read more »
He has a public defender. Being denied funds by judge to help in his defense to prove innocence. Happened in his home, attacked by three other men. Hasn’t even been to trial. He knows he took two lives, one man survived whom he didn’t even know. He owed one of the now deceased money. Whole... Read more »
answered on Oct 16, 2019
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... Read more »
answered on Jul 28, 2019
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... Read more »
Does the case start over in the legal process or does it begin where it left off in district court?
My daughter in law was arrested for intent to distribute heroin and fentanyl. The case was moved to superior court. She’s out on bail. I’m curious if the legal proceeding start all over.
answered on Jun 24, 2019
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.
I was a student in MA back in 2015/2016. I was stopped by police and my insurance had lapsed. I thought I would receive a ticket but due to unforeseen circumstances I had to quickly move back home (to Florida where I currently reside). I changed my address and what not but I... Read more »
answered on Jan 26, 2018
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.
My bf called the police on me because I was out of control intoxicated. Since he could not calm me down he was looking for help. They asked if he wanted me arrested he said no. We both hit each other I hit him first but my story was all over the place I know because I was inebriated and my bf... Read more »
answered on Jan 1, 2018
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... Read more »
I would like to know if a search was legal, lack of due diligence on the police's part, if I have a reason for a motion to dismiss. And a possible subsequent civil case
answered on Jan 1, 2018
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?... Read more »
I hIt the back of a parked car and left the scene. There was nobody in the area, no people were injured and I did not see any damage to the car (mine was fine). However, apparently there was a witness and there was damage. The police contacted me and I met them at my car within the same hour. I was... Read more »
answered on Jan 16, 2017
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... Read more »
The neighbors called it in. He’s been a good dad and never has there been any abuse before. I asked the cops not to press charges. Is there any way to get the charges lowered?
answered on Nov 22, 2016
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... Read more »
How can police get wrong person, right name and address.
answered on Oct 28, 2016
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... Read more »
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