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Questions Answered by Joseph B. Simons

3 Answers | Asked in Criminal Law for Massachusetts on

Q: Is assault w a dangerous weapon if you break a bowl when someone is in another room with the door closed

Joseph B. Simons 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...
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2 Answers | Asked in Criminal Law for Massachusetts on

Q: Hello and thank you! Can you explain what happens when a case is moved from district court to the superior court?

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.

Joseph B. Simons 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.

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Q: Can an attorney represent me to clear a bench warrant?

Hi there!

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 »

Joseph B. Simons 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.

1 Answer | Asked in Criminal Law for Massachusetts on

Q: Can I show up to my boyfriend's arraignment to help get him off domestic A&B

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 »

Joseph B. Simons 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 »

1 Answer | Asked in Criminal Law for Massachusetts on

Q: I was arrested for uttering false prescriptions and fraudulently obtaining drugs (adderall).

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

Joseph B. Simons 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 »

1 Answer | Asked in Criminal Law for Massachusetts on

Q: Left scene of auto damage but spoke with police within the hour. What can I expect?

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 »

Joseph B. Simons 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 vehicle...
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3 Answers | Asked in Criminal Law for Massachusetts on

Q: My partner of 15 years and father of my two kids was recently arrested for aggravated assault.

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?

Joseph B. Simons 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 eroded... Read more »

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1 Answer | Asked in Criminal Law for Massachusetts on

Q: Code. 94c/33/c notice received. If stopped by police would you be arrested or fingerprinted.

How can police get wrong person, right name and address.

Joseph B. Simons 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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