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The Commonwealth requested that the Court deny my motion to withdraw my guilty plea. The reasons were not given in a professional manner. The reasons for denial were very poorly investigated. The letter amazingly sloppy and amazingly careless and without merit. Why did the Judge ask the district... View More 
answered on Jul 28, 2018
The Judge sent it to the District Attorney because all Motions must allow for hearing from both sides. In addition, if the DA's office wanted to agree it simplifies the hearing and the Judges allocation of time. If they object, then the judge knows they have to schedule an adversarial hearing... View More
Sorry Physical custody not permanent
answered on Jul 21, 2018
No-you cannot remove a child from his parent in Massachusetts without permission of the Court thathas jurisdiction on your case. You will need to file a Modification, as you were told, but the proceeding will address the removal. The Court has many factos it will consider in determining if you can... View More
answered on Jul 13, 2018
Maybe- that depends on your prior criminal history, your ability to make restitution/pay back the money, and whether it is a misdemeanor or a felony. It may also matter if you are in a rural Court in MA or a busier court in greater Boston, Worcester, Springfield etc. If it is a very 1st offense... View More
answered on Jul 10, 2018
This could go a few ways. You may be charged with either shoplifiting or larceny, depending on the value of what you took and returned. You may get a notice to appear for a hearing before a clerk-magistrate and have the opportunity to shape the charge or have it resolved there. OR you may get a... View More
My partner was arrested and they were told there's a no contact order but I never filed one could there still be one and when would I be served.
answered on Apr 11, 2018
If you were involved in the arrest of your partner as a witness or complainant, then at his arraignment the Commonwealth requested a no contact order on your behalf. If you did not request it, or they did not speak to you about this at all, you may want to call the local Office of the District... View More
answered on Apr 11, 2018
There are no laws that make it illegal per se, unless he hacked into it and committed a cyber crime. There are many variables in play here otherwise. That might depend on who holds the account for the phone, who purchased it, and whether any family funds paid the bill for it; or whether it was... View More
there’s this boy who I’ve known since I was 14 and he wanted pictures of me so he asked I said no and he asked again but he said “Do it.” And it kept going on and off until he stared to blackmail me again saying if I don’t do what he’s asking he’s gonna expose me to the world. This... View More
answered on Apr 11, 2018
I am a bit unclear whether you ever gave him the pictures and now he wants more, or he is just pestering you for them.
If he is truly blackmailing you by threatening to expose a picture of you publicly, that is called extortion, and is also a cyber crime and criminal harassment. Screen... View More
She pays bills off of this account also.
answered on Apr 11, 2018
Yes, especially if she is using the resources in that bank account for her own bills and interests, rather than his.
If it has not been disclosed on her financial forms before be sure to let the Court know. They will not be happy about an undisclosed bank account in her name, that she... View More
We may be splitting up and everything is in His name. I'm on disability SSDI and have no where to go. What are my rights to anything Will he have to pay me Alimony?
answered on Apr 11, 2018
Sorry to say, there won't be any alimony. You will only have rights to anything if there was a contract about that. For a review of this issue, see: https://www.mass.gov/guides/massachusetts-law-about-unmarried-couples
answered on Apr 10, 2018
No- when you get the notice from the Court telling you the date and time to show up for your hearing with the clerk- magistrate, do it. Plan to arrive at least 20-30 minutes before the start of your ticket hearing too. They will expect you.
answered on Apr 10, 2018
Certainly if you have the money to do so. However, if you are on a Junior Operators license you could have some serious consequences like a 6 mos license loss. Telling your parent might help them get you a lawyer to assist in managing the consequences and file the ticket appeal. If you do pay it,... View More
answered on Apr 10, 2018
Not on a parking ticket usually. Cities and towns are almost relentless in collecting all the fees they can. If the ticket goes unpaid long enough, the fines and fees will accrue and your right to operate in MA eventually impacted.
At a self checkout machine at a supermarket there was a problem when finalizing the payment. A message prompt on screen” wait, help is on the way” My friend waited while bagging his groceries. Some time went by and nobody approached him to help. He walked out of the store confused with the... View More
answered on Apr 10, 2018
It seems to me that THIS TIME your friend may get by without a criminal prosecution. This might depend on whether the store had a security camera inside and outside, and whether the license plate of his vehicle or ID becomes known. Some stores have a 'take no prisoners' approach to... View More
Cops gave my girlfriend a search warrant the box is checked off that they could not enter the premises at night time the cop still entered at 9 p.m. is that a mistake can I get the case thrown out
answered on Apr 10, 2018
Sadly, no. Massachusetts cases have repeatedly defined night time warrants as between 10:00 pm and 6:00 am. The 9:00 pm search is valid based on the time question. However, there are many other issues lawyers routinely examine in a search warrant, such as, the basis of probable cause, whether there... View More
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