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My girlfriend and I got in an argument in January 2022. I was drunk and being mean while she drove us home. She got tired of it, pulled over and unbuckled me and while she pulled the buckle around me to get me out of her car, she accidentally hit me. I got mad she was making me get out and walk and... View More
answered on Aug 15, 2022
The operative word in the caution is "may."
In practice, it is rare that a Court issues a warrant for a victim- it tends to discourage people from calling the police when they really need to. Generally speaking, all of us are required to advise you to follow the law. Your... View More
What should I do to stay out of trouble? She is not cooperating.
answered on Aug 15, 2022
Not sure what your question is. The relationship is over so don't contact her anymore, don't contact her friends or relatives and stay clear of any stalking type behavior or aggression to avoid legal problems.
Have you ever been convicted of any crime or offense, whether State or Federal, including offenses categorized as misdemeanors, high misdemeanors, or felonies? You should include convictions under any circumstances such as, but not limited to, a plea of guilty, Non Vult, Nolo Contendere, No... View More
answered on Aug 5, 2022
No, as phrased you do not. By definition, a CWOF is not a conviction as it did not result in a Guilty finding.
Say someone gets invited to a party in high school and there is going to be underage drinking. This person knows that but really wants to brigo cause their friends are going etc. This person however would never drink. If said party was ‘busted’ by the police and you were caught. Would you still... View More
answered on Jul 14, 2022
basically, yes, unless the police believe you were not drinking. You can ask for their breathalizer if you feel confident, but I am not sure I would trust entirely how they administer it....depending on where you live. If that were to happen, go immediately to a clinic or hospital and get a blood... View More
For example, if your wife killed someone by driving under the influence of drugs and alcohol, and they are currently in the system for future sentencing. Can a civil attorney of the victim's family take her mortgage or the estate's value if she filed jointly with her husband who committed... View More
answered on Jun 20, 2022
A Massachusetts attorney could advise best, but your question remains open for three weeks. This is something that would require more thorough analysis than solely looking at tax filing status (you mention filing jointly). Attorneys would look at ownership of the property and assets, not only tax... View More
I was in a car accident last year my insurance company considered my car totaled and I canceled the plates in April of last year before they took it. They had messed up when the tow company was coming so my plates were still in my car and I told the insurance guy I just needed an hour before... View More
answered on May 25, 2022
Unfortunately I suggest you obtain the services of a New York attorney experienced in this type of law because you are going to have to convince a judge that you are not responsible for the tickets based on your circumstances described above. You can also keep attempting to dispute the tickets... View More
So, hi:
I was put on UNSUPERVISED PROBATION back in December of 2021 and is expected to last through June 2023. I am getting a sizeable tax return and was wondering if I can travel out of state ?
answered on May 17, 2022
Even though you are on unsupervised probation, it is still probation and with that comes certain conditions. At the onset, you signed a contract or agreement with probation on day 1, and that included any orders by the Court and any standard terms of probation. Sometimes probation takes the liberty... View More
I'm disabled
Epipsy, PTSD and severe panic disorder.
After a four year criminal harassment court battle with our former duplex neighbor who was found guilty my husband who witnessed the trauma and it's damage that blew through my life. He himself after vacating our home... View More
answered on Apr 28, 2022
It sounds like you need the Probate Court's intervention in the form of Temporary Orders concerning exclusivity of possession of the home and orders concerning preservation of the asset if it is a home owned by the parties and spousal support and return of the liquidated marital funds - you... View More
answered on Apr 15, 2022
Instead of “appeal”, I think you should reflect on the more general term of “seeking post conviction relief.”
Yes, after entering a guilty plea in Massachusetts, if you have sufficient grounds, you can attempt to go back and undo the guilty plea, which is often times done based on... View More
answered on Apr 10, 2022
This is a very tricky issue. IF the criminal cases was dismissed because they accused the wrong person, or he has a complete alibi then it will make a difference. However, the burden of proof at a VOP is very different than it is to get a complaint, which requires probable cause. The lesser... View More
Like you have a valid drivers license but don't have it on your person?
answered on Apr 8, 2022
Yes- technically you are required to have your drievr's license on you. When you forget your wallet often the police will ticket or warn just for not having license in possession, which is easily cured at a clerk's hearing upon proof of the active license. However, it costs a fee to get... View More
answered on Jan 29, 2022
Well it really depends on what the shape of the "using them" looks like, and how much it smells to the police or Court issuing the process. It is almost too easy to initiate criminal process , but that does not mean it will be viable all the way to a jury trial. Here the context and any... View More
Hi! I am a former UPS driver who was terminated after an employee accused me of drinking alcohol in the UPS truck and "acting drunk". The police were called and I passed a field sobriety test. My manager required me to submit to a "drug and alcohol test" although when I went... View More
answered on Dec 22, 2021
Generally speaking, an employer can always require a drug test. However, your question appears under the heading of "workers' compensation," which only deals with workplace injuries. It belongs under the heading of "employment law," and I will defer to experts in that... View More
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.
I went to New Bedford District Court on August 24, 2021 and my Court appointed lawyer with Craig Fries, and I was totally blindsided by him because right before the judge called me,, my lawyer came up to me and said the da and me agreed to 6 months drug screens continued without a finding and then... View More
answered on Sep 4, 2021
If Probation has issued a warrant for you, then, as you probably know, you can be arrested on that warrant at any time and possibly held on bail pending any Violation of Probation hearing.
Many lawyers offer free consultations and may help you decide what your options are and see if you... View More
answered on Aug 20, 2021
Yes, there are a fair amount of us who offer flat fee consultations.
I forgot my wallet and a wristlet at a New Hampshire hotel that I stayed at over the last weekend they first said that they had it then they said that they didn't have it then they said yes we did have it but it got stolen while in our possession, and that it may have been a employee who took... View More
answered on Jul 24, 2021
As annoying as this is for you it's not a criminal question. I guess it could be IF they would tell you the name of the employee who took it. You could seek a criminal complaint against him or her. I think that would be a waste of time and recommend being professional and polite with... View More
I am a victim of Assault and Battery. It occurred on the 9th of September and I am still in physical therapy with back and neck injuries. The hospital discharge summary says Assault, as well as other medical records and also the police report. I've had a harassment prevention order extended... View More
answered on Jun 24, 2021
file assault charges; contact your local DA's office and ask for the victim assistance coordinator.
My partner is currently incarcerated, he has inherited a house from his father who recently passed, who wants to take completely ownership of the house and sell it. How does the process work and what lawyer/lawyers would I need to contact to do this. Is it best to have probate or criminal law... View More
answered on Jun 15, 2021
He needs a probate attorney to help him get the house transferred from his father's estate and into his name, and then he needs a real estate attorney (and maybe also a real estate broker) to help him sell the house.
With no details of how the guns were transported, by whom or when and only the knowledge of their location, no evidence of physically having possession of them how an I be charged with possession?
answered on May 18, 2021
Is there a warrant? Have you been arraigned? If you have a lawyer, he or she can answer that question.
If you’ve not been to court but found out about the case, you really should show up with a lawyer. Especially if you are from out of state. I know that doesn’t answer your... View More
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