YES! Absolutely he must attend and participate in the hearing either "personally or through counsel." Usually an attorney would relate all the information to the clerk that you would otherwise have to testify to.

The clerk's hearing where the application for complaint... View More

Even if you drop charges or say you don’t want to press charges, the prosecutor can still continue the case. Domestic violence cases are handled by the state, not by the victim alone.

• Trying to recant can sometimes make the situation worse for both of you — prosecutors often view... View More

You are getting way ahead of yourself, and should wait to review this with a lawyer. Most of the time an OUI is accompanied by a neg op. There is no path to having it removed because you think the police report doesn't reference it. If you were driving under the influence of alcohol, almost... View More

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answered on Jun 6, 2025

You’ve raised a very serious issue, and you're right to be concerned. Allegations involving verbal threats at school can potentially lead not only to criminal charges but also to indefinite suspension or expulsion, depending on the school district’s policies and state law. The impact on... View More

A & B is a misdemeanor, and you are entitled to have this preliminary hearing. The law states that you are entitled to be heard personally, or through counsel. Usually an attorney would relate all the information to the clerk that you would otherwise testify to. However, some clerks might... View More

Ideally, you should contact a Criminal Defense Attorney. These hearings are very important and at yours, the magistrate will decide whether you are officially charged with a crime or not. If successful, the case would be dismissed with no record of it on your criminal background. If you are... View More

Your next step should be to consult with an attorney in order to prepare for the clerk magistrate hearing. This is a very important step in the case. If you can convince the clerk magistrate not to issue the complaint against you, then the matter is dismissed and you will never be formally charged... View More

Don’t jump right to punishment, as there could be a defense for your case. Hopefully you get a good lawyer appointed. If you do end up deciding to resolve the case with a plea, though, you may be able to secure a continuance without a finding (“CWOF”), which is kind of like a delayed... View More

I am not sure I understand whether your caregiver had a valid Power of Attorney, meaning one that you did actually sign, and then that caregiver signed your name (which you believe is a forgery) to another Power of Attorney to include her sister

OR whether your caregiver never had a valid... View More

This seems pretty outrageous as you describe it! There are other ways to press the complaint, epending on how you already went about it, which you do not describe. You can also file a complaint at the POST Commission here: https://policecomplaints.mass.gov/complaint and let them look into it, or... View More

Based upon the facts that you have set forth in your email, I believe that it would be difficult for the Commonwealth to directly tie you to the handgun. The Commonwealth would have to prove that you possessed the firearm. Absent any other information such as a video of you with the gun or witness... View More

First, I’m sorry to hear that you are being charged with a crime you didn’t commit. No attorney can give you odds of success. However, I’ve tried a number of gun cases with similar and worse facts and ended up with acquittals, so you definitely have a decent shot at walking away from this.... View More

With a felony conviction, you are currently ineligible for a license to carry. However, you may be able to file a motion to withdraw the conviction (called a "Motion for New Trial"). In order to assess the potential path for such a motion, you should gather all of the court record,... View More

In order to attempt to regain your firearm license the first step should be to apply to your local licensing authority. Most likely, the police department. If it is then denied, an appeal to the applicable court would be the next step.

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answered on Mar 25, 2025

Hello, it is unfortunate that you are not receiving the level of representation that you deserve. I will say, criminal defense attorneys can often be very busy and have numerous cases, so communication sometimes suffers. Prior to asking for a new attorney, you may want to reach out to the public... View More

Yes, you are legally permitted to report a theft you witness, even if the individual involved is a minor. However, it's important to keep in mind that incidents involving minors are often handled differently than those involving adults. Law enforcement typically approaches these cases with a... View More

Hello,

The answer depends on the specific facts of your case and how serious the government or prosecution views the incident involved. Based on the information you have given, if you have no prior criminal record or involvement you will most likely not end up at a juvenile facility or in... View More

First, you are asking about a Florida case, and that state's law would apply as to rules of evidence.

It seems like you are asking a question out of curiosity, rather than having a legal issue that needs some guidance by the lawyers that volunteer thier time. Please respect that the... View More

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answered on Jul 26, 2024

If your property is stolen or your identity is used by someone else, it can be concerning to think about how it might be used. In court, evidence must be authenticated, meaning the court has to be convinced that the evidence is what the person presenting it claims it to be. If someone is... View More

If your property or identity is stolen, it could potentially be used as evidence in court by an impersonator. However, the legitimacy and admissibility of such evidence would depend on various factors, including the ability to prove the theft and the identity of the true owner.

Intellectual... View More