Your question just cannot be answered as it has too little factual information. Was he on probation for the 1st when the 2d happened? are you on board with the prosecution or not planning to testify? Are there photos/medical/hospital reports? Generally the more serious any injury impacts the case... Read more »
I was told I would be summoned to court. I am also in the process of trying to get a job and was wondering if this would be shown on a background check before I actually get summoned, after I get a letter to be summoned, or until I actually attend my court date. I was also wondering what the... Read more »
This will not show up on a backround check until you are arraigned and the formal criminal process started. However, this can be a serious crime that many students don't realize until something like this happens. Under Mass. General Laws c.90 § 24B It is a '5 year felony' which simply put means it... Read more »
i got the name of the subject from other workers that claim they dealt with them in the pass the detective thinks they look similar comparing the photo i gave and the one already on file with the police when this goes to court what happens if it isn’t the same person? will i go to jail? for... Read more »
Dear Questioner,
Thank you for your question.
Based on what you have mentioned it seems like your concern is that you may have misidentified the potential shoplifter. Misidentification is a process in which someone in good faith believes that they have identified the right... Read more »
Dear Questioner,
Thank you for your question.
Anytime the police ask you a question you are not under any obligation to answer it. This includes during a 'polygraph' or lie detector test. However, police can always ask you a question if you are not in custody. They can certainly... Read more »
Physical abuse victims have many resources, but what about those being harassed, slandered, stalked & tormented by a malicious sociopath? Sociopaths strategically execute their schemes covertly, staying “under the radar” which keeps them just inside the law so they avoid exposure & criminal... Read more »
Dear Questioner,
Thank you for your question.
Without knowing more specifics about your situation, I cannot give you direct legal guidance, but I would say that one option that may be available to you in Massachusetts is obtaining a Chapter 258A or Harassment Prevention order.... Read more »
Multiple leases signed over the course of this fiasco. Is there any way to sue for reimbursement for timeshare being exhausted, multiple hotel and resort stays plus the mental pain and suffering from all of this?
I would need more information to give an answer. I've worked with most timeshare companies, but I'm not entirely sure what happened. It's possible there's a breach of contract claim, but that would largely depend on the agreement and additional facts I don't have. Feel free to reach out if you'd... Read more »
It is both technically speaking. The larceny statute covers many kinds of thefy, including larceny by fraud, trick, deceit etc. If this is a straightforward failure to pay the police might treat it as civil and defer it. The limo owner can still try to obtain a criminal compliant, but you would... Read more »
How can I report the guy cause I fear for my sister's safety and my mom won't believe my sister
You can alert any mandatory reporter, who is obliged to notify DCF and/or the police. That includes doctors, nurses, teachers, daycare workers, therapists of any kind, social workers, and many more. However, if this happens they may ask your sister and depending on her age the directness may make... Read more »
My credit. I don’t want to instigate him but he’s relentless. He absolutely has mental health issues and I have proof of that too. Will he automatically get fired if I file?
There isn't a lot of background information included in your post to answer your question fully. I would recommend calling an experienced attorney to discuss your concerns in more detail.
However, if your safety is at risk, your safety takes priority over someone's career and the police... Read more »
My husband and I rented a condo in Norton, MA. We have the contract. Landlord put camera at front door and one of the bedroom. Landlord also did not fulfill the contract because they have their dad staying there for two months. They were our friends so we did not want to make a big deal. I personal... Read more »
In my experience as a criminal defense attorney, my first suggestion would be to go to the police to report that you've been video recorded in the bedroom of the apartment you were living in. Provide them with as much proof as possible of these videos, as well as a lease/contract to show you had... Read more »
Out of curiosity. Does MGL 215 Section 2 appoint someone to be a special process server with law enforcement powers in Massachusetts?
Someone sent me a text/ picture showing he is authorized to serve any and all process, including arrest warrants under that law and given powers “to keep... Read more »
Although I have not seen the photograph you received, and I cannot comment on the authenticity of what you received, here is what the law that you inquired about says:
M.G.L. 215, Sec. 2 outlines Superior jurisdiction; presumption:
Probate courts shall be courts of superior and... Read more »
If I missed my arraignment date but went to the courthouse and filed a motion to vacate default, paid bail/bond and got a new arrangement date. And the clerk tells me that I no longer have a warrant. And I have complied with the terms of BailBond conditions,
Can the prosecutor bring Bail... Read more »
No- I have never heard of such an event in 35 years of practice. I am not even sure MA law has a 'bail jumping' law as you say. The penalty for bail jumping is your bail is forfeited to the state if one was posted, and they set a new bail usuallyhigher or double the old one to ensure you show up.... 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 »
Even if he had a private lawyer, he would still not receive the funds.
an alcohol evaluation from a licensed therapist. How can they do that??
The RMV makes its own rules...basically.
Make sure you find the right therapist and answer his or her questions satisfactorily.
You got this.
Will they move my trial up and put me in jail for pretrial probation violation
They will not usually move up a trial dates as they are booked so tight. It sound like maybe you were on a pre trial diversion or given opportunity to not have case on record but the failure of doing thre drug test could be huge impact. You best have a very good explanation for missing it. IF you... Read more »
My husband had court Monday and took probation he lied and Sid he had no one to pick him up so the jail is bringing him to court Friday to b released to probation. He is saying he is moving to Florida that day. Could a judge have already agreed to his move even tho he hasn’t been released and... Read more »
No, that is not a likely scenario at all. Transferring probation out of state requires a lot of forms to be filled out and the other state accepting the probationer. In addition, you have to provide an address where you will be living and that address has to be verified as well. It is doubtful the... Read more »
FB still showed him in a relationship with their original anniversary date. Her name did not show as they were no longer friends. He thought he could just update the anniversary date to when we met, which he did. For some reason FB tagged her in it & updated the relationship status as them together... Read more »
I'm surprised that your question says that "His attorneys are making it sound like he has no chance". It's not clear to me if those attorneys are licensed in AZ or MA, but my professional opinion - based on the information you've provided above - is that the person has a more than fair chance of... Read more »
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 »
(Mass General law Chapter 265, Section 25 governs extortion.) ... Extortion is a criminal offense whereby an individual obtains property or money by any type of force and threats of 1) violence, 2) property damage, 3) harm to reputation, or 4) unfavorable government action.
Mother is... Read more »
Putative father should rather than get into the nuances of whether there may be a criminal proceeding instead bring forward a Paternity action in the Probate Court where the child is born/living to establish paternity and seek visitation as well as child support orders.
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.
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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