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... 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... 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... 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.
You could call 100 lawyers about this and they will all tell you they will fight for you! Finding a solid defense lawyer takes more time than a post- you want to look at more than a webiste too. Look at their years of experience, training, and reviews if they have them. I know some excellent... Read more »
The tow and storage fees services at Lynch (Manoli's) Towing are unfair after my vehicle was towed there after a car accident when my steering-wheel locked on April 26, 2017 ! I contacted an employee at Lynch Towing about the prices for tow storage and I was told inaccurate prices on two... Read more »
Neither. This is a contractual issue. Based on your facts as stated, you have known that your car was towed and secured behind locked gates since April 26, 2017--the date of the accident. Right?
You have also known since May 5, 2017 that the towing company charged a $455 towing fee, and... Read more »
I am assuming that either you were ordered to have no contact and stay away from your son’s father as a condition of your release related to an open criminal case, or there is a restraining order in place. If it is a condition of release, violating could lead to being placed into custody while... Read more »
How far into the witness do you look and do you share any details from those three with your clients?
Such as
places of work
Credit history or report
Detailed background information like previous addresses or anything like that
DV as in domestic violence? It really depends on how serious the case is. In many cases, the search is simply asking the court to run a witness's record. No record, no further search. If the accused knows areas that should be investigated, defense attorneys have a duty to investigate... or... Read more »
I don’t what town or what part of pa she is in
This is tricky because you waited on all your rights to address it. IF you had taken action she could have been prevented from taking the child out of state. Have you been adjudicated the Father via a signed birth certificate or a paternity action? If not you will have to proceed in the Court with... Read more »
Assume that the individual had not used drugs since the time in question.
This entirely depends on context. Possession of what drug? what quantity of it? why are they confessing now? who are they confessing to? the police or a parent or what? You haven't really identified enough information to fairly assess it for you.
It sounds like you have your answer, at least initially. The judge said there’s enough there to go forward with the case. That doesn’t mean the DA can prove their case, though this does not appear to be a case that is bound for, or should go to trial. This is a matter that might beat be... Read more »
Probation automatically go away? I violated by blowing a.10 into my scram device. Not a new case, not a crime.
Don’t just roll over. Probation officers can be reasonable. Rarely but they can. You don’t want to do another year. Find a lawyer. Line up programs options reasons for why this happened and get reprobated. Particularly if this is your first violation
I am the victim in the domestic violence case, but I do not wish to have the no contact order. We live in separate states and have a very sick child, who just had surgery and will be have another. Surgery soon.
You may choose to contact the DA's office to inform them of your preferences, and if you so decide, you would be wise to communicate this through your own attorney for your own protection. The DA decides whether to pursue criminal charges, and they may decide to subpoena you to testify against... Read more »
IF I CALL THE POLICE WILL THEY BE ABLE TO GET IT FROM HER AND WILL SHE BE ARRESTED?
Nobody can predict what the police will do. If she stole your property, you can report this theft to the police. You would be wise to consider reporting this to your bank to protect your assets. More details are necessary to provide a professional analysis of your issue. The best first step is an... Read more »
If drug tests conducted by the police department and its labs show that a person was not in possession of any illegal drugs, then that would typically not result in a related drug possession charge. If a related charge is brought, then such negative lab results would make for good evidence. More... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
