Joseph M. Pacella’s Answers

Joseph M. Pacella

Springfield Criminal Defense Attorney.

Contributor Level 7
  1. I had an accident with property damage. Dui. Should I get a lawyer?

    Answered almost 2 years ago.

    1. Timothy F. Sullivan
    2. Joseph M. Pacella
    3. David S Katz
    4. Kent W Underwood
    5. Michael Lynn Walker
    6. ···
    8 lawyer answers

    Absolutely need a lawyer who specializes in DUI cases. Pleas for a DUI involve serious fines, license loss and insurance complications as a major motor vehicle offense. A plea can serve as the basis for a first offense whether or not there is a disposition less than a conviction if you are assigned to a school in most states. No one should consider representing themselves in any state concerning these offenses. Your insurance company can require that you submit to a recorded statement...

    8 lawyers agreed with this answer

  2. Can i be covicted of dui drugs for driving while smoking synthetic marjuana

    Answered over 1 year ago.

    1. Dominic L. Pang
    2. Terri D. Leary
    3. Ilir Kavaja
    4. Joseph M. Pacella
    5. Henry Lebensbaum
    6. ···
    6 lawyer answers

    The short answer is yes you can. I suggest that you talk to an experienced attorney who has worked with an expert in this area.

    5 lawyers agreed with this answer

  3. Can I sue a lawyer for blowing the statue of limitation on my case?

    Answered almost 2 years ago.

    1. Jeffrey Mark Adams
    2. Henry Lebensbaum
    3. Daniel Nelson Deasy
    4. Christian K. Lassen II
    5. Scott J. Corwin
    6. ···
    9 lawyer answers

    As indicated, you will need to speak with an attorney that handles legal malpractice. You should bring your entire file with you including any correspondence that you had with the attorney in question. You will need to show that you had an attorney-client relationship specifically to pursue to injuries related to the accident. For instance, an engagement letter or fee agreement is ideal as well as anything to show that you were in contact with him/her. Malpractice cases are a case within a...

    5 lawyers agreed with this answer

  4. How can I get a witness on the stand prior to trial?

    Answered over 1 year ago.

    1. Steven D. Power
    2. Eleanor R. Hertzberg
    3. Joseph M. Pacella
    4. Henry Lebensbaum
    5. Dominic L. Pang
    5 lawyer answers

    There is an old method of seeking special permission from the Court to take a deposition in a criminal case. It is highly unlikely that the Court would allow this since it is largely not used and the Courts do not want to see these motions filed regularly. The threshold may not be met by claiming that the alleged victim is an important part of the case but is unwilling to speak to your defense team. Your attorney could also hire an investigator to speak to this witness if she is willing to...

    4 lawyers agreed with this answer

  5. When picking a jury doest the defendant have a say in who gets picked?

    Answered over 1 year ago.

    1. Keith G Langer
    2. William A. Jones Jr.
    3. Henry Lebensbaum
    4. Corine K. Claxton
    5. Robert D Lewin
    6. ···
    8 lawyer answers

    Yes. I agree with what has been said. A criminal defendant can challenge certain jurors as of right and others for cause. I would personally favor college age jurors and stray away from persons in the medical industry.

    4 lawyers agreed with this answer

  6. I got a letter from the city of lynn saying sombody filed a illegal apartment complaint

    Answered over 1 year ago.

    1. Nathaniel A Tripp
    2. Joseph M. Pacella
    2 lawyer answers

    If this is truly an illegal apartment (ie., the property is zoned as a two family and there is a third rental unit), the inspector may require that any additional kitchen facilities be removed as part of an inspection even if the apartment is still vacant. I practice in Western Massachusetts but I have seen that ordered on several occasions. If this is a case where the inspector is looking to view the apartment based on complaints from a tenant regarding code issues only, then you need to...

    4 lawyers agreed with this answer

  7. I charged another with a&b in district court, the magistrate did not find probable cause, can I appeal this decision ? How long

    Answered almost 2 years ago.

    1. Lauren Craig Redmond
    2. Peter Eric Gollub
    3. Jessica Ann Foley
    4. Joseph M. Pacella
    5. Ilir Kavaja
    6. ···
    6 lawyer answers

    The procedure for Show-cause Hearings can be difficult to navigate on your own. I agree with what has been said, as it will hinge on who filed the complaint and that these are rarely overturned. If you were not present at the hearing and did not file the complaint or if there is another offense to charge, you may be able to file a new private complaint at the clerk's office. Obviously, the clerk magistrate will be reticent of what was already filed but you have a right to a hearing if you...

    4 lawyers agreed with this answer

  8. I was in a car accident, They are charging me with DUI. They never gave me a breathalizer, a sobriety test, or a blood test

    Answered over 1 year ago.

    1. Terri D. Leary
    2. Henry Lebensbaum
    3. Ilir Kavaja
    4. David B Pittman
    5. Joseph M. Pacella
    6. ···
    7 lawyer answers

    It sounds like OUI drugs is the charge. You will need an experienced attorney to handle this case. There is a lot that can be done depending upon the facts. You should be careful not to post anything more about this and also as to what you tell treating physicians in case medical records are subpoenaed. If you need assistance, please do not hesitate to contact me.

    3 lawyers agreed with this answer

  9. Can you get arrested for soliciting a prostitute in an email or a text mssg

    Answered almost 2 years ago.

    1. Jessica Ann Foley
    2. Keith G Langer
    3. Joseph M. Pacella
    3 lawyer answers

    Obviously the content of the emails / texts are important, but based on what you have written, you can be charged. You should discuss this with an attorney and refrain from posting any more information on this site.

    3 lawyers agreed with this answer

  10. I had a colonoscopy and had a 3mm polyp removed and the doctor didn't prescribe any antibiotics

    Answered almost 2 years ago.

    1. Joseph M. Pacella
    2. David McCormack
    3. Alison Swicker Gokal
    3 lawyer answers

    Unfortunately, insurance companies have made it very difficult to bring any medical malpractice case on a contingent fee basis in Mass. which does not have very solid liability, good causation and very large damages. Its just too time staking and expensive. This is not that kind of case we would take but I am sorry that this happened to you, and I do not doubt your sincerity.

    Selected as best answer

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