My now ex boyfriend has been sexting my 13yo daughter. can i file charges. My daughter insists nothing physical happened, but the texts were very explicit.
Preserve the evidence and go and speak with the nearest child sexual assault unit of your local District Attorney's Office.See question
Two years ago the government created a case against my neighbor- hit and run. The lawyer keeps changing the date of this case. That he cant be there at that day while he can be at a different court. They keep changing the date of the case without...
The defense attorney does not represent you and is not responsible for letting you know the date. You should contact the victim witness advocate and ask that the Commonwealth request a first trial out status or advocate against further continuances. They should be keeping you informed of all court dates so that you can show up and participate in the system. Sometime justice takes time.See question
My bf got charged with assault and battery against me late July. He was given a no contact order, stay away. I contacted him first just asking why...it led to us meeting up, hanging out a couple times, but he's back on his abusive behavior over te...
You can report it and show that he is in violation of the release condition, which could result in his bail being revoked. You can also seek a restraining order if you are in fear. I suggest that you contact your local police department or the District Attorney's office (via victim witness advocate) to discuss with them.See question
I just learned that my neighbor has mental health with history of PTD. She has been on disability over 20yrs. This explains why she is so obsessed of harassing my family since we 1st moved in. This information scares my family even more for our s...
You have to show three instances of criminal harassment. Her mental health is a factor if it makes her unstable, etc. However, it is more important to approach the hearing as a mini-trial. Do you have witnesses? In Massachusetts, it is illegal to videotape someone without their knowing, however you can hold up and tell her that you are taping her using your phone, etc. Sometimes installing a video camera with no audio either secretly (to catch the bad acts) or in an obvious position (to deter them) is the answer. You want to show that you town has a leash law, etc. and explain why the Defendant is responsible for the dog's behavior, ie., she dropped the leash or laughed at the result, etc. Good luck!See question
I did leave the scene but next day I gave the lady all my information I can't afford an arty. And don't know what to do. I know police came and took pictures of my car. I didn't answer the door. I really don't know what to do. But marks don't add...
Chicopee PD likes to bring charges so you need to consult with a local attorney who will know your rights. This may be something that results in a Show-cause hearing being issued. There is a lot that an attorney can do for you, even if there is probable cause, to try to keep the charge from going to complaint. Even if you own the car, the police need to prove who the operator was in order to bring a complaint, so I would not call them nor give a statement. They may already have this from your interation with the other party. The police also need to issue a citation in short order and there are defenses to delays that occur after the police knew who the operator was, so again talk to an attorney.
Joseph M. Pacella, Esq.
1380 Main Street, Suite 202
Springfield, MA 01103
This is an interior bathroom in a one bedroom apartment.
Not sure how it works in NY, however in Massachusetts our State Building Code takes into account whether or not a significant portion of the building has been renovated. If it has, then the whole thing needs to be to code. Also, we have state sanitary codes. For instance if this was causing mold or unsafe conditions within the apt., then the landlord may need to address it. You might check with your version of the Board of Health.See question
I had to move to Massachusetts in August of 2012. I had bought a vehicle from a "buy here pay here" joint due to credit issues. I was able to pay the note until now. I notified the dealer to pick up the vehicle. The message I received was that I h...
You might ask them for a copy of the contract to have an attorney review it. However with that said, contracts cannot alter or create new criminal law. So, it really depends upon who has title to the vehicle. You can breach a contract for taking the vehicle out of state but you cannot steal a vehicle that you technically own.See question
My car hit an object in the road. Both tires on the driver side went flat. Control was lost of the car when this happened. To avoid hitting a car, I maneuvered the vehicle onto the curb. The once on the curb the car was stopped when a tree stump w...
I agree that you should hire an experienced attorney. It is also good that you did not make any admissions as the police may be able to locate the correct vehicle through the fluid trail, but they have to prove beyond a reasonable doubt that you were the operator and not someone else using your car. This is very difficult. This should be scheduled for a show-cause hearing if possible and your best chance of getting rid of it is to retain and bring counsel. A lawyer can speak on your behalf and ask the officer questions about this deficiency.See question
I got my first dui on christmas eve and have no criminal or previous record
Consult with an attorney who is privy to the actual evidence in the case. But sometimes you can get two bites at the apple in a first offense OUI case unlike any other statute in our state. I have had success doing this in several counties in western mass. Under chapter 90, section 24D, a defendant is supposed to plead guilty and then move the Court for a CWOF after they have completed the requisite program and all the fine and fees. The statutory scheme was supposed to provide an incentive to get people to complete the program sooner than later during their probation which would make them a safer driver, as the defendant would have a criminal conviction on their record until this happened. Judges and lawyers hated this as people like yourself would rather try the case if they could not get a CWOF, so in all Courts that I am aware, the Commonwealth and judges agree to cut to the chase and do an illegal sentence to a CWOF up front. It also was bad because the Court was burdened by having to have theses cases brought back to court just for such a motion.
My point is that the OUI statute technically provides for a situation where you take the case to trial; lose; and still get a CWOF. If you win great. If you lose, after completing the program and paying fines, etc, your counsel can move the Court to convert it to a CWOF. When you have no record, it is highly unlikely that a Court will not allow it. Some judges/lawyers may not even be aware of this and technically it is discretionary, which means you are putting yourself at the mercy of the judge ruling on it, but with no record and no aggravating circumstances (accident, reckless driving, person or property harmed, etc) then you might seriously consider going to trial.See question
I'm currently charged with deriving support from a prostitute in superior court . There is only one witness / informant who may testify against me who is a known heroin addict. The DA is trying to get me to plead out but I would like to know wha...
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 talk, but I am assuming that that was already done and not fruitful.
You could always plead out after she testifies at trial. Just because the trial starts does not mean that you cannot pull the plug and offer a plea if you believe that the testimony will result in your conviction. However, this is dangerous as the prosecutor's recommendation may change and the sentencing judge will have more information from the alleged victim that may increase the sentence.See question