Kelly A. Broadbent's Answers

Can I do this without my Lawyer?

No. The prosecutor cannot speak with you if you are represented. To speak with the prosecutor about your case, you must sign a waiver of counsel. That being said, if you are unhappy with your lawyer, you should sit down and speak with the lawyer. It is his job to discuss any potential plea bargain with the prosecutor. While you do not get to choose your court appointed lawyer, if you are not satisfied, you have the option of hiring private counsel, who typically has more time to...

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I got pulled over by a state trooper in hyannis, ma and was going 83 in a 55 i am going to court monday any chance i can get out

With a speeding ticket, there are 2 levels of hearings where you can fight the ticket. The first hearing is gel in front of a magistrate. The officer is not required to be present. At this level, you have your oppurtunity to describe what happened from your point of view. You also may bring up your driving record if it is good. The clerk can either keep the ticket at the total fine, reduce the ticket, or find you not responsible. If you do not like the result, you may appeal the ticket in...

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Can I set a budget for my attoreny and if she goes over, then its her problem?

Some attorneys will agree to a flat fee for representation. Also, Massachusetts permits limited representation for family law, which permits an attorney to file an appearance to deal with a specific issue in the case such as just the pretrial conference, or just deal with child custody. This may be a good way to stay in budget and not incur excessive legal fees. Keep in mind though, if you do have an hourly retainer, that it is typically the client's ongoing issues that cause the day to day...

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What kind of paper i can file against my ex

You could file complaint for modification to change the visitation agreement. If you believe your ex is lying to the children and that they are scared, you can ask the judge to do an investigation with a GAL. Allegations of molestation are taken very seriously in the courts. If you or your boyfriend were previously accused of molestation and t is in the family court's record, it may be hard to overcome the allegations.

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My pretrial for a first offense DUI is in 45 days. Can I drive after the 30 day suspension?

Yes. You must go to the rmv and pay the reinstatement fee prior to driving again. Do not drive until you have done so.

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My boyfriend got arrrested for a handgun and drugs are there attys that do pro bono work for cases like these?

At your boyfriend's arraignment, he will have to complete an interview with probation to determine whether he qualifies for a court appointed lawyer at low cost or no cost. The judge will then appoint a lawyer of he qualifies.

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Can citation be challenged in court after expiration of the day limit to appear in court

Send in the request for a hearing tomorrow. The rmv usually leaves a few days window for mailing and whatnot. In the event you receive a suspension notice for nonpayment, go to an rmv with a hearings officer and let them know you sent in the appeal. They can manually enter in your request.if you would like to consult on the details of the ticket feel free to contact my office.

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I slid on snow and hit a curb. Car is totaled. My license is suspended. Will insurance cover my car damages? I live in MASS

As the other attorneys have stated, you should take a careful look at your insurance policy to determine whether committing a criminal activity is an exclusion to payment under your auto policy. Beyond the property damage issue, you should also watch out for a criminal citation for driving on a suspended license. If you did not receive a citation at the scene of the accident, the police department may still send you a citation, or a summons for an arraignment on the criminal charge.

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Should I win this case?

You should consult a local attorney. While you did blow under the legal limit, the prosecution may argue that you exhibited all the signs of intoxication and proceed under this theory to try to get a conviction. There are many other factors that may come under te defense other than the breath test, including booking video, statements made and field sobriety tests.

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My son was charged with sexual assault and domestic a&b. He is 25 yrs old. He has never been arrested. I believe its false charg

You should contact your son's lawyer for an appointment. If you have time to sit and discuss the case, his lawyer can explain why he is suggesting you proceed in this manner. If you do not agree with his advice, you can hire a private attorney however, that may be costly. At this time, your son should not give any statements to anyone because anythig he says can be used against him.

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