Stephen P. Kelly’s Answers

Stephen P. Kelly

Worcester Criminal Defense Attorney.

Contributor Level 13
  1. Do I have a sexual assault case?

    Answered almost 2 years ago.

    1. Stephen P. Kelly
    2. Christine C McCall
    3. Ian Thomas Valkenet
    4. Michael Howard Erlich
    5. Henry Lebensbaum
    6. ···
    6 lawyer answers

    No assault case here. You even admit sex was consensual. Verbal consent is not necessary. Consent may be communicated nonverbally, through behavior. Next morning regrets, do not constitute sexual assault or attempted rape.

    12 lawyers agreed with this answer

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  2. My son who is a minor was caught shoplifting. What will happen to me? Why am I liable? Will I have to go to court?

    Answered over 2 years ago.

    1. Stephen P. Kelly
    2. Dominic L. Pang
    3. Benjamin J Lieberman
    4. Robert H Flynn
    5. Thomas J Callahan
    5 lawyer answers

    Massachusetts law states that custodial parents of children over age 7 and under age 18 are responsible for paying damages resulting from the willful acts of their children. (M.G.L. Chapter 231, section 85G). The statute specifically includes shoplifting and limits liability to $5000. That said, recovering those damages requires that the injured party bring a civil law suit. As such, I agree with the other attorneys. Given the small dollar amount, it is unlikely that the store or company...

    11 lawyers agreed with this answer

  3. So confused: will this show on my record to most employers?

    Answered almost 2 years ago.

    1. Stephen P. Kelly
    2. Peter Eric Gollub
    3. Robert D Lewin
    4. Alan James Brinkmeier
    4 lawyer answers

    Most employers and landlords do not have access to non-conviction dispositions unless the case is still pending. The case will be pending while you are serving the probation period and until the case is actually dismissed. Once the probation period in your case is up, you should access your CORI to make sure the case shows that it's been dismissed. You can electronically access your CORI record at http://www.mass.gov/eopss/agencies/dcjis/. You cannot administratively seal a felony record...

    10 lawyers agreed with this answer

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  4. I have no record what's so ever I worked at k Mart n stole 287.43 $ am I gonna go to jail

    Answered over 1 year ago.

    1. Stephen P. Kelly
    2. Henry Lebensbaum
    3. Frank Mascagni III
    4. Michael Douglas Shafer
    4 lawyer answers

    First, you should be careful about disclosing details and making admissions in an open forum such as this. These details should only be discussed with your attorney. Second, if you cannot afford an attorney, the court will appoint one for you. I am not sure where your case is procedurally from the information you provided. It sounds like you may have had a show cause hearing before the clerk magistrate and have now been summonsed for an arraignment. If so, on your first court date you wil...

    10 lawyers agreed with this answer

  5. I failed a urinalysis a month ago due to second hand smoke. I known its cliche but I'm being honest. What are my options?

    Answered over 2 years ago.

    1. Stephen P. Kelly
    2. Rixon Charles Rafter III
    3. James B. Hernan
    4. Evan A. Watson
    5. William Emil Cassara
    6. ···
    8 lawyer answers

    You are not going to get this dropped. The most important person to have on your side, of course, is your commander. Since he or she is not, you can expect an involuntary discharge with less than an honorable service characterization. By the way, you are unlikely to make any headway using the second hand smoke "defense." This is the oldest excuse in the book and has been completely debunked. While second hand smoke will show up in trace amounts for a few days, it will not achieve levels...

    10 lawyers agreed with this answer

  6. Is it legal to possess a throwing star?

    Answered almost 2 years ago.

    1. Stephen P. Kelly
    2. Ilir Kavaja
    3. Keith G Langer
    4. Dominic L. Pang
    5. Lynn Lorraine Porreca
    5 lawyer answers

    No. Massachusetts is one of two states in the country that have outlawed shurikens or throwing stars. The other state is California. Massachusetts General Laws, Chapter 269, §10(b), states in pertinent part ”[w]hoever, except as provided by law, carries on his person, or carries on his person or under his control in a vehicle, … a shuriken or any similar pointed star-like object intended to injure a person when thrown, ….shall be punished by imprisonment for not less than two and one-half...

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  7. Do I have a right to recapture a family heirloom (engagement ring) after divorce?

    Answered over 1 year ago.

    1. Stephen P. Kelly
    2. Elliot S Coren
    3. Steven Edward Zlochiver
    3 lawyer answers

    There is no right to "recapture" the ring, at least under the circumstances here. Presumably, your grandmother gave your uncle the ring and it was thus his property to give to his wife upon their engagement. An engagement ring is a gift contingent on the promise of marriage. Once the marriage takes place, the gift is final. In this case, since they are now divorced, they were obviously married making the gift of the engagement ring final. If upon divorce, the ring was not required to be...

    8 lawyers agreed with this answer

  8. As a homemaker am I trapped in this marriage forever? Can I get Legal Help?

    Answered about 2 years ago.

    1. Stephen P. Kelly
    2. Anjali Gupta Stevenson
    3. Thomas A. Karp
    3 lawyer answers

    No, you are not trapped. You should start seeking divorce attorneys. In some cases, especially where one spouse is the sole bread winner, the court will order that the the spouse with income pay for the other spouse's attorney fees or that those fees be paid from the couples marital assets. It js possible to file for divorce on your own without the assistance of counsel;, however, you have some complicated issues, given that you apparently have real estate and special needs children. As...

    8 lawyers agreed with this answer

  9. 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

    Answered almost 3 years ago.

    1. Stephen P. Kelly
    2. Philip W. Mason
    3. Kelly A. Broadbent
    3 lawyer answers

    Your son's court appointed lawyer gave good advice. It is rarely advantageous for a criminal suspect to speak with the police. There could be many reasons why the lawyer did not want the specifics. For one, there may not have been an appropriate private place to talk where no one could over hear. Thus, the lawyer could have been concerned about maintaining confidentiality. Also, it might not have been important for the proceeding. If your son was at an arraignment and bail hearing, the...

    8 lawyers agreed with this answer

  10. How do I file for divorce? Can I do it by myself or do I need a lawyer or a person to help me fill out the paperwork?

    Answered about 2 years ago.

    1. Joshua N Robbins
    2. S. Tracy Fischer
    3. Stephen P. Kelly
    4. Henry Lebensbaum
    5. Christopher W. Vaughn-Martel
    5 lawyer answers

    It does not sound like your divorce is complicated and if neither of you have any issues it should be relatively easy. That said, I still recommend you retain an attorney to at least draft a marital settlement agreement. You can then file a joint petition for divorce under Mass. General Laws Chapt 208, section 1A. At your first court date you will present your well drafted and fairly drawn marital settlement agreement to the judge and request it be incorporated in the judgment of divorce....

    7 lawyers agreed with this answer

    1 person marked this answer as helpful