Michael P. Gerace’s Answers

Michael P. Gerace

Worcester Criminal Defense Attorney.

Contributor Level 13
  1. Someone I know called on me and reported me as an erratic driver. Call was anonymous. I was arrested for dui parked. Can b used?

    Answered 7 months ago.

    1. Michael P. Gerace
    2. Terri D. Leary
    3. Dominic L. Pang
    4. Ilir Kavaja
    5. Beverly Chorbajian
    6. ···
    6 lawyer answers

    An anonymous caller giving details of erratic driving is weak for the police. Whatever the police allege for why you were stopped could be subject to a motion suppress. However, police can independently corroborate information (and they know this, so that they put this information in their reports), which could defeat such a motion. All depends o the facts. A lawyer can evaluate all of this form you and determine whether you have a good motion issue or not. I have argued these very issues....

    12 lawyers agreed with this answer

  2. What is the statute of limitations in statutory rape in Massachusetts?

    Answered 10 months ago.

    1. Michael P. Gerace
    2. Kathleen Ann Black Reynolds
    3. Jeremy-Evan Alva
    3 lawyer answers

    First, a 23 year old having sex with a 13 year old (I assume there was penetration/intercourse) would not be "statutory rape," but rape of a child, usually charged as rape of a child with force, which has an extraordinary punishment to it (c. 265, s. 22A). Because the relationship in question was on-going for 6 months, the guy could be charged multiply as well. G.L. c. 277, s. 63 seems to say that a complaint for this offense can be filed at any time after the commission of the offense. If...

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. We was on hwy we was in the right (slow lane) people starting breaking to get off exit so i was at a complete stop. then i seen

    Answered 7 months ago.

    1. Brian P Finnerty
    2. Jeffrey Mark Adams
    3. Michael P. Gerace
    4. David Ian Schoen
    5. Christian K. Lassen II
    6. ···
    9 lawyer answers

    It sounds like you may have a case. Best thing to do is speak with an attorney who can investigate the facts more deeply. Good luck.

    11 lawyers agreed with this answer

  4. HOW CAN I GET A DIVORCE IF MY HUSBAND WONT AGREE TO ANYTHING ITS BEEN GOING ON 3YRS

    Answered 9 months ago.

    1. Estela Matta
    2. Michael P. Gerace
    3. Philip W. Mason
    4. Lee Alan Thompson
    5. Anthony Rao
    6. ···
    7 lawyer answers

    It really doesn't matter if he agrees to anything or not. You can file a complain for divorce and he will have to respond. Regarding child support, the court will go on the child support guidelines. There is no issue there, other than him not being truthful about his income, etc. He would have rights with his kids, however, so that would have to be worked out. If you get a divorce attorney, he/she can file right away for you.

    11 lawyers agreed with this answer

  5. My husband is Appealing a Criminal Conviction. He is serving a 5 to 7 year state sentence. He's done 3 years, not counting...

    Answered 9 months ago.

    1. Michael P. Gerace
    2. Henry Lebensbaum
    3. David C. Newton
    4. Katherine Godin
    4 lawyer answers

    Your husband has the right to appeal and there should be no additional sentencing consequences for doing so. The only time a person who appeals might get a harsher sentence if re-convicted after a successful appeal is if the person picked up more charges and/or convictions in between, so that the judge at his second trial now has new criminal information. But if the person who appeals successful and has a new trial and is convicted again at the new trial does not have any new criminal acts...

    Selected as best answer

  6. Can a major store chain be sued for causing a person to trip on a bunched up entry carpet, causing them to fall and be injured?

    Answered 7 months ago.

    1. Henry Lebensbaum
    2. David Ian Schoen
    3. Brian P Finnerty
    4. Michael Anthony Donlon
    5. Kathleen O'Toole
    6. ···
    15 lawyer answers

    It sounds like your mother may very well have a case. She should speak with an attorney tight away. Good luck.

    9 lawyers agreed with this answer

  7. Can I overturn a guilty plea for child molestation?

    Answered 10 months ago.

    1. Michael P. Gerace
    2. Eleanor R. Hertzberg
    3. Henry Lebensbaum
    4. David C. Newton
    4 lawyer answers

    First, your narrative seems to have nothing to do with the conviction/guilty plea in your question. Second, you can overturn a guilty plea if you have strong merit for doing so. You would file a motion to withdraw the guilty plea, which is treated as a motion for new trial, along with supporting materials. The likelihood of success is low, but all depends on what happened during your plea proceeding and what the facts of the case were. If the plea was a long time ago, you might have a...

    9 lawyers agreed with this answer

  8. Can someone really get sent to jail just for biting someone and leaving a mark?

    Answered 11 months ago.

    1. Michael P. Gerace
    2. Joseph Brian Simons
    3. Jennifer Wang
    4. Thomas G. Briody
    5. David C. Newton
    6. ···
    6 lawyer answers

    Sounds like assault and battery with a dangerous weapon (i.e., teeth). This is a felony (simple assault and battery is a misdemeanor). A person can definitely get jail time for this. This does not mean he/she will get jail time, but they could. If convicted, there is a range of possibilities that do not include jail as well. Much depends on the facts, the person's criminal history and the lawyer helping the person.

    Selected as best answer

  9. I've been on the run for two years on a probation violation what are the cosequences that might happen if i turn myself in

    Answered 9 months ago.

    1. Michael P. Gerace
    2. Steven D. Power
    3. Andrew W. Cowan
    4. Henry Lebensbaum
    5. David C. Newton
    6. ···
    6 lawyer answers

    Sounds like you probably have a warrant out for you. If you turn yourself in, you will probably be arrested and brought to court and arraigned. It does not sound like there was a suspended sentence with the probation, but just straight probation. However, you could get anywhere up to the max jail time allowed for the underlying possession offense. You would definitely need a lawyer here. Once probation learns about you being around again, they will likely seek a detention hearing. You may be...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Does a felon charge not related to oui weaken my defense?

    Answered 9 months ago.

    1. Ira J Kaplan
    2. Michael P. Gerace
    3. Robert D Lewin
    4. Anthony Rao
    5. David C. Newton
    6. ···
    7 lawyer answers

    I would not worry about the old charge. It is very old and unrelated to the OUI charge. It sounds like the OUI charge is also a first offense (for OUI), which is good for you. Good luck.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

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