Skip to main content
Michael P. Gerace
Avvo
Pro

Michael Gerace’s Answers

265 total


  • A quote in a publication is libelous. What range of cost would it take to litigate the case (retainer)?

    A quote in a publication is libelous. What range of cost would it take to litigate the case (retainer)?

    Michael’s Answer

    Total cost is hard to say. The matter could end early or goo long--such as to trial. A retainer of 5-7k would be in the range of normal. If the matter goes long, however, the cost will go up. Good luck.

    See question 
  • Hi say if there was kid that was accused for something he did not do, For example breaking a car window

    but doesn't know what the car looks like nor does have to with anything that has to do with the car and has been arrested for something that a crime he did not committed. what should he do? just to remind you he is under 18 and Never has been ...

    Michael’s Answer

    It sounds like you are saying the kid just did not do the crime. Fine. The kid definitely needs a defense attorney if he is facing a charge. It is impossible to say more about this now, given the information in your question. But a denial that the kid did it is a defense, whatever the facts suggest.

    See question 
  • I am court ordered to take random alcohol tests and the lab made a mistake and drug tested me can this be used against me

    I had taken a percoset for a tooth ache and it showed up I never was ordered or consented for a drug test

    Michael’s Answer

    If you have a prescription for the pills you took, then you show this to the court if it comes up. Otherwise, you can tell your probation officer about the prescription (though he/she should already know about it). If the pill you took is not rightly prescribed to you, then you could be charged or hit with a violation of probation. The facts of drug use, if alleged to be illicit, can be used. The proof at a violation of probation hearing is by a preponderance of the evidence only, so it is easier to show a violation. You might want to talk to your previous lawyer on the underlying case about this. Good luck.

    See question 
  • Can someone ask about criminal history after I already signed a Cori?

    I am applying for housing through a non profit organization. In the application there is a paper to sign for a Cori check. I passed in the application but I missed something so I was asked to complete it. One thing they asked was to include any cr...

    Michael’s Answer

    Criminal history checks are increasingly common with housing applications. If you sign and give permission, then they can seek your cori, though it is not a "lifetime look back." If they ask you questions, then answer them. If they choose not to rent to you because of this, then you are probably out of luck.

    Also, you question is a little confusing because you say you passed the application (it is unclear what this means) and missed something (what?). If they ask you questions about your criminal history and then have you sign off on them doing a cori check and they find out that the cori is different from what you said in the application, this might be a problem for you. Good luck.

    See question 
  • I have 2 class D possessions on my cori report (1988-89), can I have them expunged in order to obtain a LTC licence?

    Both instances were with a very small amount of marijuana. And nothing more on my record.

    Michael’s Answer

    Are you sure that these two misdemeanors, which were before 1994, would be disqualifiers for the LTC? Why don't you ask your police chief.

    See question 
  • What are my options for fighting "abuse of discretion" from a divorce judgement?

    What type of Attorney should I consult with? The judge clearly abused his discretion according to every professional I have spoken with. He also made huge errors in my income, claiming I made much more than I did. He did not split assets fairly at...

    Michael’s Answer

    You are referring to an appeal, which would go to the Appeals Court. First, you should put in a Notice of Appeal (hoping that it is timely) just to preserve your appellate rights. If you later choose not to go for the appeal, you can just cancel it with the trial court or, if already docketed in the Appeals Court, seek a dismissal. If you fail to put in a notice of appeal, then your appellate rights will be foreclosed.

    Second, it sounds like you are talking about 1) erroneous findings f fact, which 2) led to incorrect conclusion of law. This is definitely within the range of an appeal--providing the facts pan out as you suggest. It is also possible that you have other issues in your case, however, which an appellate attorney can discovery for you.

    If you are seeking appeal, you should take some action now to preserve your rights and then consider where to go from there. Time is very important here. Good luck.

    See question 
  • Is sex for fee charge legitimate?

    2 days ago, I attended a party that I saw advertised on a swingers website. The description of the party read, "Gangbang Party! We have 5 girls looking to fulfill a fantasty! All hot! party will be in a nice 2 bedroom suite! 8 pm to 11:30 pm....

    Michael’s Answer

    I'm afraid it is a crime. There are a handful of potential charges generally under G.L. c. 272 that might apply, depending on the facts alleged. However, you may also have good merits in your case. All depends on the facts. Good luck.

    See question 
  • What kind of lawyer do I need for an RMV Appeal?

    I am seeking legal representation for an RMV hardship license denial appeal, in regards to an OUI case. I'm having trouble finding a lawyer who specializes directly in front of the board. What should I be looking for?

    Michael’s Answer

    It is an administrative law appeal. I've done them Quincy, though I do not know if they do them out your way. You would be better off getting an attorney who has done these appeals and can produce a brief beforehand and argue your facts. It can go either way. Sometimes it is smooth, sometimes not, depending on the circumstances of your case. Good luck.

    See question 
  • Do I need to hire an attorney? Will I be able to keep my LTC?

    I was charged with carrying concealed while intoxicated. I was taken into custody because I was in a vehicle that had open container and I disclosed to the officer that I was legally carrying. He confiscated my firearm took me to police station ha...

    Michael’s Answer

    Sorry to hear about your problem. Bottom line is that a conviction here may act as a disqualifier for the LTC, in which case the chief of police in your town would have no discretion but to take the license. If that happened, you would be forced to go before the FLRB to try to get them to declare you suitable--which may or may not be difficult, depending on facts. If the FLRB found you unsuitable, the battle is even more uphill from there.

    If you pick up a charge, it is very important to fight the case. It's that simple. Beating the matter at pre-trial or getting a disposition that allows you to keep your license is obviously of the utmost importance for professional reasons.

    With that said, there are numerous ways out of a criminal case--the best being to beat the case, of course--which would allow you to keep the license. The trick is fining the best way for you, given the facts at hand. Good luck.

    See question 
  • Insearchofbostonmedicalmalprac ticeattorney?

    auto accident,andsurgery after.

    Michael’s Answer

    Is it personal injury or med mal? It is hard to tell. Provide more details.

    See question