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Michael Howard Erlich
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Michael Erlich’s Answers

245 total


  • When can I get a good plea bargain?

    I was arrested not too long ago, facing trafficking charges, first time offender. I was not offered a plea before I got indicted. Is this good or bad? And what could I potentially be facing for an outcome? Is pleaing down to possession for probati...

    Michael’s Answer

    In order to answer your question you need to provide what type of drug, the amount of the drug you were indicted on, your prior history with the court system As well as many other variables.

    You were probably not offered a plea in district court because the amount of drugs were significant and not just over the trafficking threshold.

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  • Can I get a firearms license in Massachusetts after getting a record sealed?

    In 1988 I was Issued a FIC card and In 1993 i was issued a license to carry a firearm, I was charged for a crime of Larceny over $250 in the place of employment in Mass. Received a 2yr suspended sentence in 1997, I had my record to this case seal...

    Michael’s Answer

    • Selected as best answer

    This felony is a statutory disqualifier. Only shot is to have the original case unsealed , reopened and dismissed. Not very easily accomplished.

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  • What licensing boards in Massachusetts would be able to see my sealed record?

    I have a sealed record in Massachusetts. Which licensing board will be able to see the sealed records?

    Michael’s Answer

    Lets put it this way. if you are applying for a liquor license, the ABCC would be able to see a sealed record. If you are applying for a firearm LTC, the same would apply. But as yo umove down the food chain of licenses the less likely they will be able to see your record. its a very in exact science.

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  • I am coming to the end of my DUI/24D Program/year of probation, do I return to court for the year end?

    will I receive a letter with more instruction?

    Michael’s Answer

    If you have completed all of your probation requirements there is typically no court date scheduled and your case will be dismissed if it was a Cwof.

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  • How can I fix this

    Okay so I was placed on one year probation with terms that I would attend a batterers intervention class now I've been going to class I've paid when I've had the cash but I don't make a lot and haven't had good luck with jobs between child support...

    Michael’s Answer

    If you have fulfilled all terms of probation through 11 months and the only thing you are behind is the last month of probation fees, then even the probation department in Worcester would prob. issue a violation notice, im sure the judge would giving you extra time to pay. This is assuming that is the only issue with your probation.

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  • Can a private attorney with a great reputation typically get better results in a criminal defense case?

    Are they usually better at bargaining with the procicutor? How do they get plea deals uf the evidence is overwhelming?

    Michael’s Answer

    A lot of factors play into getting results. Experience, knowledge and reputation cam all play factors with not only the prosecutor but with the court as well.

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  • MA won't release my dl til Fl does, yet Fl won't release it til MA does. What do I do?

    Read this then re-read my question in order to see how I am in a checkmate position with my issue. I was a resident of Florida, moved to MA got a dl up there. Later moved back to Florida and got a dui on my Fl dl shortly after. It's been about 6y...

    Michael’s Answer

    Mass OUI according to the RMV might be a second offense. If you resolved the Mass case after the Florida case, they might be considering the OUI in Mass even though you got it first as a second offense.

    A lot more information is required. You should hire a MA atty. well versed in OUI law and who practices in front of the Board of Appeals.

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  • Should I disclose an arrest record expunged in Texas on my application for Massachusetts State Board of Pharmacy Intern license?

    It was a class C Misdemeanor (shoplifting). The case was dismissed after I did 24 hours of community service and anti theft class. I got the case expunged. The application asks "if i have been arrested,charged, arraigned, indicted, prosecuted, con...

    Michael’s Answer

    Because the case happened out of state I would err on the side of caution and disclose to the board. It's a very minor offense and disclosing seems to me the ethical thing to do

    Mass applicants for jobs can answer no record if asked when a record has been sealed and expunging is even more favorable than sealing. But this is an application for a license and expungement might be something different in Texas.

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  • When submitting evidence in a 209a case do I need to supply the Defendant with police report/log evidence?

    I understand I need an attorney. However, I am the Plaintiff in a 209a case in which we have an extension hearing in less then two days on a brand new order. I have photographs amongst other evidence along with police reports to support my case fo...

    Michael’s Answer

    If your are using the evidence at a hearing the defendant will have an opportunity to review.

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  • OUI Defense

    Stopped by police for marked lanes violation because of another motorists complaint..I was driving an 42 yr old muscle car with severe steering problems.. Informed officer of the issue. No breath test..completed 3 FST (not perfectly according to h...

    Michael’s Answer

    Sounds like you have a decent case. There will probably be a booing video unless it's state police. Hire a lawyer that is experienced in jury trial oui's.

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