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Gregory Casale

Gregory Casale’s Answers

363 total


  • Is any possible career in law enforcment ruined due to a CWOF.

    I was give. A CWOF back in 2012 for a threat to commit a crime. I at the time didn't realize that a CWOF would still create issues for me down the road. So is my chance of becoming a police officer one thanks to it? Should probably add that it was...

    Gregory’s Answer

    Although there is no law or rule against it, you will likely have a difficult time obtaining a job in law enforcement if you have a CWOF for Threatening yo Commit a Crime. Although a CWOF is not a conviction, you did have to make an admission during the colloquy at your disposition. Before going through the testing and application you may want to contact the Chief of Police in the city or town where you would like to apply. Discuss your situation and seek his/her position. It may save you time if it is an outright no or you may be given some direction as to what you can do to improve your chances.

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  • OUI

    In mass, if someone get's an OUI does your registration get suspended also?

    Gregory’s Answer

    An OUI/DUI conviction will not effect your registration in Massachusetts.

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  • I was arrested twice in mass for dui ( continued without a finding and not guilty on each) and was convicted of dui in nh, can

    I was arrested on 2 separate occasions for DUI in Mass. One was continued with out a finding and the second was found not guilty. I was then arrested in NH and found guilty . I was under 21 on all three events and all were more than 12 years ago. ...

    Gregory’s Answer

    In addition to the hard and fast laws, it is also dependent on the chief of police in your city or town. Many of these officials have taken the rigid position that a conviction of any type produces a no. Before you invest much time and effort into the possibility based upon just the law, check the policies of your own local officials as well. A simple telephone call to the police station may give you the answer, although it is not likely the answer that you are seeking.

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  • Assault betters

    My ex husband hit me at that time I didn't call police but when I was reporting to ice about his acting I did include all of tham, later ice contact me and I did police report, I had doctor report also who calling me for press charge against my h...

    Gregory’s Answer

    Under Chapter 265, Section 13A. (a) Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 2 1/2 years in a house of correction or by a fine of not more than $1,000. As the section states, he can be punished by up to 2 1/2 years in the House of Correction. This is the worst case. He could face anything from probation with the Batterers Program all the way up o 2 1/2 years in jail. It will depend on the extent of your injuries, his past record and the inclination of the sentencing judge. Your testimony will be far stronger if the medical reports are used to corroborate your statements. Your husband's defense lawyer will likely make issue of the fact that you didn't call the police at the time. It will really be up to the judge or jury to decide who to believe. The most effective testimony in my experience is the product of sincerity and truthfulness. Don't try to elaborate or convince the judge or jury. This agenda comes across as insincerity. Simply tell your story and be truthful. Good luck.

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  • If ur a sex offender in Boston Massachusetts and on probation, can u get a job if so where can u?

    I'm asking this question for my boyfriend

    Gregory’s Answer

    The court does limit employment for convicted sex offenders to an extent. His probation officer should be able to identify what jobs he is prohibited fom taking. However most of his difficulties will simply be that the employer chooses not to hire him based on his conviction. This is a collateral consequence but not one that is controlled by the criminal justice system. He will need to either find an employer willing to hire him, knowing of his past, or start out in a new profession where he works for himself in some capacity.

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  • Pre-Trial/Discovery on a DV Charge...what happens? It has been explained to me that this is the time to find out what evidence

    the prosecution has to support charges, and when your attorney has the first chance to speak with prosecution to negotiate a lesser charge or possibly drop them. The attorney will then present the client with the prosecutor's offer. My questions...

    Gregory’s Answer

    The criminal process starts at Arraignment, proceeds to Pre-trial Conference (PTC), then to Compliance & Election (C&E) then some courts have a TAD date for Trial Assignment while others proceed directly to trial after C&E. The PTC, as you state, is the first opportunity for your attorney to discuss your case with the ADA and to request evidence through the Pre-trial Conference Report. The process is not as linear and direct as I stated above. You attorney also has an obligation to produce evidence that s/he intends to present at trial as well as the prosecutor. Either side may need more than one date to gather and produce all relevant discovery. This could cause two or more Compliance dates. You only "Elect" to go to trial and whether it is a jury or jury waived trial once and that is only after all discovery is complete. There may similarly be more than one PTC dates for various reasons. Your lawyer can ask for a status date between the final compliance date where all evidence has been produced and the Election date, where you elect your form of disposition (trial by jury, trial by judge or plea). Not all judges will grant the status date but your lawyer should know how to handle that either way. When I need an additional date for my client to decide after C&E I typically ask for a TAD date that is as far out as possible. If my client then decides to plead out, we can always advance the case to an earlier date and enter the plea. It is important to have a lawyer who not only knows how to try a case but also one who knows how to manage the process. Experience is the key.

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  • How can I modify a restraining order to get the address of the home taken off?

    The judge listed the marital home as the address to stay away from on the restraining order. However, I was told by a neighbor that she is not living there. How can I get this address removed so I can get back into my home?

    Gregory’s Answer

    • Selected as best answer

    Only the judge can modify the order. You will need to go back to court with evidence that the complainant no longer resides there. She will also need to have notice of the action so she can offer her side if she chooses to do so. You should hire a lawyer to do this. It is a relatively simple thing for an attorney to do and shouldn't be that expensive. However, it is important that it is done right and therefore it is worth hiring a lawyer to make sure. If you can not afford an attorney, go to the Clerk's Office of the court that issued the order and speak to the clerk there. They should be able to assist you. Be careful and do not forget that you cannot contact the complainant.

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  • If I was assulted in a drug rehab by another client unprovoked who had previous violent outbursts can I sue the facility?

    They state they provide a safe environment, it all happened in front of my son, it was a inpatient long term drug and rehab center for mother and children my insurance was paying for,they also tried to deny me calling the police. Suffered a concus...

    Gregory’s Answer

    The type of case that you propose is a tort or personal injury case. These cases are generally undertaken on a contingent fee basis. It is up to each individual lawyer to determine whether or not they think that the likelihood of success justifies the risk of taking the case without being paid except from a settlement or award. The best way to assess the value of the case is by the willingness of lawyers to take it. If no lawyer wants it, chances are you would be wasting your time. If the lawyers that you speak with generally feel willing to take it, you can assume that the case has a good likelihood of success. Similarly, since the award or settlement is spilt between you and the lawyer, the lawyer has the highest incentive to obtain the best settlement possible for you. This form of compensation gives you a pretty good idea of how good your case is.

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  • What are the punishments for larceny in Massachusetts under $250?

    I have no record.

    Gregory’s Answer

    Under MGL c. 266, §30, Larceny Under $250 is punishable by no more that 1 year in the house of correction. However, it is unusual for a judge to sentence a person to the maximum punishment under any statute. The actual sentence is determined by the facts of the case, the defendant's previous record, the skills and expertise of the defendant's attorney and other variables. The most important factor that you have control over is your defense attorney. This is not the place to scrimp and cut corners. Hire the best Criminal Defense Attorney that you can afford, who is familiar with the court where you are charged. Similarly to sports , home field advantage plays a critical role in Criminal Defense. In my practice I travel throughout the Commonwealth, representing clients in courts from Boston to Palmer, Fitchburg to Falmouth and most courts in between. The first thing I do when going to a new court is to check with clerks and court officers to learn what judge is presiding that day and what his or her idiosyncrasies are (in the rare case where I am unfamiliar with that judge). It's impossible to know these details about every judge in every court in the state, but knowing how to find out helps to get the very best outcome for my client. Make sure that the lawyer you hire either practices in the court where you are charged or knows how to level the playing field by getting the inside knowledge or you.

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  • Recently arrested for and OUI at a level of .08, need license for taking daughter to school and work, how do i go about this?

    I was at a level of .08 after the third road side test the officer made me do. I understand this is the min. and it is still considered intoxicated in law. However, I need my license for my daughter, work, and school. The officer had told me if I ...

    Gregory’s Answer

    Although you lose your license for 180 days for refusing the Breath Test, by refusing you do open the door to a successful challenge of the charge at trial. I BT of .08% or greater makes it extremely unlikely that you would prevail at trial. Without this BT evidence, the remaining evidence is likely all opinion evidence, which is subject to interpretation. I disagree with the attorney who wrote that it is never good to refuse. In my opinion, if you can do reasonably well on the other Field Sobriety Tests and refuse to provide the killer BT, you have an excellent chance at trial. If you are found Not Guilty, your lawyer can motion the court to reinstate your license. I do agree with the lawyer who told you that your best bet will come from a lawyer who practices in the court where you received your charges.

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