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Gregory Casale

Gregory Casale’s Answers

363 total


  • Drove on expired Alic . in MA no other violations ever . do i need Attn for court

    A policewoman my plates and informed me my license had expired 10 days previously . I had no idea . Now I have to go to criminal court on march 21 . I have never been in any kind of trouble with the law . Should I bring an attorney with me ? ...

    Gregory’s Answer

    Get your license reinstated before you return to court, if possible. If you can do this you should be able to have the charge dismissed upon payment of a small amount of court costs (Approx $100). If the DA is willing to do this for you, take it. If they want anything beyond dismissal, ask for another date (continuance) and then get a lawyer. You do not want anything above dismissal on your record. My office is in Worcester. If the court is unwilling to dismiss your charge, you can call me. I am listed on Avvo.

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  • I was accused of stealing in Macy's , MA . I am 16 , is there a way I can get out of it ?

    There are no baskets in Macy's so I was putting clothes in my over sized bag . I was looking for my aunt , I went out one of the Macy's doors to see if my aunt went to my car . That's when the store security took me . She said I was shopliftin...

    Gregory’s Answer

    Lets out aside the issue of whether or not you can recant your statements for now, since it requires more information than you provided to answer. The more important question is can you avoid a conviction and a mark on your record. It may be possible to do both. It will depend on what court and what county you were charged in. The charge of Larceny Over $250 is a felony. Shoplifting is a misdemeanor. So the first crucial issue is what are you charged with and if it is the felony, can it be amended down to a misdemeanor. It is possible to do this, but it will take work and cooperation by you and the DA to do so. There are many ways in which a good lawyer can help you. It may be possible to remand the Arraignment back to a Clerk's Hearing. It may be possible to convert the charge to a civil citation, which would take it out of the criminal realm. It may be possible to get you into a diversion program. These are several of the many options that a knowledgeable, seasoned attorney should explore for you. You will also get a Civil demand for payment. Your lawyer may be able to get rid of that for you as we'll. the most important thing I can tell you here, since I do not represent you and do not know the rest of the details, is to hire the best attorney you can afford. That does NOT mean the most expensive. It means the one who discusses at least all of the options that I have detailed above and more. It is never a good idea to try to handle a criminal matter yourself. No matter what Aunt Suzie and your friend tell you, only an experienced lawyer is trained and experienced in dealing with these matters. That is the only source you should seek information and advice from. The decisions you make now about hiring the right lawyer will effect your future. Hire a good lawyer.

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  • My parents are having a really bad argument. Should i call the police to make them stop?

    It has been going since last night and I just want them to stop. There was a little minor hitting but it wasn't bad. If I call the police are they going to go to jail? I don't want that to happen. I just want them to understand that it has to stop...

    Gregory’s Answer

    • Selected as best answer

    Sadly, in most states if you call the police because your parents are fighting, there is a good chance that at least one of them will be going to jail. That does not necessarily mean you should not call, but you should understand the potential ramifications before you take any action. Speak to an adult that you can trust. Be careful of who you select since people in positions such as teachers and medical personal may be required by law to report issues of some forms of abuse. A clergy member or family member are good options.

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  • My cousin is 21 and recently got caught stealing from macys and now has a court date is there anyway around this??

    and is there a chance she would go to jail

    Gregory’s Answer

    If your cousin's summons is for a Clerk's Hearing, as opposed to Arraignment, s/he may be able to resolve this without an entry on his or her criminal record. If it is an Arraignment summons then the issue will be to avoid a conviction, which is certainly possible. Your cousin needs a good lawyer.

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  • Is this MA OUI case simple enough to fight successfully?

    What chance do I have winning an OIU case in MA when I was not intoxicated or under the influence of Rx drugs I was prescribed by a doctor? I admit I was driving over the speed limit at 3:30am (and I hadn't slept in 24 hours, so I was tired), and ...

    Gregory’s Answer

    From the information that you provide it sounds like a good case. However, you need to understand that the arresting Police Officer will essentially testify to what is in his report. Even if the report is a work of pure fantasy, it is still what the P.O. will testify. S/he really has no choice since it was written contemporaneously with the arrest, whereas the trial testimony may be several weeks or months later. The biggest issue is typically the Breath Test (BT). Without a BT, as long as you did reasonably well on the alledge Field Sobriety Tests (FST), you usually have a pretty decent chance of sucess at trial. If you haven't retained counsel already and would like me to review your case, feel free to contact me at my web site or simply call.

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  • If annie duckajan did not sing for the drug evedence does a inmates still have a case cause it was in boston lab

    on the annie duckajan case

    Gregory’s Answer

    You still may have an appeal. You will need to find out where the evidence in that particular case was tested and by whom. The certifications entered into evidence in your conviction will have to be checked.

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  • Restraining order

    I went to court for getting restraining order i got restraining order, my ex husband hit me on 8/17/2012 and after that he never said anything to me, i wanted to drop my restraing order, even there was police report also, but before hearing i want...

    Gregory’s Answer

    You have the right to drop the Restraining Order (R/O) against your ex. A R/O is a civil order issued by the court, but it is You v. your Ex, which indicates that you are the plaintiff and as such have the absolute right to drop it. If he violated the order, that is a different story. In a criminal complaint it is Commonwealth v. Your Ex, indicating the Commonwealth to be the plaintiff. That means only the Commonwealth, as represented by the court, can drop the charges. You should make sure before you do this that you feel safe and do not need the protection of the Court. If you do go ahead and drop it remember that if something else happens that once again causes you to feel unsafe you can go back to court or just call the police to request that the order be reinstated. If he hit you, you should not feel guilty for protecting yourself. He made the choice to harm or threaten you. It is he who should be guilty for doing so. You do nothing wrong by protecting yourself!

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  • I was caught shoplifting (worth 4$) but they caught me with other things from h&m (60$). What's next? Am I going to get fined?

    No police was involved. They took my ssn, information from driver's license. they said that i was free to go and that i was lucky. they were saying to one another how this wasn't that much. Made me sign a paper stating what i stole and how many wi...

    Gregory’s Answer

    First and foremost, before you do anything or talk to anyone else, speak to an attorney. I just published a guide about 1st offense Shoplifting charges in Mass and I encourage you to read it. It is right on point to your question.

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  • Do I worry about being prosecuted for shoplifting?

    I got caught shoplifting ($48.99) back in June at a Bob's Store. The LP officer had me fill out a form saying what I did and took down my info. He called the cops who checked by records, but the LP officer did not have me arrested. I gave my te...

    Gregory’s Answer

    I just published a Legal Guide a few minutes ago hat addresses this issue. Check it out and if you need further information you can contact me through Avvo or my website that is linked to my profile.

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  • Is a DUI entitled to public defender? Was arrested 13 yrs ago for dui, and again last night, does old one count?

    My son was stopped last night for speeding and arrested for.13 DUI. They let him out $40 bail and he has arraignment tomorrow. We have little money, is he entitled to a public defender? Will the old DUI be held against him?

    Gregory’s Answer

    First you ask if he qualifies for a Public Defendant. The two requirements to qualify for a public defender are 1) Can a person be sentenced to jail for the crime chrged. Even a 1st offense OUI (the actual MA term for drunk driving) allows the judge to sentence a defendant to jail time. The 2nd issue is financial qualification and that will be determined based upon your son's income and savings, if any, less his expenses. Regarding the previous OUI, even though it is 13 years old, it still counts as a 1st offense making this his 2nd. However, a defendant has a one-time opportunity to have a previous OUI over 10 years old overlooked for the purpose of sentencing. The RMV however, will not afford this same consideration and therefore, his license loss will still be in accord with a 2nd offense, regardless of how the court treat it.

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