I have been charged with an OUI DRUGS AND LEAVING THE SCENE FROM PROPERTY DAMAGES. The police didn't arrest me, I was taken to the hospital and a few days later received a criminal summons which I mailed back asking for a hearing. I was under a...
You should hire the best Criminal Defense lawyer that you can afford. OUI drug cases are often very triable cases, meaning they can be beat. That is by no means an analysis or prediction of your particular case. You need an experienced attorney who can evaluate your case and advise you as to how to best proceed to get the best outcome possible for you. As in sports, home field advantage does play a large roll in Criminal Defense. A lawyer who practices in the court in which you were charged will know the idiosyncrasies of the judge and prosecutors in that court. If you do not already have an attorney, you can call me at (508) 752-7500. The initial telephone consultation is free.See question
I was charged with larceny over 250 by a single scheme what is that and is it a felony
You should absolutely have a Criminal Attorney to represent you. This charge is a felony. A conviction could cause jail time, DNA sample to authorities and additional far reaching consequences that will follow you for life. If you do not already have an attorney you can contact me for a free consultation.See question
I was at a party with my boyfriend, it was all his friends and mostly people I didn't know. The police busted the party and told everyone there that they would be summoned to court for possession of alcohol under the age. I hadn't been drinking, t...
It would be hard to convict you in those facts. However, you should certainly hire a Criminal Defense Attorney if and when you receive the summons. It is not wise to be without an attorney in any criminal proceeding. The consequences will be with you for life.See question
I charged for assault, and because I defended my self and hit back, she charged back as soon as the police went to notify her of my charge. If my self defense reasoning goes through, would the affray stay on my record?
Once you are arraigned in court, the charge is on your record, for good. "Self defense" is a defense that you can assert at trial to attempt to be found Not Guilty. However, even if you are successful with that defense and are found "Not Guilty" your record will reflect that you were charged with Assault & Battery (I'm assuming that is what you were charged with) and that you were found "Not Guilty". What you really need to do is hire a qualified Criminal Defense lawyer to represent you. As you can see, the legal system is complicated and not conducive to people representing themselves. A judge expects each party to know all of this, as well as the rules of evidence and procedure and will not explain things to you or give you a break because you don't know.See question
I was arrested for trying to explain why I had driven away from an incident on the highway. Beside swearing at me he used excessive force in doing it
You certainly have the right to file a complaint with the department if one of their officers mistreats you. You can informally ask to speak to the chief, you can formally file a complaint or you can civilly sue the trooper if a lawyer agrees that you have a sustainable case. You may be surprised at what actually constitutes excessive force. I don't know the facts of your situation but you may learn that other than the language, the officer may have been acting within the bounds of the law. You might want to start by contacting a local attorney before you go any further.See question
I am 17 but I'll be 18 in 8 months and I'm with someone that is 16. Are there any laws that protect the relationship?
In Massachusetts a person must be 16 or older to be legally able to consent to sex. Therefore, even if a person who is under 16 wants to have sex, it does not meet the statutory requirement in MA for consent and is therefore considered to be rape by statute. Thus,"Statutory Rape".See question
The police officers report was not correct. It stated that there were 3 m and 1 f. But in fact there were 4 m. They searched one and let him go bc he had an id that stated he was 18. He was only 16 and using his brothers id. They let him go but ...
All of the issues that you point to have nothing to do with your charge. The only thing that matters for the purpose of substantiating the charge is whether or not it recites facts sufficient to establish the elements of the charges aganst you. Whether there were 4 or 14 other individuals there or what happened to them really has no bearing on whether or not you committed the crime alleged. The report merely needs to establish probable cause for the charge(s) levied against you.See question
During a snow storm I was in an argument with someone and threw their cellphone. They never found the phone due to the snow and now I have a magistrate hearing for felony larceny. I have a clean record and do not want to ruin it over a cellphone. ...
Yes you should absolute have an attorney represent you. Anything you say at the Clerk's hearing could be used against you later if the Criminal complaint issues so you do not want to say anything that may later harm you. Additionally, your chances of success go up tremendously by having legal counsel at these hearings. Additionally, it is far less costly to retain an attorney for a Clerk's hearing than for the Larceny Over $250 charge that will likely issue if you are unsuccessful at this juncture. I could probably give you several more reasons but without bel aborting it, you should hire an experienced Criminal Defense Attorney to represent you at any Clerk's Hearing. Your's is no exception.See question
I'm accused of dui(3rd) last one was 10 years before, I was seen arguing with a guy that says I hit his car when the police arrived and arrested me for dui. If the breathalyzer is not allowed and police never witnessed me driving do I have a fight...
Without the BT, your chances of success at trial rise greatly. Regarding operation, even a person's own admission is insufficient to prove this crucial element of an OUI charge according to Commonwealth v. Leonard. There must be more than just an admission. However, circumstantial evidence can be used to establish that you were the driver. If the party that you were arguing with us able to testify that s/he saw you driving that would likely suffice. The most often contested element is impairment when there is no BT. I would need to see your police report to give you a better analysis of whether or not the case was triable. If it's your 3rd offense you really don't have much to lose by trying it. You are looking at a. In mandatory 150 days committed on a 3rd offense. If you don't already have an attorney you can contact me if you would like to discuss it in detail.See question
Arrested for assault over 20 years ago, charges dropped, had it expunged about 4 years ago. I am applying for a LTC (LICENSE TO CARRY) a fire arm. Do I have to mention that in my application or will it not show?
If this case was in Massachusetts it is highly unlikely that it was expunged. The criteria for rxpungement in Massachusetts is extremely narrow it is far more likely that your record was sealed. You must answer questions truthfully therefore a question such as "Do you have a Massachusetts record (CORI) can honestly be answered no. Similarly, "Have you ever been convicted." may be answered in the negative if your charges were dismissed or Continued Without a Finding (CWOF) and then dismissed. Read the questions carefully ad answer truthfully. Even if your record was sealed in Massachusetts, law enforcement and the criminal justice system can see sealed records so be careful. I suggest you pull c copy of your CORI before you apply to see exactly what it says. If you are unsure, consult with an attorney.See question