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Gregory Casale

Gregory Casale’s Answers

363 total


  • Does a self defense charge stay on your record?

    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?

    Gregory’s Answer

    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.

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  • I had a problem with a mass state police officer do have any recourse against him or the state police.

    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

    Gregory’s Answer

    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.

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  • Can someone who has 18 be with someone who has 16?

    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?

    Gregory’s Answer

    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".

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  • If you are arrested and there is misinformation on the arrest report can the charges be thrown out?

    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 ...

    Gregory’s Answer

    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.

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  • Would I need representation?

    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. ...

    Gregory’s Answer

    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.

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  • If I wasn't seen driving and my breathalyzer is out of the case do I have a chance to fight?

    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...

    Gregory’s Answer

    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.

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  • Can i legally say I have never been arrested if it was expunged?

    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?

    Gregory’s Answer

    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.

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  • Is it possible to file a civil suit against my ex husband for abuse, contempt, and sexual assault 5 years after our divorce

    I was married for 16 yrs before separation. I was abused as well as my daughter. I was in fear for my life, got a restating order and was ordered to go to the court by a judge (via telephone) the next morning, she lifted the restraining order and ...

    Gregory’s Answer

    You certainly can file a civil suit. However, whether or not you will be successful is the real issue. Sexual assault is a criminal offense. If your ex is convicted criminally it will provide a stronger likelihood of success at the civil level since the criminal standard is so much harder to attain. You should seek the advice of private counsel.

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  • Do I have to provide my SSN to request removal from a background check website?

    After several unsuccessful e-mails to a background check website, I sent a friendly certified letter requesting removal of non-public information. After they received the letter, they contacted me by e-mail requesting a government issued ID and my...

    Gregory’s Answer

    You have no legal obligation to provide your social security number. Attorney Kuzma has provided a link that is a good source of information that you can read. Many seemingly legitimate web sites and emails are actually scams designed to get your private information. Be extremely careful.

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  • Do I need a lawyer when charged with assault with deadly weapon

    The assailant did not press charges yet I was charged in court. What should I do?

    Gregory’s Answer

    The saying goes that "a person who represents him or herself in criminal court, including an attorney, has a fool for a client."

    There are far too many pitfalls in the criminal court system for a lay person to navigate. There have serious consequences and should not be taken lightly. If you are required to be in the criminal court or asked to speak with police, you should speak to NO ONE until you first speak with an attorney.

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