Andrew J. Gambaccini’s Answers

Andrew J. Gambaccini

Worcester Litigation Lawyer.

Contributor Level 7
  1. Can a detective call a person they know to tip them off to go to the court house before they go to arrest them

    Answered over 3 years ago.

    1. Howard M Lewis
    2. Andrew J. Gambaccini
    2 lawyer answers

    I am not clear why the assertion is made in this scenario that the law enforcement officer did not do his job, or even that he did anything inappropriate. The reason for the bench warrant was that the defendant did not appear for court and the obvious goal of such a warrant would be to cause an arrest that would secure the defendant's appearance in court. If a law enforcement officer is able to secure the defendant's submission to the court in some manner, such as a phone call and the...

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  2. Do I have a case against police, state attorney or person who assaulted me?

    Answered about 3 years ago.

    1. Andrew J. Gambaccini
    2. Stuart M. Address
    3. Jeffrey Logan Whitcomb
    3 lawyer answers

    Although it would appear that you have a civil claim against your stepfather, that claim would be based only upon his actions toward you. Your mother would have her own claim against him for damages based upon his actions toward her, and you cannot make a claim against your stepfather for what happened to your mother as part of your "damage." In deciding whether to pursue that claim, one item to keep in mind would be, even if you were to prevail against your stepfather, does he have...

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  3. Can i sue a school that i was sexually assualted at in 2008?

    Answered over 2 years ago.

    1. Lauren Craig Redmond
    2. Henry Lebensbaum
    3. Andrew J. Gambaccini
    3 lawyer answers

    The prior responses are correct that there are some variables here. Generally speaking, for most claims that would be associated with your situation, there is a three year window to file a lawsuit from the point at which a reasonable person would know of the damage at issue. It is not necessary that all of the details be known for that clock to start running - for instance, you might know that you were assaulted but not know the name of the attacker. There, the knowledge of the injury is...

  4. Do I need a lawyer for tenants rights when landlord hires a police officer to do query check?

    Answered over 2 years ago.

    1. Aaron H. Hutchins
    2. Lauren Craig Redmond
    3. Thomas J Callahan
    4. Andrew J. Gambaccini
    4 lawyer answers

    Piecing together the information in your original question with the information in your supplement, I am gathering that you sought housing from a landlord and, in connection with that application, the landlord indicated that he would run a criminal history check that you paid to be run. You now wish to have the landlord release to you the report that he received. In Massachusetts, landlords to have the ability to have a criminal background check performed on potential tenants. It sounds...

  5. Personal injury in supermarket

    Answered over 3 years ago.

    1. Andrew J. Gambaccini
    2. Christian K. Lassen II
    3. Jeffrey Mark Adams
    3 lawyer answers

    Without a formal proceeding, such as a lawsuit, being commenced, there generally is no ability to compel another person or entity to produce material that might be relevant to your claim. If a proceeding in court were to be initiated, you or your lawyer then would have the ability to request relevant materials from the other side. If the other side refuses to produce the material on the basis of a privilege after a formal request is made, the dispute then can be brought to the attention of...

  6. How long do you have to file a civil rights violation lawsuit in MA.

    Answered over 3 years ago.

    1. Andrew J. Gambaccini
    2. Isileli Tupou Manaia Mataele
    2 lawyer answers

    It is a little difficult to answer the question with the limited information provided, including the nature of the right you claim to have been violated. Civil rights claims in Massachusetts (both federal and state) have a three year statute of limitations. That time period begins to run, or "accrues", when an event occurs that is likely to put a reasonable person on notice of a claim. You do not need to know every fact or allegation concerning what would become your claim, so usually your "...

  7. Do i need a civil attorney

    Answered over 3 years ago.

    1. Andrew J. Gambaccini
    1 lawyer answer

    Although your post contains little by way of detail, generally speaking it never hurts to consult with an attorney to determine if you have been legally wronged in some manner (also giving you guidance on the costs and other practical considerations that go into bringing a lawsuit). Many attorneys will provide such consultations for free, while others might charge a modest fee. In either event, consulting with an attorney is a good option because you can provide him or her with a great amount...

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  8. What does it mean due process according to the 4th Amendment? My attorney said you have due process as a parent?

    Answered about 3 years ago.

    1. Alan James Brinkmeier
    2. Christian K. Lassen II
    3. Andrew J. Gambaccini
    4. Todd Bruce Kotler
    4 lawyer answers

    Prior to responding to your question, I offer a general piece of advice given that you indicate that you have an attorney on this issue. Part of the job of your attorney is to explain things to you in a way that you can understand, at least in a general way, your situation and your options. Now, it certainly could be the case that your attorney spoke quickly because he was late but, in the event that you are unclear about something related to your case or options, I think it would be wise for...

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  9. Seized, accosted, & transported, unwilling to a crime seine

    Answered about 3 years ago.

    1. Eric Edward Rothstein
    2. Christian K. Lassen II
    3. Andrew J. Gambaccini
    3 lawyer answers

    Although it is clear that you have received your son's version of events, I suspect that there is more to the story from the perspective of law enforcement or from the person who appears to have been the victim of whatever crime allegedly occurred. Most of what you indicate (lack of involvement in a crime, a failure to identify your son by the complainant) as the basis for the assertion that his rights have been violated are exactly what the criminal process is for - to decide these very...

  10. If someone has been served 3 times be granted a retrial if they claim they never been served

    Answered over 3 years ago.

    1. Andrew J. Gambaccini
    1 lawyer answer

    Proper service of process often can be a technical and difficult to achieve task in various sets of circumstances. Unfortunately, constable and other process servers often overlook technical defects in the name of expediency and because, in many cases, technical defects might be overlooked. For example, you reference service at work, a process server might arrive at a person's office to serve that person and, learning that the person is out at lunch, might leave the material with a secretary....