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Austin M Joyce

Austin Joyce’s Answers

5 total

  • Rejection of FID?

    I live in MA. and want to apply for my FID card. 10 years ago, at age 17 i was possiably convicted of larceny over 250. Will this keep me from getting my firearms permit? i'm in the process of getting my CORI because i don't remember if the charg...

    Austin’s Answer

    A felony conviction, even as a juvenile offender, would disqualify you from obtaining the firearms permit, and larceny over $250 is considered a felony.

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  • Need help fighting wrongful Disorderly Conduct charge after reporting neighbor threatened to slit my throat.

    Police department was tired of having to respond to numerous reports regarding underage drinking, illegal drug use, and loud partying from upstairs neighbors. The last complaint came from me, after the 18yr old daughter threatened to slit my th...

    Austin’s Answer

    The situation you describe is unusual, and I wonder if there is not some more to the story. I recommend that you consult with an attorney in your local area who has experience in criminal cases. That attorney should be able to assist you and resolve the matter.

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  • What are the processing requirements for properly processing a defendant in a federal case?

    What are the processing requirements for properly processing a defendant in a federal case?

    Austin’s Answer

    In order to point you in what I hope is the correct direction, I am going to assume that you have already filed your complaint with the federal court and are asking how you effect service of the lawsuit on the defendant. Rule 4 of the Federal Rules of Civil Procedure govern the manner in which you may serve a federal lawsuit. The options are several, and the best depends upon the particulars of your situation. Most public libraries will have a copy of the rules; all law libraries certainly will have a copy. You may also find the rule at the federal court, or its website, where you filed the lawsuit. The federal district courts often have local rules about how much time within which you must serve the defendant.

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  • Is there any penalty if opposing party says they want to settle but doesn't offer a counteroffer?

    If a client has a change of mind about settling, does his attorney have a duty to inform the opposing side? Thank you.

    Austin’s Answer

    It would depend upon the nature of the settlement discussions. If the attorneys were discussing specific settlement offers and counteroffers with their clients' authority to make those offers, then the attorney would have to relay his/her client's new position. If, on the other hand, the discussions were of a more hypothetical nature, then the attorney probably does not have to relay the client's current position. If the parties have agreed upon the terms of the settlement and one party then changes his/her mind, the attorney would need to notify the opposing counsel. There may be enforcement of the settlement by the court, which also might include some type of penalty or sanction because the party failed to complete the agreed upon settlement. The timing of the notification in any case may depend upon whether the party's attorney thinks that further discussion with the party may change his/her mind again.

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  • Police chief divulges private conversation that results in financial loss by other party.

    I am a journalist who recently met with a police chief in his office to discuss a personal, private and confidential problem with his guarantee that the conversation would remain as such. The chief then made a report of the discussion without my k...

    Austin’s Answer

    The fact that the chief admitted his intent was to inflict emotional distress is one element of an intentional tort. Whether you can prove the remaining elements depends upon a lot of factors that are not evident from your posting. Regardless of your agreement with the chief as to the private and confidential nature of your conversation, there may have been something in the subject matter that raised public safety concerns for him that he thought needed to be reported to interested parties. One of those concerns may have been your continued access to police personnel, practices and information. There are no privileges associated with your conversation with the police chief as there are with your spouse, attorney, doctor, therapist and confessor. Whether your discussion implicated any constitutional right to privacy depends upon the subject of the discussion with the chief. Not every topic forms the basis for a privacy right. I suggest that you consult with an attorney who can evaluate your case based upon a full discussion of the situation.

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