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Dominic L. Pang's Answers
Contributor Level 15
- 1,005 Legal Answers
- 11 Legal Guides
3
Attorney answers:
I was arrested 3 times for assault and battery ( no physical contact with complainant) but was still arrested
These charges will appear on your CORI, albeit it will show that the charges were dismissed. The arrests will also show up on the FBI Triple I database, although the Triple I sometimes does not reflect the current dismissed status of the cases. While the charges show up on your CORI, they will not show up as, nor are they actually, convictions. Your CORI can be sealed, making these charges inaccessible a majority of parties requesting to see your CORI. As the charges were dismissed outright,...
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5
Attorney answers:
Can they dismisss my case if my brother dont show up to court?
If your brother is the only witness to the alleged assault and battery, then the prosecution will need him to appear at trial in order to proceed. If he does not show up, the charges will be dismissed. He does not need to appear at the pretrial hearing, however. The only time he needs to show up is at trial. Your brother may have a 5th amendment privilege to validly refuse to testify. If he asserts his 5th before trial and the judge accepts that he has a valid 5th, then the case may get...
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3
Attorney answers:
How can I turn false charges against me in a civil matter into criminal charges against the person who falsely accused me?
You can report the crime to the police, who may or may not apply for a criminal complaint against the person. If you go to the police, bring in all your proof that you have to support the allegation that the person committed a crime. If the police opt not to file the complaint, you yourself can file a private-party criminal complaint in the district court where the charge originated. It will cost you $15. Make sure to include in the affidavit you sign with the application facts that...
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5
Attorney answers:
I was released from prison seven days ago and there is a restraining order in place. How do I obtain my personal property?
Prepare and file a motion with the court to access the property to retrieve your belongings, making sure to serve a copy to the ex's attorney in hand or through the mail. You will be asking that a judge allow you to go to your former residence with a police escort, at a time that is convenient to all parties. Your motion should include why you think your property is to be found at the residence, as well as why you need to get the property, and identify as specifically as possible the items...
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5
Attorney answers:
I was arrested on a dwi but I was assaulted just prior to dwi and police did nothing after I had filled out the victim form!
If the police refuse to file an application for criminal complaint against the persons who assaulted you, you have the option of filing a private-party complaint in the district court that covers the town that the assault occurred in. It will cost you $15. Upon receiving the application and your affidavit of the facts alleged in support of the complaint, the clerk will schedule a clerk-magistrate's hearing and send a notice of the clerk's hearing to the other party(s). The other party(s) will...
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4
Attorney answers:
Is a CWOF truly any better than pleading guilty?
A CWOF is not visible to everyone. There are differing levels of access to a person's CORI. Members of the general public are limited to seeing convictions on a person's CORI. There are entities with enhanced level of CORI access, for example nursing homes and child care facilities, who can see convictions, pending cases and non-convictions, but entities without an enhanced level of access cannot see the CWOF. At the risk of sounding cynical, I would venture to say that even being charged...
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5
Attorney answers:
First offense of Larceny under $250 in MA question.
The chance of receiving any jail time on this are extremely slim. The employer may even not seek criminal charges against you; perhaps firing you is enough for the employer. Even if charges are sought, the likely outcome if the matter proceeds past a clerk's hearing, is a CWOF and a short period of probation with some restitution for the money you stole. You may also be able to get the matter dismissed upon payment of court costs and/or community service (to convince the court that you have...
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6
Attorney answers:
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Dangerous weapon/what should I expect in court?
Get a lawyer and fight this charge. You were not carrying a dangerous weapon, and the search of your vehicle may have been illegal. You do not mention why you were stopped - this fact would impact the motion to suppress. There may be options short of full-blown litigation, given the nature of the weapon, your lack of criminal record and the possibly illegal search; a criminal defense lawyer should be able to counsel and advise you on the best way to handle this matter. Best of luck,...
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3
Attorney answers:
As a minor, if I file a sexual harassment report with my local police department, will my parents be notified?
Sexual harassment is not actually a crime, but rather a civil wrong, aka a tort. A sexual harassment allegation is not handled by the police. Unless the other party has threatened to commit some sort of crime against you, for example, to harm you physically, there is really nothing the police can or will do. Your age makes you old enough to consent to sex, as the age of consent is 16 in Massachusetts. I suspect that you may be equating sexual harassment with criminal harassment, the latter...
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8
Attorney answers:
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Illegal immigrant summoned to court for driving without license, what is likely to happen in the arraignment in Massachusetts?
First offense driving without a license is not a crime punishable by jail time in Massachusetts. The penalty for an unlicensed operation charge is a fine between $100-$1000. As there is no possibility of jail time, you will not given a court-appointed lawyer. Rather, when you show up for your arraignment, the judge will ask you if you are willing to waive counsel and work something out with the prosecutor. If you agree to waive counsel, the prosecutor will likely agree to a dismissal...
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