Dominic L. Pang’s Answers

Dominic L. Pang

Cohasset Criminal Defense Attorney.

Contributor Level 17
  1. Does a Magistrate have the discretion to issue a CWOF during a show/cause hearing.

    Answered about 2 months ago.

    1. Dominic L. Pang
    2. Henry Lebensbaum
    3. Michael J. Szklasz
    4. Kevin P. Landry
    5. Anjali Gupta Stevenson
    6. ···
    7 lawyer answers

    A clerk magistrate does not have the power to give you a CWOF at a clerk's hearing. The clerk can 1) decide if there is probable cause to issue the complaint, and 2) decide whether or not to issue the complaint. What probably happened in your case was that the clerk did a general continuance, which is a good thing. He decided that there was probable cause to issue the complaint, but instead of issuing the complaint against you, he decided to postpone issuing that complaint for 1 year. If...

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  2. I had a CWOF in 2004 for A&B DW as a juvenile. Is my record visible? If so, can it be sealed? Thank you for your time.

    Answered 11 months ago.

    1. Dominic L. Pang
    2. Michael P. Gerace
    3. Robert D Lewin
    4. Jennifer Wang
    5. Keith G Langer
    5 lawyer answers

    Your juvenile delinquency record is visible to law enforcement entities, the courts and the military and the the Department of Children and Families in certain situations, but entities such as employers and landlords will not be able to see your juvenile record. You can seal your juvenile record since more than 3 years has elapsed since the start of the probation. You do this by way of an administrative petition filed pursuant to General Laws chapter 276, 100B. There is no need to go into...

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  3. I'm 17, if I were to engage in oral sexual activities with a 15 year old female in Massachusetts, would it be legal?

    Answered about 2 months ago.

    1. Dominic L. Pang
    2. Philip W. Mason
    3. Michael J. Szklasz
    4. Kevin P. Landry
    5. Jay Scott Finnecy
    6. ···
    8 lawyer answers

    Even assuming the 15 year old in fact consented, you could be charged with statutory rape and indecent assault and battery under the circumstances you described. This is because the law states that a person under 16 years old is not legally capable of consenting to a sexual act. The fact that it is oral sex and not intercourse does not matter. Do not engage in any sexual act with a person under 16 years old. Another common occurrence is that the 15 year-old's parents find out about the...

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  4. Need help!!!!!! Age of Consent in Mass???? I am 17 he is 22 HELP PLEASE !!!!

    Answered about 1 year ago.

    1. Dominic L. Pang
    2. Terri D. Leary
    3. Patrick Joseph Heffernan
    4. David C. Newton
    4 lawyer answers

    Statutory rape is unlawful sexual intercourse with a child under 16 years old. He could be charged with statutory rape if there is evidence that he had sex with you before you turned 16. Evidence of sex before you turned 16 could come in the form of your admission or his own admission, or the testimony of a 3rd party who witnessed hims having sex with you before you turned 16. If you and he had sex before you turned 16, neither you or he should make any statements admitting this, either in...

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  5. Can i be covicted of dui drugs for driving while smoking synthetic marjuana

    Answered over 1 year ago.

    1. Dominic L. Pang
    2. Terri D. Leary
    3. Ilir Kavaja
    4. Joseph M. Pacella
    5. Henry Lebensbaum
    6. ···
    6 lawyer answers

    There is not enough information in your posting to give a definitive answer. The fact that the marijuana was synthetic instead of natural does not matter, as OUI-Drugs does not require the prosecution to prove that the drugs that impaired your ability to operate a motor vehicle were not synthetic drugs. Whether or not the prosecution can actually prove beyond a reasonable doubt that 1) you were operating a motor vehicle, 2) on a public way and 3) under the influence of drugs depends on many...

    12 lawyers agreed with this answer

  6. If a case is being dismissed does that applied that the person will have a clean background check?

    Answered 8 months ago.

    1. Dominic L. Pang
    2. Michael P. Gerace
    3. Henry Lebensbaum
    4. Martsyl Joseph
    4 lawyer answers

    The charges stay on her CORI (aka criminal record) regardless of the outcome of the case. The only difference is that the CORI will show that the charges were dismissed or that she was found not guilty, whichever is the case. Charges are not automatically removed from a persons CORI when the charges are dismissed or if the person is found not guilty. Whether or not a party requesting her CORI will be able to see non-convictions on her CORI. Most Employers and all Landlords cannot see...

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  7. How can I be charged with these crimes?

    Answered 10 months ago.

    1. Dominic L. Pang
    2. Kathleen Ann Black Reynolds
    3. Eleanor R. Hertzberg
    4. David C. Newton
    4 lawyer answers

    The charge of procuring liquor to persons under 21 involves furnishing liquor TO someone under 21. Your age does not matter. The fact that you did not live at the house may be a valid defense at trial or a ground to dismiss the keeper of disorderly house charge prior to any trial. Consult with a lawyer prior to your court appearance to assess the strengths and defenses in your case. Dominic Pang (617-538-1127)

    11 lawyers agreed with this answer

  8. Can you be prosecuted for carrying a hand gun, if the cops illegally searched and beat you?

    Answered about 1 year ago.

    1. Dominic L. Pang
    2. John Brooks Seed
    3. Ilir Kavaja
    4. Steven D. Power
    5. David C. Newton
    6. ···
    7 lawyer answers

    You can be charged for illegally possessing the handgun, even if the initial search was illegal. The real question is whether or not the evidence seized from an illegal search is admissible against you at trial. If the evidence was seized illegally, then the evidence is suppressed from evidence at trial. If the evidence is suppressed, this usually means that the prosecution will not have sufficient evidence to proceed against you at trial, and the charge will be dismissed. The lawyer who...

    11 lawyers agreed with this answer

  9. Arrested for DWI on 5/31 in NH and have ma license. Refused breathalizer and have court 6/19. Completed cori for job today will

    Answered about 1 year ago.

    1. Dominic L. Pang
    2. Brian Goodwin
    3. Robert D Lewin
    4. David C. Newton
    5. Henry Lebensbaum
    6. ···
    6 lawyer answers

    The NH OUI charge will not show up on the MA CORI, as MA CORI will only contain MA charges. Since you were arrested, the record of the arrest will eventually appear in the FBI interstate identification index, which is not the same as the MA CORI. The MA RMV will be notified of your BT refusal and will suspend your drivers license, but RMV records are not CORI. An additional level of protection comes from the fact that the charges against you have not yet resulted in a conviction, and in MA,...

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  10. I was arrested 3 times for assault and battery ( no physical contact with complainant) but was still arrested

    Answered over 2 years ago.

    1. Dominic L. Pang
    2. Myong J. Joun
    3. Edward Jacob Sternisha
    3 lawyer answers

    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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