There is a difference between a stay away order imposed as a condition of release on an active criminal case, and a restraining order imposed under Chapter 209A, even though both have the same practical effect.
A 209A order is civil in nature. Violating a civil 209A order can result in the violator being charged criminally for violating a 209A order. A 209A order can order the defendant to do things in addition to having no contact with the alleged victim, such as not abusing the victim, surrendering custody of any children, and surrendering any firearms and firearms licenses. 209A orders typically are granted for a 6-12 month period, after which time the victim can apply for additional extensions of the order. It is up to the judge to determine the length of the 209A order, and any subsequent extensions. Some 209A orders can be permanent.
A stay away order imposed as a condition of bail prohibits only contact. It cannot order a defendant to do as many things as a 209A order can. The stay away condition is active for as long as the underlying criminal case is active, even if that case is active for years.See question
You certainly can contact the defendant's lawyer. You are free to speak to anyone you wish. If someone from the DA's office tells you not to speak to the defendant's lawyer, or an investigator working for the defense, then this is both highly unethical and an act of witness intimidation. Note that the defendant's lawyer has a duty to represent his/her client, and no duty to look out for your legal rights. It is possible in speaking to the defendant's lawyer that you reveal information that may be harmful to you. It is best to have your own lawyer do your talking for you, whether that lawyer is speaking to the defendant's lawyer, the police or the DA's office.
Dominic PangSee question
It's a domestic violence case
A stay away order is a condition of release imposed by the court at arraignment. It is separate and distinct from a restraining order, and accordingly has different consequences for violating it. If you were to violate a condition of your release, you could be held without bail for up to 90 days under General Laws Chapter 276, section 58.See question
My husband has a revoke and revise hearing later this week, is it the discretion of the judge whether the motion filed warrants a hearing, or is it mandatory a hearing is held because it was filed? He will have served 120 days of his 1 year senten...
Filing the motion to revise and revoke within 60 days of the disposition, as required under Rule 29, does not make it mandatory that a judge grant a hearing on the motion. It is in the judge's discretion whether to grant a hearing on the motion, or to decide the motion without a hearing.See question
I am a leveled sex offender. what must I do to get my level reduced
Contact an attorney who practices Sex Offender Registry Board (SORB) work. You can appeal your initial classification to SORB, and if SORB still classifies you higher than you feel you should be classified, there is an additional appeal to the Superior Court.See question
Hello, I was arrested in MA in 2014 on a B&A(domestic violence). The case was dismissed My iCORI report says"No record Found" Do i still need to get the case sealed? Will it show up in background checks if it remains as it is. Als...
There are a number of reasons why the A&B charge doesn't appear on your iCORI report. For example, perhaps there is somebody else who has the same name as you, and the report you received is actually this other person's report. Perhaps the criminal record information didn't get input correctly into the CORI database. Perhaps the criminal record information has not yet been entered into the CORI database.
Let's start with what we know. We know that you were arrested on an A&B charge. If you were arrested, then you were likely brought to court and arraigned. If you were brought to court and arraigned, then there is a court record of the arraignment and the charges. If the matter was not dismissed prior to an arraignment (domestic A&B charges are rarely dismissed prior to arraignment), then there will be a court record of subsequent court dates. If you were arrested, there will be an arrest record with the State Police and with the FBI.
A background check goes beyond what is shown in the iCORI record that comes from the Department of Criminal Justice Information Services (DCJIS). A background check looks at the courthouse records and might even query the fingerprint-driven arrest databases. As such, even if the charge legitimately doesn't appear on your iCORI report, this doesn't mean that the charge itself can't be discovered.
Sealing your CORI causes the courthouse records to be sealed as well. Part of the sealing process should include updating the State Police arrest database to reflect the dismissed nature of the charges. Oftentimes, the State Police database does not show the ultimate outcome of the case, and will list dismissed charges as "Open" charges. Compounding the problem is that the FBI database goes off of what the State Police database says and if the State Police database is not updated to reflect the dismissed status of the charges, the FBI database will be incorrect also.
Bottom line: you should seal this charge even if you don't currently see it on the iCORI report you obtained, because sealing 1) seals the courthouse records, 2) allows you to say that you have "no record" when asked about criminal history, 3) seals the CORI report should the charge be added later to your CORI and 4) updates the State Police and FBI arrest records to show that this case was actually dismissed.
As for the prior arrest for driving with a suspended license, this charge might not appear on your CORI for the same reasons that the A&B charge doesn't show up. A background check might reveal the existence of the driving charge, unless it was dismissed prior to arraignment.
I would recommend that you hire an experienced sealing attorney to figure out why the charge or charges don't appear on your CORI, make any necessary corrections, seal the CORI and courthouse records and update the dispositions in the State Police and FBI databases.
Dominic PangSee question
I was in my car in a parking lot at a hotel . the police drove throw seen me looked throw my car then took my room key and went up and woke my wife up found move class b drugs and charged me with 4 possession of class b ... Can they do that just g...
The rule is that the police cannot enter your residence without a warrant, or without an exception to the warrant requirement. Exceptions to the warrant requirement that may apply in your situation are: 1) consent, 2) exigent circumstances, 3) plain view, 4) search incident to lawful arrest, 5) motor vehicle exception, 6) inventory search. Another exception to the warrant requirement that may not be applicable to your situation, but are listed here for the benefit of other people reading this posting is the community caretaking exception.
It is important to examine not only the search of the room, but also initial stop of you and the search of your car. If there has been a violation of your constitutional rights, evidence and/or statements obtained as a result of a search may be suppressed from evidence at trial. Contact an experienced criminal defense attorney to determine your strategy and defenses.
Best of luck,
I was summonsed to court for a minor in possession of alcohol charge. I'm a 20 year old college student in Boston. We threw a party at my house, police shut it down and wrote up my roommates and me (all 20 years old) for MIP. There was no alcohol ...
The other attorneys have addressed the license issue. Note that before a license or right to operate can be suspended, one has to be first "convicted" of minor in possession. There will be a few opportunities to avoid a conviction of this charge.
Most minor in possession (MIP) charges are given a clerk's hearing before a official criminal complaint is issued. If you were summonsed to appear in court, there is a good chance that the court event is a clerk's hearing. You can tell by looking at the number at the top of the summons. If it has the letters "AC" in it, ie 1501AC001234, then it is a summons for a clerk's hearing. If there is a "CR" in the number, ie 1501CR001234, then it is a summons to appear for an arraignment. The distinction is important because a clerk's hearing is your first chance to resolve this charge short of a conviction, and many MIP charges do not proceed past the clerk's hearing, especially when the person has no prior record.
The job of the clerk is to determine 1) if there is "probable cause" to issue a criminal complaint against you and 2) if there is probable cause, whether or not to actually issue the complaint against you. A clerk's hearing is an excellent opportunity for your lawyer to advocate for the non-issuance of the complaint. If the clerk doesn't issue the complaint against you, you won't be arraigned on the charge, the charge won't appear on your record and you won't be convicted of the charge.
What happens if the complaint issues? You will be scheduled to be arraigned on the charge. If you get arraigned on the charge, the charge will appear on your criminal record. However, the arraignment is the second chance your lawyer will have to resolve the case. With persons with no criminal record, most MIP charges are dismissed at arraignment, perhaps on the payment of court costs and/or the performance of some community service.
The important thing to do right away is to find an attorney to represent you. Whether the next court event is a clerk's hearing or an arraignment, having an attorney representing you will maximize your chances of preventing a conviction, and the collateral license loss.
Best of luck,
Dominic PangSee question
I requested my own CORI and it showed up. Will an employer not be able to see it?
A successful CWOF results in a dismissal, which is not a conviction. Whether or not one is convicted can effects who can see the charge on the CORI. in your case, however, the distribution is moot, as schools can see both convictions and non-comvictions. There is also the record of the arrest that is contained in a finger print database that a school may run and learn of your charges.
If you sealed your CORI, The school will not be able to see that you have a charge on your record. Sealing A non-conviction requires going to court and convincing a judge that your case meets The legal tests for sealing. This is something that should be done using a lawyer. If you start soon, you might be able to get your record sealed in time to avoid losing the job.
Dominic PangSee question
Hello. My boyfriend is in jail 90 days no bail. Apparently there was a situation aug 23th that I called the police. I don't remember a thing as I was extremely intoxicated. The DA's wants me to go testify. I have nothing I can say. And I am in an ...
A letter to the clerk, or to the DA, won't result in the charges getting dropped. Unlike in a civil case, it is not up to the alleged victim to decide whether or not to proceed with criminal charges against the defendant. In a criminal case, the state (aka the prosecution), not the alleged victim, pursues the charges against the defendant. The state does so on behalf of the victim and on behalf of society in general. As such, even when the alleged victim does not want the state to prosecute the defendant, the state does not need to do what the victim wants.
This is not to be confused with the fact that the prosecutor usually needs the victim to testify AT TRIAL in order to prove its case against the defendant. An example of when the prosecutor would need the victim to testify at trial is when the victim is the only witness to the alleged crime. While the prosecutor can refuse to drop the charges against the defendant before trial, even if the victim does not intend or cannot testify, when it comes time for trial, the prosecutor will need that victim to testify, or else the trial against the defendant cannot even get started, and the charges will have to be dropped at that point.
It sounds like your boyfriend was held after a finding of dangerousness. 90 days without bail is how long someone can be held pretrial if the court finds, after a dangerousness hearing, that the defendant is dangerous and no condition of release would adequately assure the safety of the community. If you are the only witness and you do no intend to testify/cannot recall anything and therefore cannot testify to anything, or if you have a 5th amendment privilege against self-incrimination to assert, you need to tell your boyfriend's lawyer as soon as possible. It is possible that your boyfriend's case could actually be scheduled for trial within the 90 day period. If that is the case, and the charges are dismissed at trial because the prosecution cannot proceed without your testimony, then your boyfriend will be released once the charges are dismissed.
It sounds like you were summonsed to appear at a future court date. While the summons is a court order and you have to comply with a court order, the usual practice if a victim of domestic violence doesn't show up to testify is to NOT seek a bench warrant for her. This may or may not be the way the court handling your boyfriend's case handles it when the victim doesn't appear. Ask your boyfriend's lawyer, or another lawyer who is familiar with the court that this case is being tried in.
Best of luck,
Dominic PangSee question