John E DeVito’s Answers

John E DeVito

Dedham Criminal Defense Attorney.

Contributor Level 12
  1. I need answeres to questions on an armed robbery. Witness identified robber as 5'8" tall weighing around 180.

    Answered about 1 year ago.

    1. John E DeVito
    2. Steven D. Power
    3. John Brooks Seed
    4. Ilir Kavaja
    5. David C. Newton
    6. ···
    8 lawyer answers

    If your version of the facts are correct then you will win the case. Your attorney will get the video during the court discovery process and your attorney will be able to access the Board of Probation record of the witness. Hire a competant and experienced criminal attorney.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Is it legal for a 24 year old to date a 16 year old in massachusetts

    Answered over 2 years ago.

    1. John E DeVito
    2. Dominic L. Pang
    3. E. Alexandra Golden
    3 lawyer answers

    It is not a crime to date a 16 year old if you are 24. Statutory Rape occurs if one has sex with someone under the age of sixteen. Indecent assault and battery occurs if you touch someone sexually without their consent. What I have provided are legal definitions; whether you are using good judgment dating a 16 year old is your decision. One thing is certain, dating without the consent of the mother will only lead to problems.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Confession to a crime while drunk

    Answered about 2 months ago.

    1. John E DeVito
    2. Ryan P. Sullivan
    3. Anthony Bettencourt Cameron
    4. Dominic L. Pang
    5. John Joseph VanDervoort
    5 lawyer answers

    There a re many factors that the courts consider in admitting confessions. Among those that might affect your son's case are age, understanding of rights and voluntariness. If he is under 18, a parent should be available before questioning. He must be in a state where he understands his right to remain silent (Miranda) and he must be in a state where he can voluntrily waive those rights. Intoxication could impact the latter issues. Based on the type of charge there may not be a need to...

    10 lawyers agreed with this answer

  4. Cori reform MA

    Answered over 2 years ago.

    1. John E DeVito
    2. Dominic L. Pang
    2 lawyer answers

    The new CORI law takes effect in May of 2012. A key change is that misdemeanors can be sealed 5 years from the day your last offense was terminated (as opposed to 10 years) and felonies can be sealed after 10 years (as opposed to 15 years). Any dismissals, matters continued without a finding and matters that were nolle prosequi are not disseminated to the public. There are exceptions. You have a unique problem if you work in the medical field. Certain medical employers have complete access...

    10 lawyers agreed with this answer

  5. I work at a pharmacy and I was charged with larceny over $250 tonight, some Rx items, mostly front store items,what should I do?

    Answered over 2 years ago.

    1. John E DeVito
    2. Stephen P. Kelly
    3. Robert A Stolzberg
    4. Henry Lebensbaum
    4 lawyer answers

    From your statement it appears that you were arrested and will be charged with multiple crimes. I reach that conclusion that you were arrested because you had to post a $40 bail. I suspect you will be charged with multiple offenses because you admitted to multiple larcenies and to possession of controlled substances ( Class C & E ). Hire an attorney immediately. There may not be a basis to win the case outright ( based on the facts represented); but, there are multiple dispositions that are...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Am I entitled to see witness statements at police station?

    Answered over 2 years ago.

    1. John E DeVito
    2. Stephen P. Kelly
    3. Dominic L. Pang
    3 lawyer answers

    The short answer is yes, you are entitled to all witness statements in the possession of the police. Typically the Assistant District Attorney will provide all police reports and witness statements at the Pre-trial Conference which is the next event after the arraignment. If statements are not produced, your attorney can motion the court for those statements and the court should enter an order requiring the police to provide you with copies.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Regarding about child pornography.

    Answered 13 days ago.

    1. John E DeVito
    2. Rondee Eagle
    3. Donna Keady Booth
    4. Jaye L. Samuels
    5. Jay Scott Finnecy
    5 lawyer answers

    I am a criminal attorney. Sending nude photos which are not porographic is not a crime between consenting addults. If you are 17 and sending nudes it could be construed as dissemination of pornography, a 10 year felony because it is a picture of a minor ( someone less than 18 years of age). I suggest you consult with a criminal attorney. You might want to have your mother consult with the same attorney to fully understand the potential consequences you will be facing if she reports you to...

    8 lawyers agreed with this answer

  8. Do I need to appear in court when my probation ends?

    Answered 12 months ago.

    1. John E DeVito
    2. Terri D. Leary
    3. Joseph Brian Simons
    4. David C. Newton
    4 lawyer answers

    No, but you were smart to call your probation officer ahead of time to confirm that there are no outstanding issues to delay the termination.

    8 lawyers agreed with this answer

  9. Can I get a copy of my husbands sentence? If so where can I go to do so.

    Answered over 1 year ago.

    1. John E DeVito
    2. John Brooks Seed
    3. Robert D Lewin
    4. Lauren Craig Redmond
    5. Joseph M. Pacella
    5 lawyer answers

    The court docket sheet is the official record of the court proceedings in a case. It includes the sentence. Go to the courthouse were the case originated and get a copy of the docket sheet. That docket can be reviewed by an attorney. If I were the reviewing attorney, I would also like to see the police report which can also be obtained from the court.

    8 lawyers agreed with this answer

  10. What are the chances this will go to trial?

    Answered about 2 months ago.

    1. John E DeVito
    2. Terri D. Leary
    3. Joseph Brian Simons
    4. Jefferson W. Boone
    5. Henry Lebensbaum
    6. ···
    6 lawyer answers

    It is likely that the matter will be stopped at the Clerk/Magistrate level. Most Magistrates will see that the case is not about negligent operation but about a personal issue. Hire an experienced criminal attorney to guide you through the magistrate process. The attorney fees will not break the bank, particularly if it is stopped at the Magistrate level.

    Selected as best answer

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