John E DeVito's Answers

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

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

Cori reform MA

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

Am I entitled to see witness statements at police station?

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

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?

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

I have a restraining order against my ex. he has an arrest warrant for armed robbery,how can i find out the status of his case?

I agree with Atty Redmon, you can check with the clerk's office if you know where the charges were brought. You can also call the victim advocate office of the district attorney in the court were you obtained your restraining order. The advocate can make inquiry into the probation department to see the status of his case; the advocate may also identify the court were the charge is pending.

7 lawyers agreed with this answer

Do I need a lawyer? What will court procedure be like?

Allowing an unlicensed driver to operate your car in Massachusetts is a misdemeanor offense which carries a jail sentence of up to 1 year in the house of correction and/ or a fine of up to $500. If this is a first offense you may be able to have the matter dismissed on court costs. If he took your car without permission; you have a defense to the case. Be careful, however,he could then be charged with Use without Authority. It is likely a reasonable disposition can be worked out, particularly...

7 lawyers agreed with this answer

Shoplifting in sephora

There appear to be a number of questions regarding shoplifting issues that appear on many different legal question and answer sites. This memorandum outlines the consequences associated with shoplifting in Massachusetts. If one is stopped in a store by store security any number of things can occur. The store could have you sign an agreement banning you from the store. They can call the local police who can arrest you or have you summonsed to court. The store may ask you to sign an...

6 lawyers agreed with this answer

1 person marked this answer as helpful

If I have a funeral to go to and my arraignment date is the same day can I reschedual

If you have a funeral to attend on the day of your arraignment, I suggest that you go to the Clerk's office of the Court in question and ask for there assistance in changing the date. You may even be able to get arraigned on the day you appear at the court. Most courts will accomodate your situation.

6 lawyers agreed with this answer

Cross examination OUI

Cross examination is one of the most critical if not the most critical component of a trial. It is most important for your attorney to do damage to the police witnesses. If your attorney can cause doubt in the minds of the jury through cross examination, your testimony may be unnecessary. If you and other witnesses must testify you must all be on the same page. You must know the facts of the case and must all be aware of the other witness' testimony. Good trial preparation by you, your...

6 lawyers agreed with this answer

I was assaulted in a bar by a person and because he was a regular patron all the witnesses were on his side ?

If you were charged with assault and battery hire a criminal defense attorney. If there are no criminal charges pending against you then you need a personal injury attorney. If this occurred in Massachusetts you can file an application for a criminal conplaint against the person who assaulted you. If you do file an aplication for a criminal complaint, and the police have not filed charges against you, then your assailant is likely to file a crosss complaint against you. Have an attorney with...

6 lawyers agreed with this answer