Nicolas A. Gordon's Answers

If the police during a protective sweep go threw the pockets of a pair jeans that belong to someone,

A protective sweep would not authorize the police to search the pockets of a pair of jeans. A protective sweep occurs when the police search each room of a house in order to determine whether there are any people in those rooms who may pose a threat to thier safety. A protective sweep is done quickly - is designed to "clear" each room in house or other structure. During a protective sweep, the police may only search areas in which a human being might be hiding - such as in closets or under...

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What does this mean: "WARRANT is requested because prosecutor represente that accused may not appear unless arrested" ?

I am a Massachusetts attorney and I only practice Criminal Defense. I am a former Assistant District Attorney. The best thing your friend can do is to go to the district court that issued the warrant as soon as possible. The worst thing that could happen under these circumstances is for your friend to have any contact with the police prior to turning himself in at the courthouse. If your friend interacts with the police (for example, if he is pulled over for speeding or if the police go...

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Can I talk to the victim advocate; in the court I guess the distric attorney and how do I approach them?

Yes. The District Attorey's Office is there to help you. Start by calling them and setting up a meeting with the Assistant District Attorney assigned to your case. Good luck.

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I am asleep at home and there are others in my house making noise, can I be charged with disturbing the peace?

I am a Massachusetts Criminal Defense Attorney and a former Assistant District Attorney. Disturbing the peace is not a crime for which there is vicarious or accessory liability. You can only be convicted if you engaged in fighting or threatening or some other violent or tumuluous behavior that served no legitimate purpose. Based on your post, the police will, literally, have no evidence whatsoever that would link you to the disturbance that might have been created by someone else. The only...

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Im 18 charged with grand larceny over 250? could i go to jail?

Larceny Over is a felony. Do not resolve this case without the assistance of an experienced Massachusetts criminal defense attorney. Do not speak to the police or the DA's Office. If you email me the details of your case I would be more than happy to tell you what I think you are looking at. Good luck.

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Larceny of a motor vehicle

I am a Massachusetts Criminal Defense Attorney and former Assistant District Attorney. Less than two weeks ago, I defended a client accused of this charge and the verdict was "Not Guilty." Based on what you have written in your post, the Commonwealth will fail to prove these charges. Here are the elements of Larceny of a Motor Vehicle (That is, what the Commonwealth must prove beyond a reasonable doubt to win the case) taken directly from the model jury instructions: "In order to prove...

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Need a criminal defense attorney.

I am a Massachusetts Criminal Defense Attorney and a former Assistant District Attorney. If you are able to pay any portion of the restitution - no matter how small - you should consider returning to Massachusetts and appearing at the District Court out of which your probation was supervised. If you appear voluntarily with some portion of the restitution and you are willing and able to enter into a payment agreement with the court, the court will be very likely to work with you as opposed to...

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I was charged with possession of fire arm 6 years ago. The case was continued without a

In Massachusetts, when you resolve your case with a CWOF you admit that there is a sufficient factual basis upon which a jury could find you guilty. This means that a CWOF is an admission of guilt. Even though the charge is ultimately dismissed, you did admit guilt. Think back to the colloquy you went through in front of the judge. The judge asked the prosecutor to read the police report and asked you to listen carefully. after the report was read, the judge said to you, "Are those facts...

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Is It Legal For A 16 Year Old To Sexually Be With A 25 Year old If The 16 Year Old Has Parental Permission?

A few months ago, I was in Barnstable Superior Court defending a client accused of drug charges. As I waited for my case to be called, I saw a young man arraigned for Inducing a Chaste Minor Inder 18. If the Commonwealth can prove that your boyfriend seduced you and that you were "chaste" at the time, then they could prosecute your bf under this statute. This is an obscure statute, but, now that I have seen a person charged with it with my own eyes, I no longer advise clients that 16 is the...

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Criminal Complaint charges dropped?

You must appear in court on the day you are scheduled to be arraigned. My office is in Mansfield and I frequently appear in Taunton and Attleboro District Courts. Who is your probation officer? Under what circumstances did you pass a bad check? Feel free to contact me for a free consultation at 774 254 4411. In the meantime, check out my website at: www.thecriminaltrialattorney.com When you are arraigned, the Court will automatically enter a plea of "Not Guilty" on your behalf. If you...

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