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Jose L. Serpa
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Jose Serpa’s Answers

102 total


  • This crime situation

    Ok how is this handled: if someone commits a crime and grabs a bystandard and holds a gun to his or her head threatening that if they call the police or whatever, he will shoot her or him in the head? How would it be handled, and what will be done...

    Jose’s Answer

    If you raise facts at trial that there was a need to defend someone, the judge will give you a jury instruction on "defense of another." The government would have to prove beyond a reasonable doubt that any violence you inflicted on the man with the gun was NOT done to defend the other person. It's a high burden for you to meet- you have to show that there were not other available options under the circumstances.

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  • Does my headmaster of my school heard a rumor that my friend stole an iPad does that constitute as probable cause

    What constitutes as probable cause

    Jose’s Answer

    I doubt that any police department would seek a search warrant over a stolen iPad. Nevertheless, an arrest warrant is a possibility since it can be based on hearsay and also requires only probable cause.

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  • How to prove if you are undergoing electronic harassment like voice to skull and to convict somebody who is doing it?

    If you are undergoing electronic harassment like voice to skull in which somebody continuously bombards harassing, threatening, bullying and stalking messages in your head 24/7 from remote places, then how to prove it and convict them? Thanks

    Jose’s Answer

    You're describing a classic symptom of paranoid schizophrenic disorder or other disorders with that as a feature. This is a difficult way to go through life without medical assistance, but help is available.

    If you haven't had help from a mental health professional, please consider doing so right away. There are therapies and medications that can help you see that what you believe is happening is not happening at all.

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  • Expunging felony conviction on grand larceny.

    I was wondering if there is a way to expunge a felony conviction (grand larceny) which happened 5 years ago? I know to seal it, one must wait 10 years. I am being blocked from admission to graduate program for this reason.

    Jose’s Answer

    Your best shot is a motion for a new trial as mentioned. See rule 30(b) of the MA rules of criminal procedure. There are grounds for allowance of the motion on the basis of "the interests of justice." If you can demonstrate the hardship this is causing you, there are judges who will entertain reversing your conviction on those grounds.

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  • Is it possible to reduce a conviction of grand larceny to misdemeanor after 5 years of good behavior? I live in Massachusetts.

    Is it possible to reduce a conviction of grand larceny to misdemeanor after 5 years of good behavior? I live in Massachusetts.

    Jose’s Answer

    No. If you're looking for post conviction relief you should explore a motion for a new trial (yes, even if there was no trial) or perhaps sealing or expunging the case.

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  • Been seeing prostitutes for years now I want to turn the tables around and help the police.

    Call girls, escort service after you pay her money for sex no matter what she calls her self its still prostitution. That's what I been doing for some years now, I been lucky never got arrested had few calls been robbed, lied, threatened. I am fin...

    Jose’s Answer

    You want to get these women arrested and incarcerated for revenge after using their services for years? Look elsewhere for advice. Maybe a shrink is your first stop.

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  • My computer was taken away in a search and seizure in February? What do I have to do to get it back or when?

    Non drug related

    Jose’s Answer

    Mr. Merrigan is correct. However, I have successfully moved the court to return property prior to the end of the case by arguing that the police cast too wide a net and seized property that had no relation to the investigation or the search warrant affidavit. I'm not sure that this is the case here, but the police have absolutely no authority to seize and to withhold your property unless it is valid evidence.

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  • I am being cited for leaving a scene of an accident , there was no contact with my car, a motorcycle passed me illegally

    the police came to my house and said there are witnesses that said I was break checking him< I didnt . now I got a criminal citation for leaving scene with injury < speeding,and reckless driving. also 2 days later now they are saying i hit his ti...

    Jose’s Answer

    Don't answer any police questions and speak with a lawyer. If there's no damage on your car you should have an investigator photograph and memorialize that with a report.

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  • I have soul physical and legal custody of my boys and we want to move out of state?

    I have soul physical and legal custody of both my boys and their dad is not involved in their lives. What would I need to do in order to move out of state legally? I also don't want their father around them without supervision due to alcohol use,d...

    Jose’s Answer

    I also disagree. There is a presumption in the Massachusetts Probate and Family Court against moving kids out of state to the the detriment of contact with the non custodial parent. I've handled these cases and there has to be a very serious hardship to be met to justify doing this. I also don't advise it on moral grounds. Kids need two parents.

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