Kevin Barron’s Answers

Kevin Barron

Boston Federal Crime Lawyer.

Contributor Level 11
  1. Wrongful termation due to defamation of charachter, do I have a case?

    Answered about 3 years ago.

    1. Kevin Barron
    2. William T Harrington
    3. Alan James Brinkmeier
    4 lawyer answers

    The first thing I would want to know is whether you have a contract of employment, whether in the form of a written, signed agreement or a policy manual. The fact that your corporate employer is trying to manufacture reasons to discharge you makes me think that you might not be an employee at will. Defamation actions are often difficult for the plaintiff and require thorough prior investigation.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  2. I snorted too many bath salts and saw people with guns come into my room.

    Answered about 1 month ago.

    1. Daniel Simon Hahn Szalkiewicz
    2. Jonathan R. Miller
    3. Kelvin P. Green
    4. Rixon Charles Rafter III
    5. Stephen F Wallace
    6. ···
    7 lawyer answers

    I don't think this question can be answered by discussing unintended uses or poor judgment of the user. The bath salts are being sold as a drug. The damage does not stop with the user but extends to everyone whether individual victims of conduct on a psychotic episode or the costs of hospitalization and care for someone who becomes mentally ill from use. The individual in this case should have a remedy because it is in the public interest to give him one so that he can get medical care and...

    1 lawyer agreed with this answer

  3. Is there a good chance the DA won't prosecute?

    Answered about 3 years ago.

    1. Kevin Barron
    2. Dominic L. Pang
    2 lawyer answers

    You are in a bind here. If you told the police he does not live with you, then you may be open to charging in connection with false statement and malicious prosecution. This is not an uncommon problem when calling the police on domestic disputes. You may want to contact an attorney of your own. On the other hand, if there is a legitimate problem here - i.e., your boyfriend is violent, he was a mere guest and you threw him out and he broke in, then you should stick by your call to police....

    2 people marked this answer as helpful

  4. I am a landlord witha tenant who has not paid rent for month of november bu has paid for the following months up to feb

    Answered about 3 years ago.

    1. Phil A. Taylor
    2. Kevin Barron
    2 lawyer answers

    Perhaps you have sent timely notice of termination at least 30 days before the end of tern and you have made no errors with security deposits, last month's rent or committed some of the other errors that typically occur. If this is the case, an eviction action will go smoothly.

    1 person marked this answer as helpful

  5. If one who is under a Federal restitution order, conceals assets and wages, what are the potential penalties.?

    Answered about 3 years ago.

    1. Kevin Barron
    2. John Leif Fossum
    3. Robert Marshall Sanger
    3 lawyer answers

    Let's look at the statutes. Restitution orders are now mandatory under 18 USC 3663A(a)(2) "in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant’s criminal conduct in the course of the scheme, conspiracy, or pattern." This includes most all mail and wire fraud cases, offenses involving personal injury and many others in which a victim was deprived of money or property. Look at subsection (c)...

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  6. How do I get a Federal Drug conviction expunged from my record in Utah?

    Answered about 3 years ago.

    1. Jeffrey Donald Kent
    2. Kevin Barron
    3. Peter J Tomao
    3 lawyer answers

    There is no expungement of a federal conviction. A defendant may institute a collateral attack under 28 USC 2255, but any such claims, if they existed, would very likely be time barred under AEDPA's one-year statute of limitations. The only circumstances that might allow a collateral attack at this point (if there ever was such claim), would probably be newly-discovered evidence of innocence. If you are represented by an Assistant Federal Public Defender or a Criminal Justice Act Panel...

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  7. Where do I find info on how a rule35 maybe give a third party helping the government credit on a love one serving time sentence?

    Answered almost 3 years ago.

    1. Stephen D Aarons
    2. Kevin Barron
    3. John Leif Fossum
    4. Joshua Sabert Lowther
    5. Coley O'Brien Reynolds
    5 lawyer answers

    The government will institute a Rule 35 motion for family cooperation on behalf of an incarcerated defendant. Usually, a judge will follow such a government recommendation, but not always. Usually active cooperation is necessary to obtain Rule 35 relief. Effectively, there is no time limit on such a motion as long as it is one brought by the government. Sometimes an innocent family member, usually a mother or father, risks his safety for a wayward child. Sad, really.

  8. Will the state press charges against in a domestic violence case if my wife wont testify and she is not willing to pursue?

    Answered about 3 years ago.

    1. Philip W. Mason
    2. Dominic L. Pang
    3. Kevin Barron
    4. Gregory Casale
    4 lawyer answers

    If your wife filed a false report she will not want to compound her problem with false testimony. The state - specifically the Victim Witness Advocate will try to persuade her to testify against you. One of the problems about domestic violence litigation and prosecution is that it keeps happening and the family eventually becomes a statistic.

  9. Child support still required for self-supporting college student?

    Answered about 3 years ago.

    1. Kevin Barron
    2. Eric Schutzbank
    3. Philip W. Mason
    4 lawyer answers

    We decide that the Probate Court judge hearing the contempt actions could properly conclude that the father's obligation continues until the child is emancipated as defined by G. L. c. 208, § 28, as amended by, St. 1976, c. 29, § 1 (i.e., the child has attained age eighteen but "not attained age twenty-one, . . . is domiciled in the home of a parent, and is principally dependant upon said parent for maintenance" Tatar v. Schuker, 874 N.E.2d 481, 70 Mass.App.Ct. 436 (Mass.App. 10/09/2007). I...

  10. Child support still required for self-supporting college student?

    Answered about 3 years ago.

    1. Kevin Barron
    2. Eric Schutzbank
    3. Philip W. Mason
    4 lawyer answers

    Emancipation is a ground for pursuing a complaint for modification. I can talk to you about it if you like.