Michael L. Tumposky’s Answers

Michael L. Tumposky

Boston Criminal Defense Attorney.

Contributor Level 12
  1. Can you be charged for swearing at a judge in a courthouse while court is NOT in session?

    Answered 7 months ago.

    1. Eleanor R. Hertzberg
    2. Michael L. Tumposky
    3. Andrew W. Cowan
    4. Henry Lebensbaum
    5. Martsyl Joseph
    5 lawyer answers

    I believe that court has to be in session to be found in contempt under those circumstances.

    4 lawyers agreed with this answer

  2. What can i do?

    Answered about 1 year ago.

    1. Keith G Langer
    2. Michael L. Tumposky
    3. John M. Kaman
    4. Ian Keefe
    4 lawyer answers

    You say you've been convicted, but I assume you mean charged/arrested. If you recently tried to tender a plea, your attorney may be able to maneuver the case to a different judge. Perhaps he or she will offer you a probationary term. If the theft was to support a drug habit, you could show good faith by entering treatment. Good luck.

    4 lawyers agreed with this answer

  3. Other than the 10 days earned for programs and working. Is there any other way to knock off time from a prison sentence in MA.

    Answered 7 months ago.

    1. Martsyl Joseph
    2. Michael L. Tumposky
    3. Beverly Chorbajian
    3 lawyer answers

    Stay out of trouble so he can make parole in half time (you say he in an HOC).

    Selected as best answer

  4. My boyfriend got arrested for class b poss. with intent. it is his second subsequent offense, evidence is missing for the 1st.

    Answered over 1 year ago.

    1. Steven John Topazio
    2. Henry Lebensbaum
    3. Austin J Freeley
    4. Robert D Lewin
    5. Michael L. Tumposky
    6. ···
    6 lawyer answers

    Yes. Second offense for a Class B poss w/intent charge has a 2 or 3.5 year mandatory minimum depending on the substance (crack, cocaine and meth are 3.5). It is likely 3.5 for your boyfriend if he is being offered 2.5. Essentially, the DA is agreeing to reduce the charge to a first offense in exchange for a plea.

    3 lawyers agreed with this answer

  5. Driving without a license. what is the fine?

    Answered 7 months ago.

    1. Michael L. Tumposky
    2. Ryan P. O'Leary
    3. Anthony Rao
    4. Eleanor R. Hertzberg
    4 lawyer answers

    Probably an assessment of court costs in the range of $100-$300.

    Selected as best answer

  6. Questions about the MA drug lab scandal, is there a statute of limitations on file a motion to vacate a guilty plea

    Answered over 1 year ago.

    1. Michael L. Tumposky
    2. Lauren Craig Redmond
    3. Alexander M. Ivakhnenko
    4. Henry Lebensbaum
    5. Peter Eric Gollub
    5 lawyer answers

    You've asked a lot of questions. The only one that can be answered based on your post is on the statute of limitations. There is no time limit on when one can bring a motion to vacate a plea (which is called a motion for new trial). You can bring such a motion 50 years after conviction if you want to, though it obviously gets more difficult to make the case as time goes by.

    Selected as best answer

  7. Is it illegal for Avvo to selectively enforce its policy against self-promotion to suit its own self-interest?

    Answered over 4 years ago.

    1. Michael L. Tumposky
    1 lawyer answer

    Since it appears you are a lawyer, I am sure you know that the answer is yes.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Are probation/parole detainers

    Answered over 4 years ago.

    1. Michael L. Tumposky
    2. Risa Ellen Freeman
    3. Gregory Casale
    4. Dominic L. Pang
    4 lawyer answers

    The previous answers are not entirely accurate. If a person is charged with a violation of probation, the judge can order him held without bail or released on personal recognizance. However, in Boston, a judge also has the option to set a cash bail in any amount, in lieu of detaining the defendant.

    Selected as best answer

  9. Failed breathalyzer test on 12/21/13 and my 30 day license suspension is over 1/20. Can I go to any RMV to get my license back?

    Answered 6 months ago.

    1. Michael Howard Erlich
    2. Michael L. Tumposky
    3. Joseph John Higgins III
    3 lawyer answers

    The previous lawyers are correct about the reinstatement fee.

    2 lawyers agreed with this answer

  10. Will Massachusetts extradite

    Answered about 1 year ago.

    1. Michael L. Tumposky
    2. Henry Lebensbaum
    3. Michael J Tremblay
    3 lawyer answers

    If you are a minor running away from home, you can be returned to your parents, even if they live out of state. Most states have procedures to compel a minor to come to court if they are "in need of services," which runaways by definition are. You may need an attorney to discuss these issues with you. In addition, if you are being abused in some way, there are legal avenues that you could pursue to be removed from the family home, if that is what you are trying to accomplish.

    2 lawyers agreed with this answer