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David R Yannetti

David Yannetti’s Answers

7 total

  • ICORI Question

    Dear sirs My question concerns ICORI records. If I was not arraigned or arrested in Massachusetts for misdemeanor or felony charge will a charge show up on ICORI? Any way I can get a free access to that site. Thank you Lucas

    David’s Answer

    If you were not arraigned or arrested in Massachusetts, then your CORI should be clean. I take it from your question that you did have a clerk's hearing at some point, but that the charge did not issue against you. If that's the case, then your clerk's hearing is not a public record.

    You should be all set. But I do advise you to order a copy of your CORI to be sure.

    Good luck

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  • Will a letter to the clerk of courts do to not have to go?

    Hello. My boyfriend is in jail 90 days no bail. Apparently there was a situation aug 23th that I called the police. I don't remember a thing as I was extremely intoxicated. The DA's wants me to go testify. I have nothing I can say. And I am in an ...

    David’s Answer

    Whether you have helpful information or not is not the issue. And that is also not for you to determine. If you have received a subpoena, that is a court order to appear in court, regardless of your memory or lack of memory.

    Having said that, the DA's office will need to prove that you were actually served with a subpoena before a judge will issue a warrant for you for your failure to comply. Generally, that means they will need to prove that you were served in hand with the subpoena. Mailing a copy to your last known address usually will not suffice.

    If you are in a treatment program, and can produce a letter to that effect, you may be able to avoid appearing in court simply by sending a copy of that letter to the DA's office. Most prosecutors will not push you to appear if you are being treated for health issues. Of course, the case may be continued and you may be faced with the identical situation in the future.

    Good luck.

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  • Do I have a warrant?

    If my boyfriend called the police on me when I was drunk and said I scratched him, but I left before the police came, do I have a warrant? My boyfriend said he wasn't pressing charges, but the cop said I have to spend 6 hours in jail? Is this true...

    David’s Answer

    I would strongly advise you to hire a criminal defense attorney. In these situations, an attorney would likely be able to get more information than you would ... and would likely be able to do so while avoiding exposing you to an unexpected and unwanted arrest. As my colleagues have already mentioned, showing up at the courthouse to inquire about a warrant could put you in the dock in first session, while you await an arraignment before a judge, alone.

    If there is indeed a warrant for your arrest, you will want to control when and where you surrender to that warrant. You will also want to get some sense of what bail will be set and how serious the allegations are. An attorney will be able to prepare you best for an arraignment ... and to maximize the chances that you will be walking out of the courthouse afterward.

    Good luck.

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  • Will a larceny charge be on my criminal background check if it never went further than the clerk magistrate?

    I am getting a new job and am nervous about the background check. I had a larceny over $500 charge against me 2 years ago, but it went to the clerks office, and the parties agreed to settle and the charge was not pursued further. I was also never ...

    David’s Answer

    There are other bits of good news for you. If the complaint was dismissed at the clerk's hearing level, the file is not a public record. Not only is it not on your CORI; it is also not even searchable at the courthouse.

    Finally, one year after the date of dismissal, the file is shredded at the courthouse.

    You are good. Don't worry about this case!

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  • What will the outcome be?

    I have received my letter for a clerk magistrate hearing for shop lifting from kohls as a employee.i did not take anything the day that I was talked to. I am ashamed and learned my lesson. This is my first ever offenes/ first time I've ever been i...

    David’s Answer

    I would not worry about having returned the items. Rather than viewing that as an admission -- since the burden of proof at a clerk's hearing is so low anyway -- the magistrate would sooner view that as good behavior correcting some of the bad behavior. That will serve your attorney well as he argues that the complaint should not issue against you.

    Also, you will need to hire your own attorney for this. You are not entitled to court-appointed counsel at this stage of the proceeding. If things go poorly for you at the clerk's hearing, you will be summoned back to court for an arraignment before a judge. That would put an entry on your criminal record. That would also entitle you to court-appointed counsel, if you are indigent. But I'm sure you would prefer not to get to that stage.

    My strong advice to you is to raise the funds now for an attorney to represent you at the clerk's hearing.

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  • Court disposition Letter for the misdemenaor charge while filing green card

    How can i get a court disposition Letter for the misdemeanor charge which happened 6 yrs back in Los Angeles as now i am in Boston and i cant get there just to get it.While searching online i can see the case number and details of my case in court...

    David’s Answer

    The docket sheet -- which would reflect the dismissal -- is a public record available at the courthouse. Most clerk's offices will accept a written request from someone through the mail, with payment enclosed, in order to mail back a certified copy of the docket sheet. That is what you need. You should call the courthouse where the case occurred. Ask them for guidance on how to obtain the certified copy. You should not need to fly to LA to get this. Good luck.

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  • If ohio have a hold on my license and i never had one before can i still get them in another state like illinois

    if ohio have a hold on my license and i never had one before can i still get them in another state like illinois? i have a mistameaner warrent for probation violation

    David’s Answer

    Nationwide, motor vehicle departments are cooperating and sharing information like never before. If one state has suspended your license (or has a "hold" on your license, as you say), then no other state will grant you a license. The warrant for you in Ohio will therefore prevent not only Ohio from granting you a license -- it will also prevent every other state from doing so.

    I receive calls from people all over the country who are seeking to obtain a driver's license in their current home states -- but cannot do so because their driver's licenses are still suspended in Massachusetts. Typically, I would work with those people to first obtain a copy of their criminal record, to see what's holding up their license. I would then contact the authorities --be it the Registry of Motor Vehicles, the police, the court and/or the district attorney's office -- so that I could properly advise my client how to clear up the problem here in Massachusetts. Most of the time, the client will need to appear in Massachusetts at least once to resolve the issue.

    You should contact a competent criminal defense attorney in Ohio. The probation warrant will remain outstanding, obviously, until you appear in court to have the warrant recalled. You also will never be able to obtain a driver's license until you clear up that warrant.

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