Jason Y. Chan's Answers

Massachusetts Probation Violation Hearing - Will the hearing judge be the judge who was the sentencing judge?

You probably won't face the same judge. Roxbury court has a lot of judges and it really just depends who is assigned to probation session on the day you are in court. The only exception is if the original judge kept the jurisdicition over your case. This is an unlikely scenario that would only happen in special situations. Paying your fines before the hearing is a very good idea. However, not showing up for 3 months is still going to be an issue.

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Can i fire my court ppointed lawyer and bring in a private attorney right before trial starts

It may be difficult, but you would need the judge to allow you to do that. The attorney that you hired needs to file his appearance and depending on what judge you get and how long your case has been pending may allow you to switch. Attorney Jason Chan 77 Franklin Street, FL3 Boston, MA 02110 617-556-8220 website: www.attorneychan.com blog: http://attorneychan.wordpress.com/ twitter: http://twitter.com/AttorneyChan

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Probation violation question

The court will know if she has a warrant out for her arrest or not. You can find out from the clerk's office. She needs to address the warrant or she will end up being arrested. Attorney Jason Chan 77 Franklin Street, FL3 Boston, MA 02110 617-556-8220 website: www.attorneychan.com blog: http://attorneychan.wordpress.com/ twitter: http://twitter.com/AttorneyChan disclaimer: I am not licensed to practice law in your state. Please be aware that this is for informational...

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What is the punishment i will recieve if i was driving alone without permit and im over 21 and a guy hit me from behind and

You can be charged with unlicensed operation of a motor vehicle. Depending on what happen you may also be charged with negligent operation of a motor vehicle. Without knowing the exact charges it is difficult to assess the outcome of the case.

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I was caught shop lifting, this was my 1st time. Now I don't know what to do! I am an adult, and have a clean record

You should wait to see if you get a summons in the mail. Usually paying the civil demand from the store will not prevent you from being charged. $225 is a good amount of merchandise and you may find it difficult to avoid prosecution.

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I just started law school and my house is being foreclosed on, will that prevent my ability to sit for the bar exam???

Definately don't lie. There is not much that can sink your chances faster than lying. It doesn't seem as though the foreclosure will stop you from sitting for the bar exam. Good luck. Attorney Jason Chan www.attorneychan.com

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I have requested a court hearing for a ticket 2 months ago but have not heard anything back yet. Sould I be worried?

If you have filed your appeal the best thing to do is to call the court. See if the court got your appeal and see if they set it up for a date already. I hope this answers your question and you are able to resolve your case in a favorable way.

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How do I bring to the court attention that probation is wrong ?

You should talk to your son's attorney. Your son's attorney can use the information to help your son. Attorney Jason Chan 77 Franklin Street, FL3 Boston, MA 02110 617-556-8220 website: www.attorneychan.com blog: http://attorneychan.wordpress.com/ twitter: http://twitter.com/AttorneyChan disclaimer: I am not licensed to practice law in your state. Please be aware that this is for informational purposes only.

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My son was brought in for questioning over a statutory rape charge, he was not arrested.They took his cell phone, againest his

The police are allowed to search and seize evidence related to a case under certain circumstances. If the police violated your son's consitutional rights the court may suppress any evidence that the police find. Without knowing more about the case it is difficult to assess whether the seizure was appropriate.

My son has been indicted with two counts of being a career criminal how can we fight this

Career criminal charges are very serious and your son needs to talk to a lawyer right away. The penalties for career criminal charges are very serious.