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Jason Y. Chan

Jason Chan’s Answers

481 total


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

    wishes. He asked do i have to give it to you? They replied yes. He was not arrested and they did not have a warrant. Is this legal?

    Jason’s Answer

    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.

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

    they say he left an accident ,they say he had a gun in the car but they didn't find it with him he was driving with no license,they say he hit an officer but only one cop sign the report but he was arrested by another cop

    Jason’s Answer

    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.

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  • How long does reckless driving stay on a RMV record in Massachusetts?

    My son was arrested for reckless driving when he was 17 and received a continuance without a finding. He has applied for driving jobs but they all require a copy of a "clean" driving record. When will this be removed from the RMV?

    Jason’s Answer

    It will remain on his RMV record even if the case is over. A continuance without a finding will also stay on his adult criminal record. In Massachusetts, the RMV doens't erase incidents even after several years.

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  • Is there anyway to not have your criminal history show up in fingerprints

    I was arrested 3 years ago, but never charged for crime (dismissed by judge) is there a way to not have this charge show up when i get fingerprinted. WIll be graduating college in may and securing finance internship this summer. Got declined by ...

    Jason’s Answer

    It depends on what exactly happened to the case. A good way to figure out what the result of your case was is to go to the court where the judge dismissed the case. Go to the clerk's office and see if you were ever arraigned on the case. A lot of people don't know what the actual of their cases are. You should find out the exact resolution to your case and then go from there.

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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

    i left my permit at home and i wasnt driving with a licenses operator

    Jason’s Answer

    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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  • What do I do if a lady hit my car, her insurance denied the claim, and she pleaded no contest to the ticket?

    I was in an auto accident about a month ago where a lady ran a red light and hit me. Her insurance denied the claim because she is claiming she did not run a red light even though she was cited for the accident and a witness heard her state there ...

    Jason’s Answer

    You could file a civil law suit against you and claim damages. If you are suing her personally, you may want to see if she has money to actually pay damages.

    Attorney Chan

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  • If falsely arrested and the charges were dropped by arresting party could i still press charges and how long after the fact?

    arrested on charges of disorderly conduct and resisting arrest which where eventually dropped by arresting officers who i had addressed earlier about elbowing one my residents after he was already cuffed.

    Jason’s Answer

    I am confused about your question. Did the police drop the charges against you? And are you trying to bring charges against the police or another person? You could always try to bring charges through an application by criminal complaint through the clerk's office.

    Attorney Jason Chan

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

    I have violated my probation for not showing up to my officer for 3 months and not paying my fees. I also have had a sub-offense of driving without a registration and driving without insurance. My original charge was a and b which was a cwof w...

    Jason’s Answer

    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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  • I got arrested for DUI in TX and moved to PA. I

    I got a DUI about 3 years ago in TX and never took care of it. I never went to court due to financial issues with the lawyer. Now that I'm older and would like to take care of this. I moved to PA and would like to take care of this. What are m...

    Jason’s Answer

    You can't go to court is PA and try to take care of a case in another state. You should contact a TX lawyer and tell them about your case.

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  • Can i reduce a battery charge if it is based on charges that were dismissed or no longer being persued by police department?

    can i reduce a battery charge if it is based on charges that were dismissed or no longer being persued by police department?

    Jason’s Answer

    You need to add some more to your question. If the charges were dismissed does it mean that it brought back by the prosecutor? Without some more information it is difficult to assess your situation

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