Hi. I'm sorry for the situation your in. I can only imagine how difficult it must be. To answers your question, the marital home would likely be sold and the equity, if any would be split between the two of you. However, if you are the primary parent for the minor children, then you could make an argument to remain in the house with the kids until they are 18. He would have to help pay the mortgage and taxes with perhaps a reduction in child support payments. When the kids turn 18, the house...
How to obtain a divorce in Massachusetts
To obtain a divorce in Massachusetts, one party to a valid marriage files a "Complaint For Divorce." The Complaint is filed in the County where the parties last lived as husband and wife (if one party still resides in that County.) (If the "cause of action" occurred outside Massachusetts, there is a one-year residency requirement before the now Massachusetts resident can file for a Divorce.) In the past, there had to be a fault upon which to base the...
Do not go into the police station without consulting an attorney. Anything you say at the police station may be used against you in court if you are in fact charged. Your refusal to talk to the police is not an admission of guilt and cannot be used against you. Call me for a free consultation if you have any further questions.
It's unclear to me what they did to make your admit you stole the laptop. Did they threaten to fire you? Have they fired you? You may have a wrongful termination case against your employer if they are forcing you to pay them in exchange for an admission. On the other hand, if you did steal it, then pay the $1,400.
The case was dismissed with "prejudice". Then you cannot be retried unless there is new evidence that comes to light. However, it sounds like the criminal charges were never actually issued against you because it was only a clerks hearing and no formal charges actually issued against you. Therefore, they may be able to bring charges against you. It's certainly something you can fight at the appellate level, if need be.
Give me call if you need any help.
The Massachusetts statute on penalty for this states:
"If the value of the goods is less than $100, then a first offense is punishable by a fine of $250 and a second offense is punishable by a fine of $500. If the value of the goods is $100 or more then first offense is punishable by up to 2 ½ years in jail, and/or a fine of up to $1,000".
Give me a call if I can be of any assistance.
I"m sorry to inform you that the ADA really are motivated to make deals and move these cases off their desk. They are not likely to push for jail time, especially if she has no prior record. All you can do is give a victim impact statement to judge and hope for the best.
First of all you need an experienced criminal attorney who has had experience with larceny cases.
The maximum penalty is 2 1/2 yrs in the house of correction. However, with proper counsel and no previous record your likely to get a CWOF or continued without a finding for 1 year and a fine.
Give me a call and we can discuss the details of your case. 781-816-3950