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Michael Rodney St Louis Esq.

Michael St Louis’s Answers

48 total

  • How do I push for prison time where there is a broken bone involved permanently moving my facial bone?

    Her lawyer wants to ask for a CWOF which is totally incomprehensible where she is totally guilty. Its definitely a charge of assault and battery. However, she only spent one night in jail for it so far since they didn't have any word of injuries a...

    Michael’s Answer

    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.

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  • In 2002 I was charged with rape the case was dismissed for lack of prosecution

    I was arrested a few times after for driving on a suspended licence and dui (convicted) can I get the rape charge expunged seeing to that i was never convicted my background came back and due to this charge I did not get the job

    Michael’s Answer

    DUI - You need to wait a minimum of 5 years after disposition for any misdemeanor conviction such as your DUI before you can seal your record.

    Dismissal of Rape charges - You may file a petition to seal which includes a motion form and affidavit. You will likely be given a hearing under M.G.L.c.276. 100C. A hearing may be called, if so be prepared to argue that sealing your record will cause substantial justice to be served and that you would be harmed if the record is not sealed. (ie. the job loss).

    Feel free to call me if you need any help. Good Luck!

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  • 14yr.old son court ordered on 6.1.12 to state detention facilitiy until next court date 6.20.12

    Has not recieved perscrition medication Prozac & Trazone to date. Called home yesterday saying he wants to commit sucide.

    Michael’s Answer

    Have his doctor fax a prescription to the facility and follow up with a phone call to make sure they received it.

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  • I have been charged with larceny and i have never had a criminal back round for this and no open cases what will happen to me

    i am a single mother and at the time i needed help to keep my lights, an phone on and now i am in some trouble what is going to happen to me

    Michael’s Answer

    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

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  • Will I ever get my car back?

    I have a financed vehicle & let my boyfriend use it. He was arrested for intention to sell class a drug. When they arrested him the DEA took my car and they said I would not get it back. I have not received anything in the mail and I am wonderi...

    Michael’s Answer

    The prosecutor needs to file a motion to seize this asset. You should receive a copy of this motion at which time you may file an objection. A hearing will be scheduled, at that point you can argue that you did not know it was being used for the purpose for which it was seized.

    Give me a call if you need any help. Good Luck!

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  • Can u file for damages for faulty road ways to a specific town or municipality ,Woburn MA

    My motor cycle sustained substancial damage done to transmission and shocks caused by a deep depression, at least 3 inch's from rim of cover to asphalt , surrrounding a drain hole . Motor cycle bottomed out on 3 inch depression causing s...

    Michael’s Answer

    The condition you describe would fall under defects in way under G.L. c.84, sec. 15. Damages are limited to $5,000 and requires a one month notice to a particular person. You can also file a claim against the contractor who were negligent in making the repairs or causing the defect.

    Give me a ring if you need further assistance.

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  • How should I value my work as non-economic contribution to the marriage when divorce?

    My husband and I live in MA. We got married for 3 years. We are going to divorce. He only counted economic contributions to the home and the marriage when we discussed property division. I had done 80-90% chores since we co-habitat for 13 years.

    Michael’s Answer

    Hello -

    It is unlikely you will receive alimony because the length of the marriage was only 3 years. However, If you have contributed to the household by enabling him to earn more income and acquire more assets, then you may be entitled to some equitable distribution of the property. Assuming your not already on the title or deed to any of the property. However, as the other attorneys mentioned there are numerous factors involved that the court may turn too in their decision. The court has wide latitude in property division issues.

    My advice is to file the appropriate motion for attorney retainer fees and argue that you cannot afford to pay for a lawyer. If your husband has the financial means, then he may be ordered to pay your fees. You will likely need a lawyer if you stand any chance at acquiring some of these assets.

    Give me a call if I can be of any further assistance.

    Good Luck!

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  • How can I obtain an attorney for low cost or that will accept a payment plan? I was denied a public defender at my arraignment

    have been charged with insurance claim, false motor veh & attempt to commit a crime in woburn court as well as leaving the scene of property damage, license suspended & abandon mv in lynn court. in 2010 my boyfriends car was stolen from our parkin...

    Michael’s Answer

    You need to find a criminal defense attorney who offers low income clients a fee reduction. There are multiple issues that need to be addressed. Feel free to call my office for a free consultation. 781-816-3950 or check our website at

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  • After 30+ years marriage with a cheating spouse, i want a divorce. we own property, he is retired ,i work pt, i want divorce

    what do i need to do to get the paperwork started? he had a child(15yrs old now)during our marriage,is paying support ,is retired, and still cheating, same line for years,"i love you"i have forgiven many times but i am just tired of this one sided...

    Michael’s Answer

    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 Complaint. Today, there is the "irretrievable breakdown" cause of action, also known as the "no fault" divorce. In the "no fault" situation, one party to the marriage can file the Complaint (pursuant to G. L. ch. 208 section 1B); or, the parties together can file a Joint Petition (pursuant to G. L. ch. 208 section 1A). See FAQ about divorce in Massachusetts.

    Most divorcing parties choose to file for a "no fault" divorce. There are procedural differences between the two "no fault" situations . When a joint petition is filed, the parties must be prepared to file the written "Separation Agreement" within 30 days. This can be a difficult requirement. On the other hand, when one party files the Complaint, there is a statutory waiting period of six months before the Court will have a Divorce hearing. In my experience, it is best to have one party file the Complaint and then work diligently on the terms of the "Separation Agreement" while the statutory clock ticks away. If the parties have been able to come to terms before that six month time period, the Complaint can be amended to a Joint Petition. "No fault" does not mean "uncontested."

    What is Required to file for divorce?

    •Marriage Certificate;
    •Complaint or Petition;
    •Summons or Return of Service;
    •Form R 408 Statistical Form;
    •Financial Statement from both parties; and
    •Certificate of attendance at a Parent Education Program (if there are minor children).

    In addition to the documents above which are part of the record of the case, the Rules of Domestic Relations Procedure require mandatory self disclosure of a whole host of financial records. (See Supplemental Rule 410 below) Also, the filing of the Complaint for Divorce effectuates an automatic restraining order requiring both parties to preserve marital assets. Failure to abide by the restraining order may be deemed a contempt of Court.

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