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Richard Bradford Bailey
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Richard Bailey’s Answers

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  • I'm on federal probation, if i abscond will the us track me down if i travel abroad. and will my credit cards be suspended?

    i am a dual citizen and i waiting on a court decision that will or will not grant me permission to leave for reasons of employment. I need to know if I'm not granted the permission and i do abscond will my other passport (not US) be affected as we...

    Richard’s Answer

    First and foremost, I advise you not to abscond regardless of the Court's decision - because it is evident that you are not permitted to travel abroad without permission, it would be a clear violation of your probation, and you would be looking at time in federal prison. Moreover, because you alerted the Government and the Court to your desire to travel abroad by what I assume was a motion for a modification of your conditions of release/probation, if the Court denies your motion it is entirely possible, if not likely, that the Government may ask for, and the Court may order, you to surrender your passports as a further condition of your continued probation.
    I strongly urge you to wait for the Court's ruling and continue to abide by the conditions of your probation. If the ruling is unfavorable, you should consult with an attorney about the possibility of filing a motion for reconsideration and/or appealing the decision.
    Best of luck to you.

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  • Dor suspended my license,is there a reinstatement fee I will have to pay when I get it back?

    I am unemployed and have not been able to pay my child support and the dor is going to suspend my license I would just like to know if I will have to pay a reinstatement fee when I get it back

    Richard’s Answer

    Yes, you will owe a reinstatement fee if your license is suspended by DOR. License suspension is an administrative remedy DOR is authorized to use to collect past due child support. In some cases, DOR is willing to work out a payment plan with you so that you can get your license reinstated. The RMV advises that the reinstatement process for suspensions due to non-payment of child support obligations is handled entirely by DOR, so you should contact them directly.

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  • I stole a bike under 250$ and they're pressing charges this is my first offence

    Under 250 larceny

    Richard’s Answer

    The charge of larceny under $250 is governed by the Massachusetts General Laws chapter 266 section 30. Even if the facts of your case are as seemingly straightforward as you state, if convicted you could be looking at up to a year in jail. There are other aggravating factors - for example, if the bike belonged to someone 60+ years old, that could increase the possible penalties up to 2 1/2 years in jail and/or a fine of up to $1,000.
    As you can see, this is not an insignificant charge. Jail time is a possibility. Your best bet is to hire an experienced criminal defense attorney to represent you. While nothing is guaranteed, a good attorney will assess your specific case and determine a course of action that, for example, could include negotiating with the DA for pretrial probation or a continued without a finding disposition. I urge you to contact a licensed MA criminal defense attorney and schedule a consultation as soon as possible.

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  • Ifi was issued a bench warrant or default warrant today, can police enter my home if i am not there

    please help me, i dont have a violent record or really a record at all, if the police know i have a warrant because i wasnt able to show up for a drug screening will they be able to enter my house if i am not home for the day

    Richard’s Answer

    An outstanding bench warrant means the police have the Court's authorization to arrest you and bring you before the Court. The warrant allows the police to arrest you wherever you may be found, whether in your house, driving you car, or walking down the street. Now, this doesn't mean that it's likely that a SWAT team will be breaking down your door - based on the circumstances you describe, it seems highly unlikely that a "no-knock" warrant would be involved - but, it does mean they could come knocking at your door, and arrest you there.
    An outstanding warrant is not something to take lightly. It is in your best interest to consult an experienced criminal defense lawyer as soon as possible. Ideally, your attorney can arrange for your self-surrender at the local police station, in his or her company, and under circumstances that give you the best opportunity to get the warrant removed, and hopefully, your freedom restored as quickly as possible.
    The longer you delay, the more difficult it will likely be to secure your release on favorable conditions. I urge you to contact a MA licensed criminal defense lawyer immediately.

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  • I got caught stealing at Walmart and I was confronted today by a police officer statting I was a person of interest what do I do

    I really don't want to go to jail

    Richard’s Answer

    There is no requirement that anyone has to speak with the police, ever. If you don’t want to, you don’t have to. If you don’t want to, it is always a good policy and practice to decline politely, but, again, the choice to do so is entirely yours. Sometimes a police officer will try to trick you by saying you have to. This simply is not true. Requests for identification are a bit more complicated, but it’s also true there is no requirement you provide ID when asked, either — however, failure to do so may well arouse their suspicion and result in more attempted questioning. But in terms of law enforcement knocking on your door and asking to talk, or calling you on the phone and asking you to come down to the station to “answer some questions,” you have an absolute right to say no.

    If you are contacted by police in these circumstances, your best move is to politely decline to speak to them, and to immediately contact an experienced criminal defense lawyer.

    The moment you are contacted about a criminal case by law enforcement, you should assume you are under investigation and/or pending possible arrest. Your first call should be to an experienced criminal defense lawyer. You should not hesitate to make that call — time is often of the essence. In some instances, your hiring of a lawyer and him/her speaking with law enforcement can slow the process down. In others, it can result in allegations being shown to be based on misunderstandings, lies, hidden agendas, or false information; or being placed in context, re-examined, discounted and/or reversed, with charges avoided altogether. It also presents an opportunity for an experienced criminal defense attorney to negotiate your voluntary surrender at a time and place closer to your convenience, which will invariably result in a lower bail being set or no bail being necessary at all, if and when you are arrested. Moreover, it allows you to square away the critical issue of representation prior to the turmoil, panic and confusion that usually comes with an arrest, and gives your attorney a head-start in terms of game-planning and strategizing a winning defense. It also gives your family and/or loved ones the opportunity to get to know and trust the person in whose hands they will be placing many of their hopes, concerns, fears, as well as your very future. More than any of that, it allows you to take control of the situation and change the balance of power.

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  • When is it okay to hire another attorney on a criminal matter?

    Had a lawyer who represented me with a two legal matters (which were directly connected), and his representation was mediocre at best. There is a third piece to the puzzle that I need legal representation on and since he's familiar with the entir...

    Richard’s Answer

    Your attorney works for you. It is reasonable to expect your attorney to be responsive, accessible, and available to handle the matter(s) for which you hired him or her. This should have been spelled out in the fee agreement or engagement letter you both (hopefully) signed. If your attorney is not living up to that agreement, or failing to respond to you in a timely and substantive fashion, it is more than "safe" to look for another attorney - it's the smart thing to do.

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  • My wife has 159 charges for prescription fraud she lives in Massachusetts what kind of time is she looking at

    This is her first time ever getting in trouble with the law

    Richard’s Answer

    If these are state charges, Massachusetts General Laws chapter 94C section 33 deals with false prescriptions and/or obtaining controlled substances by means of forgery, fraud or deception. If this is indeed the statute your wife is charged under, if convicted she faces up to 4 years in prison (or up to 2 1/2 years in a house of correction) and/or a fine of up to $20,000 for each count.

    Your wife should consult with a MA licensed criminal defense attorney as soon as possible.

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  • What will happen if a witness to a robbery dies? What will happen to people that the robber accused of being accomplices?

    Someone broke into a house when he was under the influence of benzodiazepines and passed out in the house. He was arrested. He named some accomplices in the crime. Now they are supposed to meet with a magistrate. The man that was found breaking an...

    Richard’s Answer

    It sounds as though these named accomplices have received summonses to appear at a Clerk-Magistrate Hearing, also known as a Clerk’s Hearing or Show Cause Hearing, which is a process by which the Court decides whether or not they should be formally charged with a crime. The legal standard of proof at a Clerk-Magistrate Hearing is probable cause. This is a low standard of proof, requiring only that the Clerk finds that the evidence presented would permit a reasonable person to conclude a crime has been committed. (This doesn’t mean they would be found guilty of a crime – that requires proof beyond a reasonable doubt – it just means there is enough evidence to believe a crime may have occurred.) The normal rules of evidence applicable at trial are suspended at a show cause hearing, so the deceased statements - which may be the subject of a hearsay challenge at a trial - may be considered by the Clerk in determining probable cause. If the Clerk finds probable cause, a complaint will issue, formally charging the so-called accomplices with a crime, and they will be referred to the District Court for arraignment.

    It is important to have a lawyer at a Clerk-Magistrate Hearing, especially given the low standard of proof. The Clerk-Magistrate Hearing is the last chance to avoid criminal charges issuing. Having an experienced criminal defense lawyer represent you at the Clerk-Magistrate hearing gives you the best opportunity to refute the complainant’s claims and to present the merits of your own case to the Clerk regarding why you shouldn’t be charged with a crime. If the Clerk finds probable cause, you will be charged and will have a criminal record.

    I suggest you encourage these "accomplices" to speak to a criminal defense attorney before they go before the magistrate.

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  • What is the statute of limitations on a cocaine drug charge

    I got convicted and sentence did my time and got out on probation try to have my probation change to a different state and I was told no so I left that was over twenty years ago what do i need to do to get this corrected I haven't been in any kind...

    Richard’s Answer

    It’s unfortunate you were told you could not get your probation transferred to another state. It’s neither a right nor a guarantee but it can be done, except in certain sex offense cases where the proposed transfer- state is refusing to take-on probation transfers for registered sex offenders. Even though you left 20 yrs ago, there is no statute of limitations on your violation since all the time you have spent away from Massachusetts is excluded. You are likely the subject of an active warrant and each day you remain in violation of your terms of probation, you risk being arrested. I suggest you consult with an experienced attorney, immediately.

    www.bradbaileylaw.com

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  • Change of plea

    When you enter in a change of plea " guilty " on distribution charges with a man min of 5, do you get taken into custody then ? Or do you come back for sentencing? If the sentence does impose custody time do you get taken directly into custody or ...

    Richard’s Answer

    In federal court, a defendant who has pled guilty to distributing narcotics will, except in limited circumstances, be incarcerated pending sentence. Those limited circumstances must include a recommendation by the prosecution that the defendant will not be incarcerated when sentenced and a finding by the judge that the defendant is not likely to flee or pose a danger while awaiting sentence. In other words, anyone pleading guilty to narcotics distribution charges in federal court, especially those facing mandatory minimum prison terms, should expect to be locked-up while waiting to be sentenced.

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