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Richard Bradford Bailey
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Richard Bailey’s Answers

21 total

  • Do I need a criminal defense attorney

    I was charged with larceny over 250 by a single scheme what is that and is it a felony

    Richard’s Answer

    Yes, you should consult with an experienced criminal defense lawyer as soon as possible.
    Larceny over 250 by a single scheme means that you are being charged with a crime that was supposedly committed over a period of time (between 2 dates), and the DA will be trying to prove that you took property that belonged to someone else, with the intent of permanently depriving the owner of the property. Under these charges, the DA will also be trying to prove the value of the property exceeded $250. By a single scheme means that the DA will try to prove that during that period of time when the theft(s) supposedly occurred, you had a single, ongoing intent to steal, and even though time may have elapsed between the acts of theft, they were not separately motivated but were part of one general scheme or plan to steal.
    The penalties are generally imprisonment in state prison for up to 5 years, or a fine of up to $25,000 and imprisonment in jail for up to 2 years. However, there are numerous fact-based factors in the statute that can result in far longer sentences, depending on the circumstances.
    It's important to discuss all the facts and circumstances of your case with an experienced criminal defense attorney so you know what you are facing and can develop a good strategy to defend your case.
    You should easily be able to find an attorney here on Avvo that will offer you a consultation. Best of luck.

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  • Driving out of state on a hardship license (Mass)

    I just got a hardship license in Mass after getting a CWOF for my first DUI. Am I allowed to leave the state to drive to GA as long I adhere to the time restrictions?

    Richard’s Answer

    Hardship licenses are granted for purposes of allowing a person to get to work, school, medical appointments or other necessary destinations where public transportation is otherwise unavailable and the denial of a limited license would constitute an actual hardship. The law states that, "The registrar, at his discretion, may issue such license under such terms and conditions as he may prescribe..." Without knowing the specific terms and conditions of your hardship license and your purpose for going to GA I can't say for certain that it would violate the terms of your hardship license, but it seems likely. Your best bet is to contact your assigned probation officer and discuss the matter with him or her.
    If your PO says you can't drive, and a plane, train or bus won't get you where you NEED to go, you can always consult with a lawyer to explore having the terms and conditions of your hardship license modified.

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  • Can I get ticketed more than once for an unregistered car?

    I failed to renew my registration and was ticketed by a state trooper. I have to clear some excise tax payments before I can renew, which I was informed can take up the 48 hours to clear. Unfortunately, I need to drive short distances to get to ...

    Richard’s Answer

    Yes, you can be ticketed multiple times, and the fine for each subsequent offense can be up to $1,000. You are right to be hesitant to drive again before your car is properly registered; it's against the law, and could end up being very costly for you. Get the excise tax issues resolved and your car registered; in the meantime, find yourself a ride to work.

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  • Do I really lose my right to maintain direct control of a firearm at all times because I have 2 juvenile class D convictions?

    I am 24 years of age. I have two possession of class D charges on my juvenile record that were convictions and 1 possession of class B which was dismissed. My probation ended in 2008 for the class D offenses. I was denied my LTC here in Chelsea, M...

    Richard’s Answer

    The law governing MA LTCs specifically covers situations, i.e. criminal histories, like yours when denying an LTC. Specifically, take a look at Mass. General Laws chapter 140 section 131(d)(i)(e): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section131. Also, the police chief has a great deal of discretion in determining whether or not to issue you an LTC - it may be based on this aspect of the law, on other factors regarding your suitability for an LTC, or any combination thereof. That said, you have 90 days from the police chief's denial to file an appeal with the District Court if you still want to pursue an LTC. I suggest you consult with an experienced attorney who handles LTC denial appeals to see if the facts and circumstances of your situation make such an appeal feasible, and that you do so well in advance of the 90 day deadline.

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  • In 2003 I had my drivers license suspended for 10 years for motor vehicle homicide, while driving drunk and negligently.

    I tried to get my drivers license back in 2012 and had a hearing at the Board of Appeals. The BOA upheld the RMV's decision to keep my license suspension in effect. Are there any other avenues for me to take to try to get my drivers license suspen...

    Richard’s Answer

    You have the right to appeal an adverse decision by the Board of Appeals to the Superior Court. However, you would have needed to file a notice of appeal with the Superior Court within 30 days of receiving the Board of Appeals' decision. Based on your statement, it seems that did not happen. In cases where the Board denies reinstatement, it is not uncommon for the Board to include in their decision a date on or after which you should reapply. If they did so, then that would be your target date to have a new application submitted.
    It's unclear if you applied just for full reinstatement in 2012, and/or if you also sought a hardship license. Given your need to drive to support your family, a hardship license is definitely something you should consider pursuing.
    RMV and Board of Appeal hearings can be far more complicated than you might expect, and it's in your best interest to be represented by counsel who knows the applicable laws, procedures, and pertinent issues. I suggest you consult an attorney who has experience with motor vehicle homicide license suspensions and reinstatements to go over all the details of your case and to determine the best time and manner to proceed with a further application for reinstatement and/or a hardship license, and any necessary appeals.

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  • Is sex for fee charge legitimate?

    2 days ago, I attended a party that I saw advertised on a swingers website. The description of the party read, "Gangbang Party! We have 5 girls looking to fulfill a fantasty! All hot! party will be in a nice 2 bedroom suite! 8 pm to 11:30 pm....

    Richard’s Answer

    Sex for a fee is a crime under Massachusetts law, and even assuming everyone was an of age consenting adult, carries with it the potential for anywhere from 1 year in jail and/or a $500 fine up to 2 1/2 years in jail and/or up to a $5,000 fine., depending on the facts and circumstances. Whether you think the potential charge is fair or not is irrelevant at this point. If you are charged, the validity of the charge based on the facts and circumstances may well come into play, but at this point, you need to protect yourself and consult with and hire an experienced criminal defense attorney as soon as possible so that in the event you are summonsed in for a probable cause/clerk's hearing, you are well prepared, represented, and have your best shot at keeping a criminal complaint from issuing in the first place.

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  • I am due for Trial on 6 counts 3 felonys and 3 misdomenros if I fail to show up

    can the judge revoke my 3 personal relseses and hold me with no bail for up to 90 days for vilotating my personal

    Richard’s Answer

    If you fail to appear for your next court date, trial or otherwise, a bench warrant will almost certainly be issued. This 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 your car, or walking down the street.
    The prosecution will also almost certainly ask that, at best your bail be increased, and at worst - and far more likely if trial is in fact your next date, that your conditions of release be revoked and that you be held pending trial.
    I advise you not to miss any scheduled court dates, especially trial. No doubt, going to trial with your freedom potentially on the line is scary, but you will only make your life more difficult if you fail to appear before the Court as directed.
    Consult with your criminal defense attorney, prepare for trial, and show up. If you don't have an attorney, get one fast!

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  • Can an attorney represent me for a pretrial hearing for speeding ticket ?

    If so, what are my best options? Ask for liency from issuing authority due to this being first offense (possibly do defensive driving class) Fight the validity of the ticket? Other? Please note it was a veteran officer using both lidar...

    Richard’s Answer

    You can hire an attorney to represent you, and you should easily be able to find an attorney who specializes in defending speeding/traffic violations here on Avvo. Even presuming that your violation is merely a civil infraction (and didn't involve your arrest or an application for criminal complaint issuing), you still may have an uphill battle in challenging your ticket. Speeding is a general intent violation, meaning you don't knowingly have to violate the speed limit for the Magistrate to rule against you - it's enough that you were caught speeding. However, depending on the circumstances, you may be able to get the ticket dismissed or the fine reduced. An experienced attorney can review the specific facts of your case with you ahead of the hearing and help determine your best strategy for a favorable result.

    Contact an attorney who specializes in traffic violations. In the meantime, you can check out the MA Court System's self-help guide on this topic [link below], so that you can be well prepared to discuss your case when looking for an attorney. Good luck.

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  • What are the consequences for trespassing?

    I signed a paper telling me that I am no longer allowed in any ____ store across the U.S. What would the consequences be if I stepped into one 20 miles away? My name and picture is on file. Thanks.

    Richard’s Answer

    What you describe sounds like a textbook case of trespassing on private property. In Massachusetts, you could be arrested and subject to a $100 fine and/or up to 30 days in jail. The governing law is Mass. General Laws ch. 266 section 120. Don't press your luck - find somewhere else to do your shopping.

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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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