Kevin J Mahoney’s Answers

Kevin J Mahoney

Cambridge Criminal Defense Attorney.

Contributor Level 6
  1. If a police officer says I will be summonsed, is he making the charge or the accused? And is it 100% I will get summonsed?

    Answered over 1 year ago.

    1. Lauren Craig Redmond
    2. Keith G Langer
    3. David C. Newton
    4. Ilir Kavaja
    5. Kevin J Mahoney
    6. ···
    6 lawyer answers

    It is not against the law to make a derogatory statement to someone regarding his race. But, because the officer said you would be summonsed to court, I suspect that the individual claimed you threatened him or physically assaulted him. The officer may complete an Application for a Criminal Complaint against you. If so, the Clerk Magistrate will hold a hearing to determine if there is probable cause to issue the complaint against you. Since Clerks have a great deal of discretion in...

    3 lawyers agreed with this answer

  2. Noisy parties

    Answered over 6 years ago.

    1. Robert S. McKay
    2. Kevin J Mahoney
    3. Gary Philip DuFour
    3 lawyer answers

    Most states/municipalities have laws against disturbing the peace. What constitutes disturbing the peace? Essentially, it's almost a crime without a proper definition and it's often within the police officer's discretion to arrest or charge an individual with disturbing the peace. In short, if the officer concludes that you are not cooperating or if he has to return to your home again and again, he will likely charge you. There is no downside to the officer arresting you; he knows you'll...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Will I go to jail

    Answered about 2 years ago.

    1. Dominic L. Pang
    2. Alexander M. Ivakhnenko
    3. John Brooks Seed
    4. Kevin J Mahoney
    5. Michael Lawrence Doyle
    5 lawyer answers

    Without knowing more about what you are accused of saying during these calls, as well as the time of day of the calls, etc., it is difficult to know whether or not the prosecutor will have sufficient evidence to secure a conviction against you. Often these cases can be resolved short of trial with disposition that, essentially, preserves your record. There are, however, hazards with any plea agreement. If there is little evidence of actual harassment, you may prevail at trial. It would be...

    1 person marked this answer as helpful

  4. I was arrested for larceny over $250 & am curious of the penalties I may be facing.

    Answered almost 2 years ago.

    1. Jeffrey K. Varszegi
    2. Ilir Kavaja
    3. Henry Lebensbaum
    4. Kevin J Mahoney
    4 lawyer answers

    While other lawyers have correctly cited the statutory penalties, if you have no previous arrests, especially for larceny or shoplifting, a judge may be willing to place you on pre-trial probation, after which, if successfully completed, will result in dismissal of the charge. A pre-trial probation requires no admission of wrongdoing and no waiver of rights. Most importantly, it preserves your record. A judge may also resolve the charge by way of a continuance without a file. Unlike pre-...

  5. My fiance has been detain by immigration due to a charge he had in 1999 is it to late to try to see if he can have that charge

    Answered over 2 years ago.

    1. Lauren Craig Redmond
    2. Henry Lebensbaum
    3. Kevin J Mahoney
    4. Eugene J. Glicksman
    5. Nicklaus James Misiti
    5 lawyer answers

    Without more information, it is very difficult for me to provide you solid advice. Depending on many factors, including the charge, the prosecutor, and the judge, it may be possible to undo the guilty plea -- if indeed your fiancé pled guilty. Back in 1999, cases were often resolved without much thought to immigration consequences. If your fiancé has stayed out of trouble since the last charge, it may be possible to undo the damage from the charge. If you haven't already, I would retain a...

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