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Kevin J Mahoney
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Kevin Mahoney’s Answers

5 total

  • 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?

    I was accosted by a young man on a corner.I had a few for sure but was composed.He approached and derided me so fast, that in my state, I do not recall the insults.He would not leave my side I (a runner) told him I had no choice but to run and los...

    Kevin’s Answer

    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 determining whether or not to issue a complaint, it would be worthwhile to contest it by appearing at the hearing. Obviously, your chances before a Clerk Magistrate usually improve if you retain a good lawyer.

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

    I've never been arrested before and this was shoplifting at a supermarket.

    Kevin’s Answer

    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-trial probation, a continuance without a finding requires an admission of guilt/wrongdoing, as well as a waiver of your rights, and requires you to serve a period of probation. If you complete the probationary period successfully, the charge is dismissed. While both pre-trial probation and a continuance without a finding may result in a dismissal, it is obviously better that there be no record of your acknowledgement that you committed the crime, especially if you are not a US citizen. The Federal government essentially treats a continuance without a finding as a guilty plea, placing non-citizens at risk for deportation. In my opinion, you should retain counsel to represent you in this matter. Best of luck.

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  • Will I go to jail

    I am accused of criminal harassment. I called my neighbor several times but didnt really say anything and never threatened him. I have no criminal record but the police seem extremely angry at me and I am so afraid that I might have to go to jail ...

    Kevin’s Answer

    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 best for you to meet with an attorney who is familiar with the Cambridge District Court and, after gathering the necessary facts, can offer you a better, more informed answers to your questions.

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  • 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

    is to late for him to have that charge vacated also he was born in the bahamas but i was told that they will not accept him back what will happen to him his parents are u.s. citizens

    Kevin’s Answer

    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 criminal defense lawyer to assess your case, as well as an immigration attorney to advise you and your fiancé on what steps can be taken to protect him in the Federal court. If you want to consult me, I am available most afternoons.

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  • Noisy parties

    A neighbor is threatening to call the cops if I don't stop having loud parties. Am I breaking the law, and what can the cops to do me if they are called out?

    Kevin’s Answer

    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 likely pay only a small fine to have the matter dismissed, but you'll have to spend money on a lawyer and take time off from work to appear at court. So, while you may avoid a conviction, the officer makes his point.

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