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Brian Palmucci

Brian Palmucci’s Answers

14 total


  • Will I be put in jail for getting pulled over (unknowingly)for a suspended license. I have an arraignment tomorrow morning.

    I was pulled over in late November driving home from work on the highway to go pick up my two young children. i was then pulled over for driving in the fast lane. When I gave the officer my licence he then told me it was suspended and my car would...

    Brian’s Answer

    Any potential penalty depends entirely on your criminal record. If this is your first offense - then no you are not likely to go to jail. If this is your tenth offense - I would recommend hiring a lawyer. That being aid, no one can predict what any given judge will do based on a unique set of circumstances, any lawyer who guarantees you an outcome should not be trusted.

    Go to Court, explain to the prosecutor what happened and if they are seeking jail time obtain counsel - either appointed by the Court or privately.

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  • What will happen to me in court for driving without a license at 16 years old under the infuence?

    I was pulled over and passed the alphabet test and eye test, but i wasnt going to lie, i told them i haad 2 drinks. This was at about 2 in the morning, i dont have a license, i am supposed to get it in october, but i dont know about that anymore, ...

    Brian’s Answer

    • Selected as best answer

    In my experience it sounds like you may have been given a break by the officer. Normally, if you were arrested for OUI he would have taken you back to the station. You may still be charged with operating without a license, but that he a lesser offense than the OUI. Look in the mail over the next couple of weeks to see if you get a summons to Court. If you do, contact an attorney as a conviction could prevent you from getting your license as you had planned.

    If you have no criminal record, it is HIGHLY unlikely that you would receive any punishment beyond probation of some sort with conditions, and possible community service. Given you young age, I can imagine that you are very frightened by the process and what could happen. Take a deep breath, what you did was stupid - but it isn't the end of the world. Hire a good attorney and they can help you minimize the damage to a point where this will be a minor bump in the road for you to moving on with you life.

    Feel free to give me a call for a free consultation if you are still nervous. 617-829-3240

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  • Do I have enough evidence (proof) to file a small claims case?

    I loaned someone money and haven't been paid yet. It has been almost 3 months. I have receipts, text messages, and emails asking for my money. He has been giving me the run around on when he'll pay me back.

    Brian’s Answer

    The rules of evidence in a small claims action are relaxed. What you might not be able to put before the court in the normal course of a trial, such as text messages and voicemails, are far easier to enter during a small claims case. The more evidence you have the better to win the case. You must prove to a judge/clerk that this money was owed. Ask yourself if an independent person saw the evidence you have - would they believe that the person owes you the money?

    There is no hard and fast rule about what evidence you need. Your presentation in court is also an important factor, as is whether or not the other party even shows up to dispute the facts - they may not. If you win, you can collect the amount owed, as well as your costs. You can do this yourself or with a lawyer.

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  • Received 30 day notice to quit ran out may 1.. does landlord need to do a new notice to quit since it is five monthes later?

    also can a landlord only evict me on things that are listed in the notice to quit....They said I did some things that where not in mention in the notice to quit ...that where pretty bad. They are setting me up for sure. when i had a a tenant/landl...

    Brian’s Answer

    • Selected as best answer

    It would depend on whether or not the landlord is accepting your payments as rent or use and occupancy payments. If it is being accepted without reservation, then it can be construed as rent, therefore entering you into a new term of tenancy. If that is the case, the landlord would have to terminate your rights to tenancy again by way of notice to quit. Obtain a copy of your returned cashed checks from your bank - look to see if they have use and occupancy or anything else written on them. That will go a long way toward determining your current rights.

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  • Is it legal for an lawyer to represent a client & settle a lawsuit involving fraud?

    Relatives committed fraud which affects me & will require all the relatives to come forth with the truth in order to keep me safe. It may be best to seek monetary compensation with the relatives instead of exposing the fraud. Is this legal?

    Brian’s Answer

    You need to provide more detail as to your situation. An attorney can draft and negotiate a non-disclosure agreement for individuals to sign. As part of the negotiate, a monetary sum can be negotiated. However, no contract is valid, if by its terms it would be a violation of the law.

    You information about keeping you safe suggests to me a serious nature of the situation. I suggest you contact an attorney who can provide you with a free consultation to further discuss your issue.

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  • If caught driving without license on hand what happens?

    If I was driving and got pulled over, not knowing I forgot my wallet at the lake and couldnt show the officer my license what could happen?

    Brian’s Answer

    You would face a civil fine. The downside is that it is considered a moving violation and can be used by your auto insurance company to raise your rates. If this happened to you I recommend you appeal the citation. It is worth the fee upfront to try to prevent the added insurance costs, you never know - you might win the appeal.

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  • I was verbally attacked in January by a temporary employee who has continued to stalk, harass and bait me.

    I went to the Director and she refuses to do anything. This temporary employee tried to get parents and teachers to write a protest letter to get me fired and it did not work. He calls me ghetto in front of anyone. He stands by the time clock so I...

    Brian’s Answer

    You should obtain a harassment prevention order from a judge. Doing so would force your employer to take action as they would be legally bound by the court order as well. While at the courthouse speak to a police prosecutor about the potential of criminal charges against this individual. While you do not need an attorney to assist you with any of this, you may want to engage one to help guide you through the process - especially if other employee fights the order.

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  • Shoplifting in sears.. I ignored the first letter and got the same letter again today. Help me

    I posted last time that i got a letter saying that i need to pay $375 for my mistake in sears. All the lawyers suggested me to ignore it and I did the same. Now I got another letter saying... You have not yet paid the $375 (from the same company)....

    Brian’s Answer

    The only recourse Sears would have against you for shoplifting would be criminal in nature. It sounds like they did not take that route. It would be very difficult for them to do so at a much later date. Even if they were inclined to pursue litigation against you, it would cost them far more than $375 to do so. They are not going to spend the money to do that. But the cost of a stamp in an attempt to scare you and hope you pay them is well worth it for them.

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  • When will a shoplifting charge be on my record?

    I know what I did is wrong, and I've done a lot of reflection on my actions. I don't want this one mistake to destroy the rest of my life. Is there a way for it to be off my record? The police were called but I was not fingerprinted or taken to th...

    Brian’s Answer

    If you do receive a summons, it will be to a Clerk's hearing. The Clerk will determine whether there is probable cause to issue a complaint for the shoplifting. You have an opportunity at this stage to prevent the charges from issuing. You should hire an attorney to accompany you and advocate for why the complaint should not issue against you.

    Once the complaint issues, the charge will remain on your record regardless of the outcome. You can visit the CORI website from more info about the CORI laws of Massachusetts.

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  • Have deposition for work. have arrest, no conviction. mass. rules say i didn't have to disclose. what do i do if asked in depo?

    arrest no convictions didn't disclose to company per mass employment laws maybe be asked about arrests in depo, but clearly would rather not answer and invite questions from work about things i didn't have to disclose

    Brian’s Answer

    I suggest you consult your own counsel as to what you should and should not answer in the deposition. The attorney hired by the company has attorney client privilege with the company. As such things you tell that attorney, may not be held in confidence between the two of you. I suggest you explore having your own attorney present at the deposition, or at least discuss the issue with the company attorney. You and your attorney would have confidentiality on the matter.

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