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Richard J. Sweeney
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Richard Sweeney’s Answers

12 total


  • How should I defend the speeding ticket 80mph in 65 mph zone ?

    The cop clocked my speed by driving close to me. It was night and hilly area. I was in the left most lane but there were people ahead of me in the same lane and the police officer was driving behind me. I saw someone following so moved to right la...

    Richard’s Answer

    Arguing that you were not speeding, I agree, is most often a losing argument. The best place to win any speeding ticket is at the first hearing before a clerk-magistrate (in Massachusetts). An experienced attorney can craft a defense for you at that level and ask that you be found not responsible (dismissed). If you lose at that level you can appeal to a Judge and then you would have an opportunity to cross examine the officer. In Massachusetts (not sure of other states) the officer who cited you is not even present at the first hearing, Bottom line is your odds are much better with an experienced attorney at the first appeal.

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  • Mother wants to see her son, who is in protective custody, in prison but is denied. how can she go about seeing her son?

    son is in prison, his mother wants to see him but is denied visitation. son is in protection custody.

    Richard’s Answer

    Chances are he is in segregation for his own protection or for a violation. Contact the prison officials or advocates to see when he will be available. If he is in protective custody because of a charge against him then his attorney should be able to assist you. Each jail has advocates that can assist you so if you don't want to contact the lawyer then use the advocates.

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  • What happens when a child is charged with watching child pornography?

    Something popped up on my phone just last night telling me that I was being charged with child pornography and they blocked my phone. I would like to know how and why this happened, also how I can fix this problem before it gets worse

    Richard’s Answer

    This is a VIRUS and and internet scam. Social apps suspend your account for child porn and then notify the police who come to pay you a visit. They will question you and/or seize your phone and other devices. They would not notify you this way.

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  • What would happen if I am under 18 and get pulled over driving with a permit alone?

    My grandparents are going away this winter and their house will be unoccupied with the car in the garage. I'm thinking about driving it to school every day while they are gone. What would happen if I got pulled over driving their car with only a p...

    Richard’s Answer

    You are operating without a license and subject to arrest and your vehicle will be towed by the police. You will have to get a licensed driver to recover the car, your grandparents will lose trust in you and you will need to pay a lawyer some money to get you out of this. Finally your insurance will increase. Glad you asked before you did this because it's just not a good decision any way you look at it.

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  • Does the court take into account who called the cops?

    I was wondering if just the fact of being the person who called the police going to help soneone? Let me be more precise: if someone starts a (physical) fight and then in the end the person who got attacked decides not to call the police, and the ...

    Richard’s Answer

    You are correct in thinking that the officer's first impression is that the person who called the police is the "victim". Fortunately well trained police officers will immediately split the two of you up and question you separately to ascertain the true story. You will have an opportunity to tell your side of the story at that time and then, if arrested, your attorney will be able to poke holes in the the other story and solidify yours through cross examination of the officers who will be testifying.

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  • Is it worth it to hire a lawyer to resolve my speeding ticket?

    I receive a speeding ticket in Fairfax County Virginia which I heard is notorious for giving out speed tickets. I am from Alabama, and I am only here for my pre-deployment training. I was driving 49 mph on a 35 mph zone. I was hoping that the o...

    Richard’s Answer

    I advise all of my clients to contact their insurance company and ask them how much this ticket will cost them in increased insurance premiums over the next few years if they do not contest it. That should be your first call. In Massachusetts you lose good driver credits for certain offense and it ends up costing you literally THOUSANDS of dollars over the next couple of years in increased premiums. If that is the case in your state then it is absolutely worth it to hire an experienced attorney who handles traffic ticket defense. All too often people rely on "internet questions" that get them nowhere with the court. A local attorney can be very helpful in your defense and knows what it takes to get your ticket dismissed. Do the math and then make your decision. A decent attorney runs between $750 to $1250 depending on the charge. Be careful of internet attorneys who take your case and then "farm" you out to inexperienced attorneys to handle your case. Ask your attorney if he or she will be the attorney that will be with you in court. Talk to the attorney and ask them what kind of results they have and beware of anyone who "guarantees" you a victory. If you are not satisfied then keep looking for the local attorney who will be standing next to you when it counts. It's your money and your driving record.

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  • Can we protect our son who may be selling his narcotic medication to a dealer?

    Our son takes a Schedule II medication to control his ADHD. We have reason to believe hes selling it to a dealer. He's had to have it refilled early 2 months in a row, and he received a text yesterday that said, "are you bringing the 5 tomorrow?" ...

    Richard’s Answer

    Your son is committing the crime of distributing drigs and the best thing you can do is to contact a reliable attorney who can sit down with both you and your son and explain the consequences to him before he gets caught. Police officers routinely check text messages and track the supplier of the drugs and people arrested are often quick to give up their source to help themselves. Your child obviously has not thoought this out and an experienced attorney can stop this before he gets arrested and charges with a drug crime. Call an attorney BEFORE you call the police.

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  • Need good defense attorney

    misdemeanor drug possession charge

    Richard’s Answer

    Lawyers.com is an excellent resource for anyone in any state that is looking for an attorney that practices the type of law they need and has been rated BY THEIR PEERS. Look for an AV rating and for someone who specializes in your problem. Don't hire a foot doctor when your arm hurts. The law has become specialized and this site has been rating attorneys for decades. It is where attorneys go when they need an attorney in another state or someone who has the specialty they need. Make sure to interview a couple of attorneys and find one that you are comfortable with before you decide. Good luck.

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  • I recieved a speeding ticket 55 in a 35 by a motorcycle cop with radar.the officer failed to put the date on the ticket

    when i appeared before the judge he indicated i might have a cause for dismissal but i needed to proceed in the correct way...i have a hearing on the 28th of may....what did he mean??

    Richard’s Answer

    You need to move to dismiss the ticket, called a "citation defense" in Massachusetts on the grounds that the ticket is defective. Check with a local clerk of court in Arizona because different states have different terms for this defense.

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  • Should I bring an attorney with me to answer questions in a police investigation

    A police officer called me and asked that I come in to the police station to answer some questions about an investigation they were conducting. He would not tell me what it was about - only said he would tell me tomorrow when I came in. Needless...

    Richard’s Answer

    It is almost always a good idea to refuse to talk with the police unless you have an airtight alibi. ANYTHING you say WILL be used against you. The police are conducting an investigation and will present their evidence and any statements you make to the court and you will either be arrested or summonsed to a court for a hearing or an arraignment. Getting a good attorney early on is a necessity as your attorney can talk to the police on your behalf without any of your statements being used against you. Once the investigation is complete they will charge you. In sex crimes the time frame of when you would be notified can be a week or even 4-6 weeks depending on who they need to talk to and what sort of evidence they are waiting on. The police are not obligated to tell you if they don't file charges so, once again, a good attorney can let you know the status of the investigation and may be helpful in resolving the issue before you are charged.

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