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Jessica Ann Foley's Answers
Contributor Level 14
- 378 Legal Answers
- 2 Legal Guides
3
Attorney answers:
Please help! My sister has a 13 yr old daughter with PDD NOS Aspergers. My niece kicked a teacher & now felony charges pressed!
Hi, I'm so sorry for your situation. Unfortunately, the police don't always seem to care about kids that have disabilities and often the schools 'pass the buck' when the child becomes violent or out of control. (This isn't always the case - there are many, many fabulous teachers and police who do care). You need to get your niece a lawyer to fight with the school and defend her against the criminal charges. Also, if you can't afford a lawyer for your niece if she is going to be...
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3
Attorney answers:
Son is being charged with Indecent A&B under the age of 14
Hi, Are you sure your son is scheduled for an arraignment? Of course not getting arraigned is the best way to go, but, it is often very difficult to do so. You don't need to explain this approach to a lawyer, any lawyer you hire should have an idea of where to go with this case. If you dont' want your son arraigned you need to hire a lawyer BEFORE arraignment. THESE are very serious charges and if convicted your son could end up having to register as a sex offender. You need...
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5
Attorney answers:
I was arrested on a dwi but I was assaulted just prior to dwi and police did nothing after I had filled out the victim form!
This is kind of a hard question to answer, without all the facts that are in the police report. Any steps the police don't take can always be used by your defense attorney at trial. These questions that you are posting really need to be directed to a defense attorney. If you don't have an attorney you need to find one.
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3
Attorney answers:
What will I most likely be sentenced for several counts of drug possession class C and E and larceny over $250
Honestly, it depends on how much you had in your possession, and how many counts of larceny. You might go to jail, or you might get probation. You should really talk to your attorney, he or she is the best one to give you an honest answer as to the possibilities. If you don't have a lawyer, GET ONE.
6 lawyers agreed with this answer
3
Attorney answers:
What is the min/max sentence for aggravated a&b, a&b domestic, and resisting arrest for someone with with a previous a&b's?
Hi, It depends what court you are in, if you are in District Court, then the maximum you can receive on any individual charge is 2.5 years in the house of correction (this does not mean that you can have sentences served 'from and after' another sentence - i.e. 2.5 years and then another sentence starting in 2.5 years). It is not clear which charges you think you might be convicted of, so I can't give you a certain answer. If you have an attorney he or she is the one that you need to...
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5
Attorney answers:
Where do I put a restraining order on someone from a different town and in behalf of my 7 year old son?
If he has not directly threatened your son or put him in danger by hurting your son's mother, it may be tough to get a restraining order. You can try. You can do this in District Court where your son lives OR you can go to Probate Court. You can also go to Probate Court and file for Modification of your current custody arrangement if you do not want this man around your son. This may be your best bet - go to Probate Court and file both a Modification and a 209A.
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4
Attorney answers:
Is character of victim peacfulness an issue in assault cases that allows for specific instances of conduct to under FRE 405(b)?
This sounds like an exam question.
5 lawyers agreed with this answer
4
Attorney answers:
OUI .07 BAC
There are two ways that the Commonwealth can prove OUI. If your lawyer hasn't gone over this with you, you really need to speak to him or her. The Commonwealth can proceed under the theory that you were 'per se' intoxicated due to a BT of over .08 OR they can just try to prove that you were impaired while driving the motor vehicle without submitted any evidence. Again, it sounds like you have a lawyer, you should only be discussing your case with him or her.
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4
Attorney answers:
Does their need to be more facts in this charge?
You need to have a conversation with your attorney regarding your concerns. Also, you don't hire a lawyer to tell you what you want to hear, you hire a lawyer to represent you based on the information and facts at hand.
5 lawyers agreed with this answer
6
Attorney answers:
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My Lawyer calls me back on the weekends?
Honestly, it depends. There are some weeks when I get stuck in court or on trial and I don't call my client's back as quickly as I would like. I do try to call them and at least tell them i'll call them at some point - like on the weekend. However, I can't see not returning emails promptly as that can be done at any time. Also, it's rare that I don't have time to call back a client within 24 hours. There are some circumstances where a lawyer has a family emergency or some other issue...
5 lawyers agreed with this answer