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Jessica Ann Foley

Jessica Foley’s Answers

507 total


  • How do I lower my child support?

    When my divorce was finalized I had a better paying job. I have been paying my support but it leaves me struggling to pay my bills. If it were not for my brother allowing me to live with him, I would be homeless because I wouldn't be able to affor...

    Jessica’s Answer

    You need to file a Complaint for Modification in the appropriate court. You will also need to prepare a Financial Statement and Child Support Guidelines.

    You can do this on your own or you can hire a lawyer.

    See question 
  • What is the process of reinstating your license in MA after a CWOF?

    I recently pleaded to a Continuance Without Finding for a first offense dui in MA. I got the 45 day license loss, court fees, one year of probation, and admittance to the driver alcohol education class. My question is-I've been getting mixed m...

    Jessica’s Answer

    If you just want a hardship you can apply as soon as you have enrolled in the alcohol education program (24D). You must have done the intake. You must also wait 3 business days after the plea. Good luck!

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  • I have a court appointed attorney, but I don't feel my interests are being considered. Can I ask the court for a different one?

    I don't my feel my lawyer has my best interest at hand. She has made it clear that she disagrees with how I want to proceed and is not being as aggressive as I would like her to be. This is a court appointed attorney for Plymouth County Juvenile...

    Jessica’s Answer

    In Massachusetts, you can get a new lawyer appointed if there has a been a breakdown in your communication with your attorney (it sounds like there is). Sometimes the Judge will make it difficult for you if the trial is coming up very soon, but otherwise, you should be allowed to get new counsel for good reason.

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  • Speeding ticket without getting pulled over - MA cop with a radar seemed to have clocked my speed as was trying to slow down?

    I was driving through Watertown, MA today and the speed limit keep changing from 30 to 35 to 30 again. As soon as the limit changed from 35 to 30, I was in the process of slowing down and realized that there was a cop standing on the side of the r...

    Jessica’s Answer

    I didn't think you could get random non-fastlane tickets in the mail - but apparently you can. I just learned this from a friend of mine who got one....Anyway, don't worry until you get one. If you moved and didn't change your address you might want to check at the old place.

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  • Prior CWOF

    Can a prior CWOF in assault be used against you as evidence in court for a new charge?

    Jessica’s Answer

    It can be used against you IF you are on probation - you can be violated on your probation and receive up to the maximum sentence per statute. It depends when this happened and what happened. If you are on probation and issued a violation notice then you need an attorney. If you are indigent one can be appointed for you. Also, upon conviction or plea, the Judge can use your past criminal record against you in determining a sentencing recommendation.

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  • To appeal a ticket does a minor need a parent to attend the court date and be involved?

    I got a citation for failure to yield to a pedestrian. It was a sting operation involving undercover officers and the officer who pulled me over advised me to pay the ticket.

    Jessica’s Answer

    The officer is correct, you need to appeal the ticket. If you are a minor it is better if you have your parents available. In my experience, when a young adult has clear parental support, courts are much more likely to give that young adult the benefit of the doubt. In addition, there are steps you can take before the hearing to help get a better result, such as enroll in a driver safety class through the Registry of Motor Vehicles.

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  • What are the chances this will go to trial?

    I went to a friend's job to ask her for jewelry I loaned her and she drove off and I followed her. At her we had an argument and she filed a Harassment Prevention Order. She lied under oath but it was not extended. She now filed a criminal complai...

    Jessica’s Answer

    You are really smart to bring an attorney to the Clerk Magistrate Hearing. As other attorneys have said, it's shouldn't be too expensive, and an attorney will be prepared to help you not get the charge issued at all. Hopefully, the Clerk will be reasonable and see it as a personal issue (and perhaps that the complainant is just bothering you).

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  • Can I reschedule my arraignment? I live in Boston and the arraignment is in Bethel, NY.

    Charged with possession, about (18 grams). Got bailed out and now is arraigned for a court date in 2 days. I have to go back to Boston for several reasons and many a couple appointments on that particular day. Can I reschedule this date or better...

    Jessica’s Answer

    You should post this in the area that you are in trouble in New York. In Massachusetts you could try if you had already hired a lawyer.

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  • How do I make an abusive spouse leave when they refuse to do so and they work with law enforcement?

    I have asked my spouse to leave and told him I want a divorce approx. 1,000 Times and they will not leave. They work with police and when I have called police in an attempt to get them to make my spouse leave,the dispatcher who I spoke to played t...

    Jessica’s Answer

    You can also try DOVE. If he is abusive you can get a 209A order against him, I suggest you call them or another domestic violence counselor to talk about your safety plan and then talk to a lawyer about the next steps. If you are afraid for your safety - talk to the Domestic Violence people before you do anything.

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  • OUI

    My nephew was charged with oui and his license was suspended and the car is registered under his name. If my mother uses his vehicle will she constantly get pulled over by the police because of this? Will this flag the plate? She's nervous to use it.

    Jessica’s Answer

    She shouldn't unless she's driving inappropriately.

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