Skip to main content
Jessica Ann Foley

Jessica Foley’s Answers

507 total


  • I was pulled over 6 days ago & was told my license was expired. I got a criminal citation will this be on my CORI for a job?

    It happened 6 days ago and I have yet to get a summons to court. I was offered a job and have 3 days to accept. I have to sign off for a background check which includes a cori. Will this be on there and what should I check on the application yes t...

    Jessica’s Answer

    In addition to the other answers - you only have to answer if you have a conviction or possibly a Continuation Without a Finding - read the application carefully. Also, if you have no other record (and even if you do) you should contact an attorney immediately to help you resolve this issue, answer your specific questions and protect your record!

    See question 
  • So what are the rights about searching the car?

    I was driving and got pulled over for a bad sticker and have no license so I got arrested for no license and the cops put me in cruiser then searched the car, do they have the right to do that??

    Jessica’s Answer

    They have the right to arrest you, but they have to have your permission to search the car. You should get a lawyer - either the court can appoint one if you are eligible or hire you own. There are rules that the police need to follow when arresting someone and searching their car, and they can't search your car without your permission unless they tow it and inventory it pursuant to policey.

    See question 
  • Can I write an anonymous letter against someone's behalf?

    Someone I know is in prison and awaiting trial. Can I write an anonymous letter attesting to this person's character (or lack thereof)? If so, who to I send it to?

    Jessica’s Answer

    An anonymous letter isn't going to do anyone any good.

    See question 
  • If I get pulled over for a OUI, and immediately ask for an attorney.....how can they say I refused a breathalyzer?

    If I get pulled over for a OUI, and immediately ask for an attorney.....and say I won't talk or do anything until I speak to an attorney...can they still continue to ask me questions and ask me to take a Breathalyzer. And then hold not taking one...

    Jessica’s Answer

    The other answers are correct - just to add a few things - you do not have to answer the questions that the police ask you when you are pulled over. You should give the your license and registration and tell them your name. They will ask you to do Field Sobriety Tests - YOU DO NOT HAVE TO DO THEM - you can refuse. You must say 'no'. You might get arrested as a result but it will generally make it harder to prove in court that you were intoxicated. As it is for the Breath Test - if you refuse the the tests the refusal (and the fact that they were even offered) is not admissible in court! If you get arrested hire a lawyer (one can be appointed by the court in the event you qualify).

    See question 
  • I got a ticket for having an expired inspection sticker

    I just got a ticket for an expired inspection sticker. I was actually driving home from the mechanic who was trying to resolve why my check engine was on(which caused me to fail the inspection in the first place). Is this grounds for a dismissal ...

    Jessica’s Answer

    I advise appealing the ticket, however, being on your way home from the mechanic won't guarantee a dismissal. You should bring paperwork, perhaps your driving record and hope that the clerk is sympathetic. Also, you will have a second chance to be heard in front of a Judge if the Clerk issues the ticket. I suggest that you attend both hearings as it increases your chances of being found not responsible.

    See question 
  • I smoked on pre trial probation. Can i be placed under custody for violating pre trial probation.

    Also note this is my first offense ever i was arrested for domestic a & b but no charges were ever filed. I have had no record up until this point

    Jessica’s Answer

    My first question would be: are you not allowed to consume drugs or alcohol while on PTP and are you being randomly tested? If you are being tested and not allowed to smoke then it is likely your case will be brought back to the trial list. You should talk to your lawyer or a lawyer if this is the case so that perhaps you can come up with a plan to deal with this issue. You might be able to remain on PTP for longer or with additional conditions - it really depends on how well you are doing overall and the feelings of the DIstrict Attorney's Office.

    See question 
  • What is the penalty for my wife not producing our kids for my parenting time and instead bringing them indefinitely across state

    My wife and I are in divorce w/ 2 minor children. The current temp order states a specific parenting schedule,and makes no provision for deviating from it save illness of a child. Today, she did not show at the exchange and hours later I got an ...

    Jessica’s Answer

    Yes, you can certainly file a Contempt. In anticipation I would keep careful records of the history of what has been going on regarding her failure to comply with the court order. I know you are upset, but most likely it is not considered parental kidnapping and there would not be any criminal penalties imposed. It's difficult to find someone in criminal contempt if she comes back with the children. I would definitely address this in court.

    See question 
  • Sealed record in massachusetts will maine see it at a defered judgement hearing

    registered nurse

    Jessica’s Answer

    I agree with Attorney MacDonald however, it's hard to know if Maine will bother pulling your interstate record or just your Maine record. In Massachusetts, often, if someone is from out of state the court will run an out of state record.

    See question 
  • I have a domestic assault on my record. 10 years ago smacked step daughter back of head and she called police.

    She is willing to go to court on my behalf if needed. I had no legal representation at time.

    Jessica’s Answer

    The question is not clear - but you can have your record sealed either by Petitioning the court or the Probation Department. It depends on the charge and the sentence. This website is a good place to start : http://www.mass.gov/courts/selfhelp/criminal-law/seal-record.html
    If your questions aren't answered consult a criminal defense attorney in the area where the court case was heard. Good luck!

    See question 
  • Hi im inquiring about visitation. I want my kids father to take his 3 kids every otha weeked and one day a week.

    Also split summer

    Jessica’s Answer

    I can't tell where you are in your case - if there is a divorce or paternity action so it's hard to give guidance. That being said, if you agree with him (i.e. he wants this schedule) then you can go to court and get it allowed. Unfortunately, you can't force him to take them if he won't agree, but it could be ordered by a Judge.

    See question