Skip to main content
Kevin Gaughen Jr.

Kevin Gaughen’s Answers

64 total


  • How deal with assault/battery?

    Hi, I have several questions about an assault and battery charge. The probably usual story of argument with girlfriend. She had my cell phone, I grabbed it from her. No punches, slaps or any other contact outside of reaching for phone. She ca...

    Kevin’s Answer

    In MA an assault and battery has occurred if you have touched another person without any right or excuse to do so and the touching was without their consent or that touching was likely to cause bodily harm. The letter tells you to report to probation so that the probation department may conduct an initial screening to locate any criminal record you may have as well as to screen you for eligibility for public counsel. Once you are screened by the probation department they will direct you to the arraignment session to be formally charged/arraigned. If at all possible you should hire an attorney to represent you.

    DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. This is not intended to constitute legal advertising or solicitation, but rather to educate.

    See question 
  • Recieved a massachusetts uniform citation by mail for criminal offense of OUI-liquor, (neg)OPERATING TO ENDANGER, MARKED LANES

    My son has an accident after having a few beers. He hit an abandoned car in the breakdown lane of the highway. He was not arrested or tested for alcohol on the scene or at hospital. 12 days later we received a massachusetts uniform citation with...

    Kevin’s Answer

    In addition to Attorney Pang's well stated answer you should also be wary of any attempt by the police or the district attorney's office to subpoena your son's medical records. While he may not have taken a breathalyzer at the hospital the nurses and doctors may have ordered a blood test to determine a number of things, including his blood-alcohol content. If properly subpoenaed, your sons hospital records may be used as evidence against him. You should contact an attorney before the clerk's hearing so that you may assert all available defenses. I would be happy to answer any further questions you may have.

    DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. This is not intended to constitute legal advertising or solicitation, but rather to educate.

    See question 
  • Fines for carrying a fake id?

    What is the fine if any for carrying/or using a fake id in the state of Massachusetts by a minor?

    Kevin’s Answer

    Posession of a false or stolen drivers license may be charged as a felony and punished by up to 5 years in state prison or a $500 fine or both. Most people arrested for using a fake ID generally have their cases dismissed on a few hundered dollars in fines.

    DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. This is not intended to constitute legal advertising or solicitation, but rather to educate.

    See question 
  • Massachusetts Statute of Limitations

    I was notified that in 1986 I was cited for operating an unregistered vehicle. When I contacted the court they said "in MA I was a fugitive from justice and I was in serious trouble." I remember being pulled over but do not remember being cited. I...

    Kevin’s Answer

    I agree with Attorney Pang. A citation for operating an unregistered vehicle, while technically a crime, would on its' own almost never result in a jail sentence or high fine. The fact you have served our country honorably will play a role in the courts determination of your sentence, as will the age of the case and a number of other factors.
    It sounds as if the clerk is either exaggerating or you have been charged with more serious crimes. Either way, your liberty is at risk given the outstanding warrant in MA. It is important to take steps to clear the warrant, whether through flying to MA to address the warrant or hiring an attorney to help clear the warrant before you fly to MA. You may also want to contact the court's district attorney's office to speak with them about potentially clearing your warrant. Good luck and feel free to contact me with questions.

    DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. This is not intended to constitute legal advertising or solicitation, but rather to educate.

    See question 
  • I was recently charged with larceny over 250 and possession of a stolen rmv document. what does this mean for me?

    I stole a wallet with 200 dollars in it and gave the id to my 19 year old friend. he got caught buying alcohol with said id and then i was later questioned about stealing the wallet. i told the truth, was cooperative and gave a full statement. I w...

    Kevin’s Answer

    The sentence depends on your criminal record, the facts and circumstances of the alleged crime and what, if any, input the alleged victim has. If you have never been in trouble before you will be looking at a better sentence than if you were recently released from prison. Make an appointment to speak with a criminal defense attorney. He or she will be able to look over the police report and give you a better idea of what to expect. Despite your confession you may be able to get the evidence dismissed or you may be eligible for an alternative disposition. Feel free to contact me to discuss your case.

    DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. This is not intended to constitute legal advertising or solicitation, but rather to educate.

    See question 
  • What is the difference between dui and oui

    are there differences in degree or consequence or is it just a difference in terminology?

    Kevin’s Answer

    Just a difference in terminology. In Massachusetts, there is no such thing as DUI (Driving Under the Influence), In this state the crime of drunk driving is referred to as OUI (Operating Under the Influence). They mean the same thing, although the penalties for OUI or DUI vary from state to state.

    See question 
  • Does my daughter need a lawyer?

    My 19 year old daughter was arrested for using a fake ID to get into a bar/restaurant. She was not drinking. Does she need a lawyer for her court date? What are the potential penalties for this offense?

    Kevin’s Answer

    That crime can be charged two different ways. One way to charge it is possession of a false/forged RMV document in violation of MGL ch. 90 sec. 24B which is a felony punishable by five years in state prison. There is another crime, however, which is possession of a false liquor ID or license in violation of MGL. ch. 138 sec. 34B, that only carries a sentence of three months in jail and is therefore considered a misdemeanor. Hiring an attorney is a very good idea regardless of how she is charged, however, If your daughter was charged with the felony, it will be beneficial to hire an attorney prior to any arraignment or ultimate disposition to inquire as to reducing the charges. Feel free to contact me with questions.

    See question 
  • I got a warrant for failure to appear in court and they gave me a court day will i get arrested when i show up for my court date

    i got a warrant for failure to appear in court and they gave me a court day will i get arrested when i show up for my court date

    Kevin’s Answer

    It is difficult to answer, it seems as if you have already removed the warrant and they gave you a date to come back. If this is true, and there are no outstanding warrants against you, you will not be arrested if you return at the appropriate time, as designated by the court.

    See question 
  • What should i expect with a OUI then getting arrested for getting caught driving.

    I was going for a job interview i have no licence un registered and unishured car and no inspection sticker. A statie pulled up and then proceeded to arrest me in the parking lot. I am on probation already unsupervised and im under 21.

    Kevin’s Answer

    Driving with a suspended license for OUI carries a minimum jail term of 60 days. You need to contact a lawyer immediately. Given that you were arrested in a parking lot, your lawyer should review the case and make sure the Commonwealth can prove all of the elements of the charge. You will also face a probation surrender hearing in which the Court may revoke your probation and commit you to jail.

    DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. This is not intended to constitute legal advertising or solicitation, but rather to educate.

    See question 
  • Criminal harrassment

    I have recieved 23 anonymous letters in 2 years. they are sent to my drs office, schools and numerous other places. they are accusatory in nature but not threatening. the D.A.'s office is slow to respond. What can I do to ...

    Kevin’s Answer

    The person sending the letters may be in violation of the criminal harassment statute, quoted below. You may want to take the letters to your local police department and ask for their help in determining the identity of the sender. Once you learn the identity of the sender you may apply for a complaint for protection from harassment.

    "Whoever willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress, shall be guilty of the crime of criminal harassment..."

    DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. This is not intended to constitute legal advertising or solicitation, but rather to educate.

    See question