Kevin Gaughen Jr.’s Answers

Kevin Gaughen Jr.

Weymouth Criminal Defense Attorney.

Contributor Level 9
  1. I was chargerd with check larceny in which i never recived a hearing before they sent a letter stating i was to appear in court.

    Answered over 4 years ago.

    1. Kevin Gaughen Jr.
    2. Myong J. Joun
    3. Henry Lebensbaum
    4. Theodore W. Robinson
    4 lawyer answers

    Did you go to a clerk magistrate hearing or were you formally arraigned? If the case was dismissed at the clerks hearing the charge will not show up on your CORI. If you were formally arraigned and the case was dismissed after arraignment the charge will appear on your CORI as a dismissal, but only a limited number of agencies will be able to see the charge. For more information on your CORI see the below link to Mass Legal Services CORI reader, which has more information for your...

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  2. Abuse Prevention order; False claims; perjury;

    Answered almost 5 years ago.

    1. Kevin Gaughen Jr.
    2. William T Harrington
    3. Joseph K. Chancellor
    4. Henry Lebensbaum
    4 lawyer answers

    Expunging all records of a restraining order is extremely difficult and not often successful. You must show the other party consciously set out to defraud the court. The case you are thinking about is Commissioner v. Adams. If I did this right, the link may be found below, if the link doesn't work, the cite to the case is 65 Mass. App. Ct. 725. In the Adams case the judge found by clear and convincing evidence "a calculated pattern of nineteen false and perjurious statements that influenced...

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  3. What is the difference between dui and oui

    Answered about 4 years ago.

    1. Kevin Gaughen Jr.
    2. Ismail Mohammed
    3. John F. Libertine
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

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  4. DUI/DWI in MA does it show in a cori and/or background check

    Answered over 4 years ago.

    1. Dominic L. Pang
    2. Kevin Gaughen Jr.
    3. Gregory Casale
    4. Michael L Rich
    5. Brian E. Simoneau
    6. ···
    6 lawyer answers

    I would re post this question in the forum for the state in which you plead no contest. The laws of that state and sealing records may be different than those of Massachusetts. A prior DUI may not be a bar to getting your nursing license (but lying about it certainly would be). There are a number of people with DUI arrests or convictions who go on to live very sucessful lives (such as our 43rd president).

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  5. My boyfriend is threatening to post a sex tape of ours online and to show my family. what actions can i take to stop him.

    Answered over 4 years ago.

    1. Kevin Gaughen Jr.
    2. Henry Lebensbaum
    2 lawyer answers

    Speak with the police. Most departments have sex crimes investigators. Attempted extortion is a felony. If you aren't comfortable doing that speak with a domestic violence organization.

    3 people marked this answer as helpful

  6. Any advice on surrendering himself??

    Answered over 4 years ago.

    1. Dominic L. Pang
    2. Kevin Gaughen Jr.
    3. Henry Lebensbaum
    4. Gregory Casale
    5. Johnny Ramirez Castaneda
    5 lawyer answers

    Contact an attorney ASAP. Tell your son he has a right to remain silent and to do so. These cases are often hard for the Commonwealth to prove unless they have some sort of confession. 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...

    1 lawyer agreed with this answer

  7. Defective headlight violation with wrong plate number, car make/model, AND date

    Answered over 4 years ago.

    1. Kevin Gaughen Jr.
    2. Theodore W. Robinson
    3. Alan James Brinkmeier
    3 lawyer answers

    If this is not a moving violation it should not affect your insurance rates (check with your insurance agent to be sure). That being said, it is $25 cash only to appeal a ticket, if you lose the initial appeal you must pay another $50 cash to appeal to a judge. Even though you have a very good argument to make, financially it may make sense to simply pay the ticket and forget about it. Good Luck.

    1 lawyer agreed with this answer

  8. 20 years old got caught shoplifting, what are possible consequences

    Answered almost 5 years ago.

    1. Kevin Gaughen Jr.
    2. Dominic L. Pang
    2 lawyer answers

    What were the charges? A lawyer is always recommended when you are facing criminal charges. You are entitled to a lawyer and if you cannot afford a lawyer, the court will appoint one to represent you. Generally the lawyer is appointed after your arraignment. However, if the crime they charged does not carry the possibility of jail time the court may not appoint a lawyer for you at all. The benefit to hiring an attorney is that he or she will represent you prior to the arraignment and can look...

    2 people marked this answer as helpful

  9. How deal with assault/battery?

    Answered almost 4 years ago.

    1. Kevin Gaughen Jr.
    2. Dominic L. Pang
    3. Anuraag Hari Singhal
    4. Robert Edward Heyman
    4 lawyer answers

    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...

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

    Answered almost 4 years ago.

    1. Dominic L. Pang
    2. Kevin Gaughen Jr.
    3. Brian E. Simoneau
    4. Gregory Casale
    4 lawyer answers

    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...

    1 person marked this answer as helpful