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Myong Joun’s Answers

52 total


  • I was a passenger in a car. The driver was arrested for possession of marijuana with intent to distribute.

    i was a passenger in a car. We were parked, and a policeman pulled up along side my friend's car and asked what we were doing. After questioning my friend, The policeman searched my friend's car and found less than an ounce of marijuana along wi...

    Myong’s Answer

    You received some good information from the previous answer. These cases are very fact specific. When you receive the summons in the mail, it is advised that you consult with an attorney who could appear in court with you to the arraignment. Depending on the facts contained in the police report (or lack thereof), your attorney may be able to resolve the case for you.

    Myong Joun
    www.MassRights.com

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  • I am on unsupervised probation for a DUI, first offense. Would a 209A restraining order extension prompt a surrender?

    This is all in Massachusetts. The original 209A was granted a month before the DUI arraignment and subsequent Continuation without a Finding (CWOF) disposition through the 24D DUI First Offender program. A month before that, a domestic assault and...

    Myong’s Answer

    No, the 209A is civil in nature. The extension of the order will not trigger a probation violation. You should be aware and be very careful however that an allegation that you violated a 209A order IS a criminal offense and WOULD trigger a probation surrender.

    Myong Joun
    www.MassRights.com

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  • Shoplifting over $250 - Massachusetts - First offense

    I made a stupid mistake of shoplifting some goods to try to resell to pay an overdue rent payment and avoid eviction. It was a time of death in my family, and great hardship and I regret the bad choices I made. I was of course caught and Brookline...

    Myong’s Answer

    To what attorney Hammarlund has said, I would only add that you are not entitled to a lawyer at the clerk magistrate's level. Once a criminal complaint issues, and you are arraigned on the charge, if you qualify, you will be appointed an attorney at that point. Unfortunately, by then, you will have an entry on your record. It is advisable that you speak with an attorney prior to the hearing. Some offer payment options and/or plans that may work for you. Good luck.

    Myong Joun
    www.MassRights.com

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  • How to avoid jail time?

    what are the best chances of getting a judge to give me an alternate sentence instead of sending me to jail for 3 months for a first offense misdemeanor? If I go to jail, I will certainly lose custody of my child, which I have full custody of now.

    Myong’s Answer

    These issues are highly fact specific. You should discuss them with a lawyer privately, not on a public forum. Consult with an experience criminal defense lawyer in your local area.

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  • Will this hold up in court?

    A freind has been indicted for 2 counts drug trafficking 1st degree. The indictment is based on 2 controlled buys the police made using a ci. The ci wore a wire (aud/vid). The vid does show the ci walking up to/in the house. But on the discovery...

    Myong’s Answer

    These issues are highly fact specific. You should discuss them with a lawyer privately, not on a public forum. Consult with an experience criminal defense lawyer in your local area.

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  • Can the law enforcement agency, the county and the state be sued for arresting and holding someone for something they didn't do?

    a friend of mine was arrested for robbing a bank. of course, he was innocent and no doubt, the sheriff's office knew this. it was the second time this particular bank had been robbed and since there was no arrest the first time - law enforcement...

    Myong’s Answer

    Consult with an attorney experienced in sec. 1983 cases. If there were surveillance videos of the actual perpetrator that clearly shows five fingers while your friend had missing fingers, there very may be a viable claim there. There are strict time limitations within which to bring certain claims so it is very important that your friend contact an attorney right away.

    Good luck,
    Myong Joun
    www.MassRights.com

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  • CWOF and CORI Reform

    I have read a lot of conflicting info on CWOFs in regard to CORI reform. Can anyone tell me if it is true that under the reform (effective May 2012), CWOFs will be considered non-convictions and no longer included on CORIs? Or will they continue t...

    Myong’s Answer

    That is incorrect. It is true that CWOFs are considered non-convictions but it will appear on your CORI. Typically, it will show the CWOF, length of the probationary period, and then an indication that the charge(s) were dismissed, assuming that probation was completed successfully and terminated with the charges being dismissed. The arrests will also show up on the FBI's III database (although sometimes, the dismissals aren't properly reflected in their records).

    Depending on what the charges were and when the charges were dismissed at the end of your probation, you may petition the court(s) where the charges issued out of to seal the records. You should discuss the specifics of your circumstances with an attorney to get an answer on this.

    With regard to your last question, assuming that you are eligible to seal the record, the procedures differ from court to court but the turnaround time should not be more than a month. Most courts adhere to the two hearing process while some only require one.

    Speak to an attorney experienced in sealing criminal records.

    Good luck,
    Myong Joun
    www.MassRights.com

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  • Is it illegal for my ex bf to send nude photos and videos of me out when I have specifically told him not to?

    My ex bf has been threatening to send nude photos and videos of me out to his friends and also post them online simply because I moved on from him and am now engaged. He and I have been exchanging emails discussing his reasoning and he said it was...

    Myong’s Answer

    Yes, the threats to disseminate the images is a criminal violation. You should consult with an attorney in your area to discuss your options which may include reporting the matter to the police and providing the relevant emails to the police for investigation and possible prosecution.

    Myong Joun
    www.MassRights.com

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  • Is it illegal for a police department to fabricate dates of incidents? I have positive proof that this was done to me...

    It appears this was done to me in effort to cover up a false arrest that took place against me. The county jail even waited until the next day to book me, and at the time I even thought this was strange. Now that I have read the police reports, m...

    Myong’s Answer

    Since it appears that you were charged with criminal offenses as a result, to Attorney Whitcomb's answer, I would add that these issues should be discussed with your criminal defense attorney. Once your criminal matter resolves, you should then consult with a civil rights attorney with experience in sec. 1983 cases to see if you have viable claims and what your options are.

    Myong Joun
    www.MassRights.com

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  • How do you fight against apparent police brutality

    kicked in the private area, arrested, let go, while trying to break up a fight

    Myong’s Answer

    You may have several options ranging from filing a citizen's complaint to filing an application for a criminal complaint to filing a lawsuit in civil court. There are pros and cons to each of these options depending on the specifics of your case. It is important that you consult with a civil rights lawyer with experience in sec. 1983 cases.

    Myong Joun
    www.MassRights.com

    See question