I just went to their website and I can't believe how outrageous their terms are. They can say anything they want, but you should have nothing to worry about. Just the fact that their name is "one time fax" and they charge $27 to cancel an account is crazy and probably illegal. You should contact the Federal Trade Commission and the Massachusetts Attorney General's Consumer division. Do not pay the fees. I would sue them under chapter 93A, the Mass. Consumer Protection Act. I use Efax in...
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Do not pay the demand notice. Your daughter is not guilty of anything and certainly Sears security personnel are not lawyers. I have had dealings with this New Jersey firm that sends out this notice and I believe that what they are doing is illegal and unconscionable under these circumstances. I have another client in the same situation. I would be happy to talk to you about this, as I am interested and pursuing a claim against this law firm. Click on my profile or contact me here: James...
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A hearing before a clerk magistrate is a hearing to determine whether there is probable cause to issue the complaint. Probable cause means that it is more likely than not that a crime was committed and more likely than not that the juvenile defendant committed the crime. The standard is much lower than beyond a reasonable doubt. At the hearing, the police, or sometimes a citizen who applies for a complaint, present evidence, either by live witnesses or the reading of a police report, to...
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Based on the information you provided, your son has not committed a crime under Massachusetts Law. Chapter 266: Section 37E, the identity theft and fraud statute, may apply if your son actually tried to obtain information with the false Facebook page, which you say he did not. If there is not criminal investigation or current charges, you are free to sell the computer. You seem to be handling the situation appropriately by punishing him for doing something wrong.
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Each District Attorney's office has staff called Victim Witness Advocates, Their job is to contact victims and witnesses and notify them pending cases and to ensure victim's involvement in cases. You should receive a letter notifying you of a court date along with a form where you can list all damages and write a victim impact statement. The reason why the police report was blacked out was because the girls are juveniles and because the report was released to a member of the public. The...
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This is a juvenile case that must be first heard in juvenile court if the allegation is that you were under 16 at the time of the offense. The juvenile court must hold a G.L. c. 119, sec. 72A transfer hearing. The court must find that there is probable cause that the offense was committed and because you are now over 18, that it is in the interest of justice that the case be transfered to adult court. I have handled these hearings before and have both juvenile and criminal defense...
No. Juvenile crimes are those committed before a person turns 17. The court depends on how old the person was when the alleged offense was committed.
Because you are 17, you are an adult in the Massachusetts criminal system and because the other person is 16, he is a juvenile. You certainly could get charged and arrested for fighting him, but an equally significant issue is that you could get suspended or expelled from school for fighting. Feel free to call me 781-519-9588 with any questions. I criminal defense, juvenile law, and education law.
A felony under federal law is a crime that is punishable for more than one year of incarceration. Based on your statement, you were convicted of a felony. I am a former United States Probation Officer and a criminal defense attorney. Feel free to call me 781 519 9588 for a free consultation.
You need to answer the federal government's questions honestly and accurately. While Massachusetts state law may, in certain employment situations, prohibit an prospective employer from asking about dismissed cases, the federal government is not bound by Massachusetts state law. My suggestion is that you (1) obtain a copy of your Massachusetts CORI (2) obtain a copy of your FBI record (the FBI collects data from state charges and arrests, even minor ones and (3) obtain copies of the court...