My license is now suspended and I got pulled over and charged with driving with suspended. I got pulled over January of 2017 when I was first moving to Massachusetts, I never received a ticket and the officer stated you'll be hearing from us when ...
Massachusetts has what is called a “No Fix Statute” which governs this issue by requiring, in essence, that the operator be cited in writing within a short period of time once their identity is known.
M.G.L. 90C Section 2 states in relevant part: “A failure to give a copy of the citation to the violator at the time and place of the violation shall constitute a defense in any court proceeding for such violation, except where the violator could not have been stopped or where additional time was reasonably necessary to determine the nature of the violation or the identity of the violator, or where the court finds that a circumstance, not inconsistent with the purpose of this section to create a uniform, simplified and non-criminal method for disposing of automobile law violations, justifies the failure. In such case the violation shall be recorded upon a citation as soon as possible after such violation and the citation shall be delivered to the violator or mailed to him at his residential or mail address or to the address appearing on his license or registration as appearing in registry of motor vehicles records. The provisions of the first sentence of this paragraph shall not apply to any complaint or indictment charging a violation of section twenty-four, twenty-four G or twenty-four L of chapter ninety, providing such complaint or indictment relates to a violation of automobile law which resulted in one or more deaths.”
What does this mean to the operator that received the ticket in the mail?
1. At the clerk hearing, you can raise a defense under this statute. It shifts the burden to the police department to establish a reason under the statute for not citing the motorist when the violation occurred.
2. At the judge appeal, you may again raise a defense under this statute. At this level, the officer, must, under oath, testify as to why the ticket was sent in the mail rather than given in hand.
3. You may have a basis for an appeal to the appellate division as a matter of law, since there is a statutory defense to this type of citation.
Your best bet to beat a citation is to hire an attorney that is experienced in the local courts and who is familiar with the laws surrounding this citations.See question
My ex girlfriend went to the police and accused me of sexually touching her without her consent (indecent assault and battery on person over 14) - this is a he-said she-said case with no evidence. Since then I have been to district court twice and...
It is extremely unlikely in Massachusetts for the DA's office to seek perjury, filing a false report or some other charge against any recanting "victim". It is even less likely that they would do this with a juvenile within the context of a sexual assault allegation.See question
I am being accused of a sex crime, indecent assault and battery on person over age 14. What is the likelihood this will go above superior court, and what is the difference between superior and district court? Thank You.
The likelihood depends on a number of factors, including the facts, the strength of evidence, media attention, and your past criminal history to name just a few. The major differences is that you lose the right to a defendant-capped plea in Superior Court whereby you may only withdraw a plea if the judge exceeds what the Commonwealth has offered. Moreover, state prison sentences (of a more significant length) are available only in Superior Court. Procedurally, a Grand Jury is used to indict the case, rather than a clerk determining probable cause and issuing complaint. In addition, the jury is twelve instead of six people. Obviously, you want to avoid Superior Court if at all possible, as the judges there are used to higher bails and higher sentences and, thus, are seemingly more likely to impose them. The DA's office also allocates a lot more resources to prosecutions in Superior Court in general. Hope this helps and good luck.See question
My father died October of 2015. His girlfriend of almost 10 years continued to live at his house until January of 2016 when she moved out. Since then my father's house has been destroyed. A lot of my father's belongings have been taken by her and ...
I am regularly hired to help someone like yourself file a complaint with the clerk's office or to get the police to investigate offenses that police avoid believing that they are someone civil disputes. You are entitled to bring a complaint for a number of potential offenses but may need to do some research or seek advice as to charges and what to put in the complaint. There may be a hearing by the clerk to determine probable cause which is like a mini-trial. This is commonly referred to as a show-cause hearing. In the District Court, the clerk takes the place of the Grand Jury in making sure that there is probable cause as to each and every one of the element of each offense being charged. This can be a little complicated especially if the defendant appears and testifies, as you may be able to conduct a cross-examination.See question
Got arrested for misused credit card and larceny. It's been over a year now and I'm going to trail soon , i was caught with a skimmer device containing info that they couldn't get until recently when they send the device to California. Now the d...
You should talk to your lawyer about the risks and rewards of a trial. Typically, these charges are indictable in Federal Court, so make sure that you understand the jeopardy that you may put yourself in when taking a plea.See question
I was at a supermarket and self scanned items for a different price. Very stupid. It was less than 250. Approx $190 is the difference for what I should have paid vs actually paid. It was food shampoo diapers, baby wipes, stuff like that. Police an...
The show-cause hearing is conducted by a clerk magistrate to decided whether or not there is probable cause to issue charges in the District Court; much in the same way that the Grand Jury performs this function in Superior Court. It is a mini-trial in which hearsay is admissible. You are allowed to bring witnesses. Many times the police department will only bring the court officer assigned to that courthouse and not the investigating officer or any other witnesses. The Clerk has several options at their disposal and can even decide to not bring criminal charges even if the clerk makes a finding that there is probable cause. I suggest that you consult with a criminal defense attorney about the specifics of your case.See question
Was pulled over with plates scanner according to officer my plate pinged no insurance/registration revoked; car towed, given a summons; they tell me to get insurance and go see them to get plates back. What will happen in court?
As long as you did not make an admission as to no insurance, it is largely never fully prosecuted in Mass. as the District Attorney would have to subpoena proof from every auto insurer in the state to prove the negative ... ie., that you did not have insurance. If you get everything in place, it is usually dismissed upon payment of a fine if you have no record. I am not however familiar with your court. You should therefore consult an a criminal defense attorney in your area.See question
My friend in MA is going through this problem, she and her husband are Indians and got married in India 10 years ago. They have 2 kids who were born in U.S. For the last one year, husband has extramarital affair with an American unmarried woman wh...
As indicated, your friend needs to contact a family law attorney that specializes in divorce as soon as possible. There are issues with where the children are domiciled (I do not practice in this area, but I believe that 6 months does it in Mass.) which will determine whether or not a divorce is properly filed in India or the US.See question
My friends and I bought something off our friend and paid her for it. The next day she said no "I don't need any money for it" and gave us back the money. We left the money on the table on my friends side of the room and we left for about 2 hours,...
I would need more information. For instance, it may depend what you bought, as to whether or not a bill of sale or other contract is needed. Otherwise, the two of you would be able to testify that you made the payment and that it was gifted instead. You would want to write down the details so that they are not lost. If you could get the seller to give you a writing confirm that she gave it to you without payment, that would be best but it sounds like there may be an issue obtaining this now. If charges are filed, please feel free to contact me.See question
We have access to your criminal CORI for a $25 fee. It takes a day or two for a response. Upon review, I would be able to determine what if anything on your criminal record could be sealed. Please call me if you would like to discuss. I am in Springfield.See question