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Michael P. Gerace
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Michael Gerace’s Answers

301 total


  • Can I file a law suit against this individual?

    I was wondering if I can file a case for deformation of character on a former athlete of mine. Three years ago a player of mine got angry over not receiving an award then quit the team. She then continued to post very untrue statements targeting m...

    Michael’s Answer

    You can sue this person for libel and defamation. Can you win? Can you get any money for it? I don't know. I would have to know more about the facts. There may also be easier ways around this--in terms of getting this person to stop. The threat of a suit in a cease an desist letter might work. I am not sure if a harassment prevention order would be allowed by the court, but it could be effective (facts permitting). Bu the suit idea is always possible. The issue is whether you can win it and recover. Good luck.

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  • Can I get a misdemeanor conviction of resisting arrest removed from my record?

    I am trying to acquire a gun license in NH. (Recently moved from MA) The resisting arrest is a misdemeanor punishable by more than 2 years so it is a disqualifier. I took the advise of a court appointed attorney and plead guilty without knowing th...

    Michael’s Answer

    First, in Mass resisting is a felony. It may be different in NH. Don't know. Second, to get this matter out of your life, you would have to overturn your guilty plea with a motion for new trial (along with all the pleadings that go with it). This requires a lot. At a minimum, you should be able to recover the transcript of the guilty plea--very important--then the file in the case, and the attorney's file (the on who helped you). You will have to find any and all issues of legal merit on why you should be allowed to vacate the guilty plea. This can happen. I have done a lot of these But it is not easy. Also, if you cannot get the transcript of the proceedings, then you have a much harder time at it. The only other way to get this conviction off your record would be a pardon from the governor--the longest possible shot. Sealing your record will not help, as law enforcement can always see sealed records. Think about whether the transcript is still available in the court where you pleaded guilty. Start there. Good luck.

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  • My criminal case (Financial) is on appeal, and part of the appeal is the restitution portion.

    I pled guilty to a "deal" after a "dummy" plea agreement. I was ordered to pay restitution. I filed an appeal, and part of the appeal is the restitution portion. I am in my first year of my supervised release. I am now working full time. I sent m...

    Michael’s Answer

    If you pleaded guilty, then there is no appeal. You might have filed a motion for new trial or a motion to correct a sentence which, if denied, you could then appeal. Second, your PO's position will depend on what the judge actually wrote as part of your probation conditions. If you believe that the 10% figure is too high and the judge did set that down, then you can try to modify your probation conditions. I would also try to find out if you are required by the judge to tell the management office about your SR status--probably not, but you might want to verify this. Last, you might want to try to cooperate with the PO because, if the PO comes to think you are not complying with probation conditions, he can hit you with a violation of probation.

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  • Need legal advice

    I had gotten arrested for shoplifting I Bailed out for $40 and went to court the first time it got continued the second time I went I was told to pay $250 for lawyer fee and said either $250 for punishment or 20 hours community service. I went to ...

    Michael’s Answer

    You might want to speak with a lawyer in the city where the issuing court is located. But it is usually best to get to that specific court and ask the clerk's office to bring the case forward so you can get before the judge. The goal is to clear the warrant without being held--which is why talking to a local lawyer may help you.

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  • How Do I Get Off Of Probation???

    I am paying restitution charges next week and i want off of probation. I can't do anything that i like to do. I am in constant panic for my life. The cops come by my house falsely accusing me of things i didn't do. I have severe anxiety and can't ...

    Michael’s Answer

    Once you are all paid on the restitution, you can get before the judge with a motion to terminate probation. It might also help if your probation officer is not opposed to the idea.

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  • My name is Audrey & I`m seriously in need of help w/ 2 cases. First is a homeless case,and the 2nd is a criminal law lawyer case

    the first is a case that a drug addict made a false police report in which my town police assaulted me,then had to go to court for 2yrs because he wasn`t showing up for the court dates,i had signed a no contact paper on him that same morn,theres m...

    Michael’s Answer

    On the land lord matter, you can file a small claims case against the land lord for not giving you the security deposit back or a notice of why he was keeping it 9within 30 days of you leaving the premises). If you win, you could get triple damages. On the other matter, it is unclear what you are getting at, but you can always call the police and ask them to make a report and./or bring charges against the person.

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  • Does house arrest while wearing a electric monitor count as jail time

    I was assigned to house arrest with a elec monitor while I awaited my hearing/trial

    Michael’s Answer

    That's been a contested question in the courts. The basic answer is no. Even if you are under house arrest and may not leave, except for medical or legal reasons, and even if you have an electronic monitor, it is not amendable to jail credits. Read Commonwealth v. Morasse, 446 Mass. 113 (2006).

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  • I am looking for a attorney that is willing to go after the massachusetts registry of motor vehicles for withholding my license

    On January 30 of 2015 i was in a motor vehicle accident,i was rear ended by a drunk driver whom died at the seen of accident.my license was revoked because of the fatality how ever if u rear end someone ur automatically 70% at faultthe pelimanary ...

    Michael’s Answer

    You may pursue administrative remedies here--appealing the RMV decision to revoke and, if that fails, you can e the superior court. If that fails, you can take it to the appeals court. All of this is very time consuming, but may be worth it for you. An attorney for this work will cost you a bit, though you are also free to do it yourself.

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  • Being accused of discrimination by potential renter. What type of attorney might I need?

    Potential renters are difficult, borderline harassed my parent by calling many times. We dont want to rent to them, what can we do? No lease was signed, no money was exchanged.

    Michael’s Answer

    First, you can just ignore them. They can try to file a discrimination suit--but it may go no where (I've seen them fail many times). Second, if they keep harassing, you can call the police and tell them about the harassment--if bad enough, the police might agree and bring a criminal charge for harassment against them. Third, if it is bad enough with at least 3 real instances, you might also consider a civil remedy of a harassment prevention order (under G.L. 258E). If the potential renters really have a colorable claim of discrimination, however, you might fail in any of these legal actions because punitive legal action against what might be a rightful claim involving someone's legal rights is against public policy.

    If these people are doing nothing but mouthing off at you, it might be best to just ignore them until they take some action that is either legal (where you may need to respond) or unlawful (where you should call the police or seek a 258E against them. Good luck.

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  • Is the violation of a 209A order in Massachusetts a Criminal Contempt or a Civil Contempt? It's not a Misdemeanor or a Felony.

    Everyone says a 209A is a Civil court order with criminal penalty. But it's not a law. 209A it a Civil Order with the penalty not listed as a Felony or Misdemeanor. Therefore the penalty for the violation of a 209A order must be a Civil Contemp...

    Michael’s Answer

    While the issuance of a 209A is a civil matter, the violation of the order is a criminal matter that does allow for incarceration. If a violation is alleged, police will generally try to arrest you ad then a criminal complaint will issue. The you will have to deal with the criminal complaint in the district court (usually). So, though a 209A order is civil, violating the judge's order to stay away/no contact is criminal. Good luck.

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