I had a court date for a suspended license but since I took care of it the next day after my license was taken the woman at the hearing said the case was dismissed but I now have a criminal record. My question is if the case was dismissed why do I...
Unfortunately in Massachusetts once you are arraigned on a criminal charge it is entered into your permanent record. You can have a misdemeanor sealed after 5 years and a felony sealed after 10 years by filing an application to the Board of Probation. A judge can order it sealed sooner. I agree with you that it seems incredibly unfair that Dismissals and Not Guulty determinations remain on your permanent record but it is the legislature and not the courts that have determined this. Speak to a lawyer in your area about having your record sealed.See question
I threw a phone against the wall. She called cops. They arrested me. I was arraigned and released on bail. I was arrested in 2006 for a drug offense. I'm not on probation and I've never been arrested for domestic abuse. I have court soon. Wife ask...
Without specific information that you should NOT post online there is no way to predict the eventual outcome of your case. However, Domestic Assault & Battery is taken very seriously by Massachusetts courts. Taking away someone's cell phone can add Intimidation of a Witness and Maliscious Destruction of Personal Property charges as well. You should NEVER be without legal counsel in a criminal court. There are to many things that you can do to further harm yourself without ever realizing it. If you do not already have counsel, contact my office to discuss the specifics of your case. Do NOT post them online. There is no fee for a telephone consultation.See question
I was arrested for stealing 4 pairs of slippers at mall.I did it on a dare. I've never been in trouble before. I'm over 18. There's a magistrate hearing coming up. How can attorney assist me? Please help
While there is no guarantee, we have successfully been able to avoid criminal charges in the vast majority of situations similar to yours. You should have legal counsel any time you are dealing with the criminal justice system. The Clerk Magistrate has tremendous discretion as to whether or not they issue a criminal complaint. With good legal counsel you may avoid the charges. Do not post any additional facts anywhere and discuss this with no one but your attorney. If you don't already have an attorney contact my office.See question
I never been arrested before the person who had me arrested didnt want to go futher i missed the court date. Found out i had a warrant how do I go about clearing it without actually going into court and if so how much would it cost me
You really should hire a lawyer and then go to court with your lawyer to clear your warrant (s). Since you are in default the court may want to hold you. While there is no guarantee that they won't, appearing with your own lawyer gives you the best chance of not being held. As far as fee goes, it will depend on factors that you should not publish online. If you wish to discuss this in detain you can call my office.See question
Hey how are you I was wondering if you worked on oui cases and misdemeanors because I was falsely charged with an oui while standing outside of my house waiting for my girl friend to come home and a police officer came up to me accusing me of driv...
I certainly do DUI cases. In fact I do quite a few. There are three elements that must be proven beyond a reasonable doubt to be convicted of OUI (Operating Under the Influence)/DUI. They are:
1) Operation - that you were the operator of the vehicle;
2) Public Way - that you "operated the motor vehicle" on a Public Way; and
3) that your ability to operate the MV was impaired by the consumption of alcohol (or drugs)
0r that your blood alcohol level was .08% ir greater.
Even though the "legal" definition of "Operation is far broader than the dictionary definition and includes simply having the key in the ignition, it sounds like they cannot meet their burden of proof on this element. They may have other issues as well but I would need to obtain discovery before evaluation that. If you would like to discuss your case in detail you can reach me at (508) 752-7500. I would encourage you to visit my web site at www.lawworcester.com and read the evaluations of other clients. We do excellent work and I will let the client reviews speak for themselves.See question
Dear sirs Is it normal for Massachusetts to send via regular mail summons for arraignment? One month ago I had a verbal argument with my ex girlfriend and refused to leave her property. Before she called police on me I did leave her property. ...
Regular mail is sufficient legal service. You should hire an attorney as soon as possible. Do not take this likely. The prosecutor will take the charge very seriously and if you don't, you may very easily end up with a Guilty finding on your record.See question
I have been charged with an OUI DRUGS AND LEAVING THE SCENE FROM PROPERTY DAMAGES. The police didn't arrest me, I was taken to the hospital and a few days later received a criminal summons which I mailed back asking for a hearing. I was under a...
You should hire the best Criminal Defense lawyer that you can afford. OUI drug cases are often very triable cases, meaning they can be beat. That is by no means an analysis or prediction of your particular case. You need an experienced attorney who can evaluate your case and advise you as to how to best proceed to get the best outcome possible for you. As in sports, home field advantage does play a large roll in Criminal Defense. A lawyer who practices in the court in which you were charged will know the idiosyncrasies of the judge and prosecutors in that court. If you do not already have an attorney, you can call me at (508) 752-7500. The initial telephone consultation is free.See question
I was charged with larceny over 250 by a single scheme what is that and is it a felony
You should absolutely have a Criminal Attorney to represent you. This charge is a felony. A conviction could cause jail time, DNA sample to authorities and additional far reaching consequences that will follow you for life. If you do not already have an attorney you can contact me for a free consultation.See question
I was at a party with my boyfriend, it was all his friends and mostly people I didn't know. The police busted the party and told everyone there that they would be summoned to court for possession of alcohol under the age. I hadn't been drinking, t...
It would be hard to convict you in those facts. However, you should certainly hire a Criminal Defense Attorney if and when you receive the summons. It is not wise to be without an attorney in any criminal proceeding. The consequences will be with you for life.See question
I charged for assault, and because I defended my self and hit back, she charged back as soon as the police went to notify her of my charge. If my self defense reasoning goes through, would the affray stay on my record?
Once you are arraigned in court, the charge is on your record, for good. "Self defense" is a defense that you can assert at trial to attempt to be found Not Guilty. However, even if you are successful with that defense and are found "Not Guilty" your record will reflect that you were charged with Assault & Battery (I'm assuming that is what you were charged with) and that you were found "Not Guilty". What you really need to do is hire a qualified Criminal Defense lawyer to represent you. As you can see, the legal system is complicated and not conducive to people representing themselves. A judge expects each party to know all of this, as well as the rules of evidence and procedure and will not explain things to you or give you a break because you don't know.See question