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Gregory Casale
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Gregory Casale’s Answers

381 total


  • Can someone who has 18 be with someone who has 16?

    I am 17 but I'll be 18 in 8 months and I'm with someone that is 16. Are there any laws that protect the relationship?

    Gregory’s Answer

    In Massachusetts a person must be 16 or older to be legally able to consent to sex. Therefore, even if a person who is under 16 wants to have sex, it does not meet the statutory requirement in MA for consent and is therefore considered to be rape by statute. Thus,"Statutory Rape".

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  • If you are arrested and there is misinformation on the arrest report can the charges be thrown out?

    The police officers report was not correct. It stated that there were 3 m and 1 f. But in fact there were 4 m. They searched one and let him go bc he had an id that stated he was 18. He was only 16 and using his brothers id. They let him go but ...

    Gregory’s Answer

    All of the issues that you point to have nothing to do with your charge. The only thing that matters for the purpose of substantiating the charge is whether or not it recites facts sufficient to establish the elements of the charges aganst you. Whether there were 4 or 14 other individuals there or what happened to them really has no bearing on whether or not you committed the crime alleged. The report merely needs to establish probable cause for the charge(s) levied against you.

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  • Would I need representation?

    During a snow storm I was in an argument with someone and threw their cellphone. They never found the phone due to the snow and now I have a magistrate hearing for felony larceny. I have a clean record and do not want to ruin it over a cellphone. ...

    Gregory’s Answer

    Yes you should absolute have an attorney represent you. Anything you say at the Clerk's hearing could be used against you later if the Criminal complaint issues so you do not want to say anything that may later harm you. Additionally, your chances of success go up tremendously by having legal counsel at these hearings. Additionally, it is far less costly to retain an attorney for a Clerk's hearing than for the Larceny Over $250 charge that will likely issue if you are unsuccessful at this juncture. I could probably give you several more reasons but without bel aborting it, you should hire an experienced Criminal Defense Attorney to represent you at any Clerk's Hearing. Your's is no exception.

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  • If I wasn't seen driving and my breathalyzer is out of the case do I have a chance to fight?

    I'm accused of dui(3rd) last one was 10 years before, I was seen arguing with a guy that says I hit his car when the police arrived and arrested me for dui. If the breathalyzer is not allowed and police never witnessed me driving do I have a fight...

    Gregory’s Answer

    Without the BT, your chances of success at trial rise greatly. Regarding operation, even a person's own admission is insufficient to prove this crucial element of an OUI charge according to Commonwealth v. Leonard. There must be more than just an admission. However, circumstantial evidence can be used to establish that you were the driver. If the party that you were arguing with us able to testify that s/he saw you driving that would likely suffice. The most often contested element is impairment when there is no BT. I would need to see your police report to give you a better analysis of whether or not the case was triable. If it's your 3rd offense you really don't have much to lose by trying it. You are looking at a. In mandatory 150 days committed on a 3rd offense. If you don't already have an attorney you can contact me if you would like to discuss it in detail.

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  • Can i legally say I have never been arrested if it was expunged?

    Arrested for assault over 20 years ago, charges dropped, had it expunged about 4 years ago. I am applying for a LTC (LICENSE TO CARRY) a fire arm. Do I have to mention that in my application or will it not show?

    Gregory’s Answer

    If this case was in Massachusetts it is highly unlikely that it was expunged. The criteria for rxpungement in Massachusetts is extremely narrow it is far more likely that your record was sealed. You must answer questions truthfully therefore a question such as "Do you have a Massachusetts record (CORI) can honestly be answered no. Similarly, "Have you ever been convicted." may be answered in the negative if your charges were dismissed or Continued Without a Finding (CWOF) and then dismissed. Read the questions carefully ad answer truthfully. Even if your record was sealed in Massachusetts, law enforcement and the criminal justice system can see sealed records so be careful. I suggest you pull c copy of your CORI before you apply to see exactly what it says. If you are unsure, consult with an attorney.

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  • Is it possible to file a civil suit against my ex husband for abuse, contempt, and sexual assault 5 years after our divorce

    I was married for 16 yrs before separation. I was abused as well as my daughter. I was in fear for my life, got a restating order and was ordered to go to the court by a judge (via telephone) the next morning, she lifted the restraining order and ...

    Gregory’s Answer

    You certainly can file a civil suit. However, whether or not you will be successful is the real issue. Sexual assault is a criminal offense. If your ex is convicted criminally it will provide a stronger likelihood of success at the civil level since the criminal standard is so much harder to attain. You should seek the advice of private counsel.

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  • Do I have to provide my SSN to request removal from a background check website?

    After several unsuccessful e-mails to a background check website, I sent a friendly certified letter requesting removal of non-public information. After they received the letter, they contacted me by e-mail requesting a government issued ID and my...

    Gregory’s Answer

    You have no legal obligation to provide your social security number. Attorney Kuzma has provided a link that is a good source of information that you can read. Many seemingly legitimate web sites and emails are actually scams designed to get your private information. Be extremely careful.

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  • Do I need a lawyer when charged with assault with deadly weapon

    The assailant did not press charges yet I was charged in court. What should I do?

    Gregory’s Answer

    The saying goes that "a person who represents him or herself in criminal court, including an attorney, has a fool for a client."

    There are far too many pitfalls in the criminal court system for a lay person to navigate. There have serious consequences and should not be taken lightly. If you are required to be in the criminal court or asked to speak with police, you should speak to NO ONE until you first speak with an attorney.

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  • I am 22 and my ex is 19. Can I go to jail if I got her pregnant while I'm still married on paper but separate.

    She found out I was married before we started getting her pregnant then she wanted to get pregnant so we intentionally tried to have a baby. Now we're broken up and she keeps threatening to take me to court and out me on jail. She is 20 now but s...

    Gregory’s Answer

    As the other two attorneys have stated, although adultery is still a crime, in 18 years as a Criminal Defense attorney in Massachusetts I have never seen anyone charged with this crime.

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  • What happens

    OK my son stoled from target he told me that they caught him and brought him to the back room the guy told him I don't really make a big deal about 40 dollars (that's the amount he took) but had to take his information to send something in the mai...

    Gregory’s Answer

    The store may simply send a civil demand letter. However, they also may request that a criminal complaint issue. If he receives a summons for a Clerk's Hearing contact a lawyer. If a criminal complaint issues he could end up with a criminal record (CORI). Even though the maximum penalty for a 1st offense Shoplifting charge where the merchandise is under $100 is no more than a fine, having an entry in his permanent record could effect him adversely for employment, financial aid and even housing in some instances. Do not take this lightly. The fine will be the least of his worries. The CORI entry could haunt him for life.

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