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William M. Driscoll

William Driscoll’s Answers

71 total


  • What can I do at this point? Will I go to prison?

    I am accused of vandalizing my apartment elevator door 10 weeks ago, and threatening to harm my apartment manager through the vandalism. The cost is over $250 which makes it a felony. I have a clerk hearing in 3 weeks. I called the detective assig...

    William’s Answer

    That is why we have criminal defense lawyers. Whether the video can be admitted at trial is a question of evidence. Why are you talking with others and providing information that can be used against you at trial without first obtaining legal advice? Why have you not sought out an attorney to represent you? If you were arraigned and did not qualify for a court appointed attorney then hire one immediately.

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  • In a divorce proceeding, what form do I file to appeal a decision or at least ask for more time to comply with a ruling?

    My wife's attorney filed a motion for allowance of counsel and expert fees. We went to court on 8/10 and judge said she'd make a decision and mail it out. I never got anything in the mail. Today I got an email from my wife's attorney saying I o...

    William’s Answer

    There is more to this than you are seeing. Contact a family law attorney; there are plenty in Worcester. There are standards as to whether one is in contempt. There is also an extremely short period of time in which to file post-decision motions in the trial court. As for an appeal, speak with an appellate attorney immediately as there are deadlines by which a properly drafted notice of appeal must be filed. In short, obtain the advice of an attorney when you have legal problems.

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  • How do I proceed with a perjury complaint against my business partner and his lawyer?

    We had a trial in Feb 2014 with the decision on 11/4//2014. I lost on all counts. My partner with held vital information from his expert CPA. Her opinion was against me for this reason. This was the whole case. The court ignored all of my testimo...

    William’s Answer

    The prior two answers should provide you with incentive to act *immediately* to seek the advice of a qualified appeals attorney to see what--if any--options you may still have available to you.

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  • How do I now appeal again? I want the judge recused as well.

    I had to represent myself in my divorce. Appealed final divorce judgement. Judge threw out appeal without proper notice..and now has vacated her motion to dismiss my appeal. Now where do i re-begin again? thank you in advance. I reside in the l...

    William’s Answer

    Contact/hire an appeal attorney. The rules of appellate procedure are strict and often unforgiving. The argument on appeal is unlike anything you experienced in the trial court.

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  • Plaintiff responded with a statement in opposition, what can I file to respond to their response as Pro Se? Thank you.

    Plaintiff filed for a contempt on child support, judge found defendant guilty because defendant would not fill out financial statement. However, the defendant was not in contempt and filed a relief from judgement and provided a years worth of acco...

    William’s Answer

    Have you considered hiring an appellate attorney to determine your rights and obligations after final judgment?

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  • How do I file a petition for a "writ of certiorari"?

    A district court has dismissed my appeal based on lack of jurisdiction and I wish to appeal to the supreme court on a civil matter.

    William’s Answer

    You do not provide enough information so that the question can be adequately answered. From what are you appealing (i.e., specifically which court and subject of the decision from which you seek to appeal). For example, are you appealing an administrative decision of regarding Social Security Disability to a federal District court? Are you seeking to appeal a restraining order (209A) or harassment issued by the state district court? Do you seek to appeal a personal injury case? Given the content of your question, you very likely require representation by an attorney.

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  • What are my options for fighting "abuse of discretion" from a divorce judgement?

    What type of Attorney should I consult with? The judge clearly abused his discretion according to every professional I have spoken with. He also made huge errors in my income, claiming I made much more than I did. He did not split assets fairly at...

    William’s Answer

    If you seek to appeal a divorce judgment then you should seek the advice of an appellate attorney. The standard of review on appeal is key. An appellate attorney can define viable issues for appeal and the standard of review for each. You must understand that an appeal is not a new trial; there is no new evidence on appeal. If the need be then you have the opportunity to file post-judgment motions in the trial court. An appeal assesses whether the trial court proceedings were properly handled, whether the findings were justified based upon the evidence presented at trial, and whether the judgment is properly supported by the findings. Post-judgment and appellate matters are very procedure driven and very time-sensitive!

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  • What is the process to appeal a Decision on a Complaint for Modification?

    The judge cited factually incorrect reasons for considerably reducing my child support and alimony....such as citing I pay $3,000 per month for rent....I don't....I pay $2,000 for a three bedroom which is a reasonable rent. Also cited I was unwi...

    William’s Answer

    You have thirty days from the docketing date of the judgment to file a notice of appeal as a matter of right. The critical thing here is the docket date of the judgment. Contact the clerk of the court to determine the docketing date. If you miss the thirty day deadline then you can seek permission to seek appeal, but you must received the permission of the court to do so.
    The docket date is also important for the filing of post-judgment motions. Several critical post-judgment motions must be filed within ten days of the docket date of the judgment. Others may be filed thereafter; however, the early post-judgment motions are often the most critical.
    You state that you have ordered the audio but do not state whether you ordered the entire trial and if any prior hearing dates were relevant to appeal. There is more to do! The rules of appellate procedure are strict and often unforgiving. You may have represented yourself at the trial court level, but doing so at the appellate level is typically a poor choice. Contact a Massachusetts Appeals Attorney for representation!

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  • In MA, does filing a responsive pleading in a case submit to jurisdiction/service?

    I am in a case where the defendant claims they do not have a regular place of business where I know they do, and they are challenging service made at that address. They have just personally/pro se filed a responsive pleading in the case though, ch...

    William’s Answer

    You seek legal advice on an issue where the answer can turn on slight variance in the facts. Hire an attorney to review all of the facts so as to properly opine on what you perceive to be the issue (and any others that may be present).

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  • Are trail court transcripts needed for petition for INTERLOCUTORY review of judgment of divorce nisi?

    Please answer yes or no, thanks!

    William’s Answer

    No. Because an interlocutory appeal must be filed within 30 days of the docket date of the decision being appealed there simply is not time to get the audio transcribed to written form. With that said, interlocutory appeal is the rare exception the ban against piecemeal appeals. You should contact an appeals attorney.

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