I rented a ryder truck for my company about 2 or three months ago when i did the rep i signed the truck out with had taken a 540 deposit and said the agreement would show 3 days so the deposit will be lower and that as long as I paid upon return. ...
This offense is a felony and carries stiff penalties and a lengthy loss of your driver's license. If you have a CDL and drive for a living you cannot afford to have this on your driver record. Follow the advice of the other lawyers and get yourself a good criminal lawyer. The state has to prove that you had an intent to steal the truck or an intent to never pay the rental fee. It sounds as if you are innocent. Don't put any more facts of the case out here on AVVO. There are many good criminal lawyers in the Lowell Area here on AVVO. Get one.See question
My girlfriend and i were recently given a ticket for having an open container of marijuana in the car. She had it next to her lap on the passenger side. I was given an OUI exam because of it and I passed which is no surprise because I do not smoke...
The statute reads as follows: " (d) Possession of marijuana in motor vehicles. No person shall, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, possess an open container of marijuana or marijuana products in the passenger area of any motor vehicle. A person who violates this subjection shall be punished by a civil penalty of not more than $500. For purposes of this section, "open container'' shall mean that the package containing marijuana or marijuana products has its seal broken or from which the contents have been partially removed or consumed and "passenger area'' shall mean the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or passenger while in a seated position; provided however that the passenger area shall not include a motor vehicle's trunk, locked glove compartment or the living quarters of a house coach or house trailer, or if a motor vehicle is not equipped with a trunk, the area behind the last upright seat or an area not normally occupied by the driver or passenger." The state has to prove that you possessed the open container. To prove this offense the state must prove the following: (1) there was marijuana, (2) the marijuana was in an open container, (3) the container was in the passenger area of the motor vehicle, (4) the vehicle was on a public way, and (5) that YOU possessed the container. To prove possession the state must prove (1) that you knew the marijuana was present in the open container and that you knew the open container was in the vehicle, (2) that you had the ability to exercise control over the container - either directly or through another person, and (3) that you had the intention to exercise control over the container. Merely being present in the car even if you knew the marijuana was in the open container is not enough. Nor is possession proved simply because you were associated with the girl who had the container. To show that you possessed the open container, there must be evidence justifying a conclusion that YOU and knowledge of the marijuana in the open container coupled with the ability and the INTENTION to exercise control over the container with the marijuana. Only then may you be considered to have possessed the open container. If it was never your intention to possess the container then you are innocent. YES, you can appeal the ticket and you should if you are innocent.See question
My ex left his handwritten notes in a book in my house. I now have the receipt with the date of purchase proving his presence in my house. I would ideally like an attorney to call him and settle my losses for the cash value of the stolen propert...
You could hire a lawyer to make a civil demand on your ex to pay you for the property you allege he stole from you. If he refuses to pay you could sue him in civil court for the value of the property you allege he stole. You could sue him directly yourself in small claims court without a lawyer. The burden of proof would be on your to prove by a preponderance of the evidence (i.e. more likely than not) that he took your property without authority. You would also have the burden of establishing the value of the property.See question
Cancelled ,he drove the car without my knowledge and permission,just received criminal citation,
What offense were you cited for? You should request a hearing right away. If you were cited for a criminal offense turn the citation over and fill out the very bottom to request a hearing. Then hand carry the citation to the courthouse and hand deliver it to the clerk magistrate's office. You have four days to do this. Make a copy of the front and back of the citation for your records. Any good criminal lawyer can explain the process to you.See question
I'm a stay at home mom with two young boys with autism multiple medical issues. We have a very strong case but if I happen to be found guilty of operating under the influence 3 what are the chances the charge would give me a stay of execution of o...
In many oui3 cases many judges will not grant a stay of sentence. You should have all your supports in place for that day. The concern is that if the judge lets you go home that you will drive and kill someone and the judge will end up on the front page of the newspaper. Be prepared to begin your sentence that daySee question
Part of my probation is to submit to drug testing I just graduated from New England Truck and Tractor School and it's hard to get a job because of drug testing hours if there's a way to have my probation modify
You should have an attorney prepare and file a Motion To Amend Conditions of Probation. The Motion can be presented to the Judge and the Judge can change or even eliminate the drug testing requirement. You or your attorney should discuss this with your probation officer first. You have to be able to specify exactly what it is about the drug testing hours that is interfering with your getting a job. Any good criminal lawyer can perform this service for you.See question
I had a contractor doing work at my house. I found out that he used my credit card to buy things that I didn't approve of $350 worth. When I approached him about it he told me he will take it off my bill at the end. I was really upset but just wan...
"I will go get my handgun and then you will leave". In my opinion those words do not amount to an assault. Massachusetts law defines the crime of "Threat to Commit a Crime" as follows:
In order to prove the defendant guilty of threat to commit a crime, the Commonwealth
must prove four things beyond a reasonable doubt:
First: That the defendant expressed an intent to injure a person, or
property of another, now or in the future;
Second: That the defendant intended that his (her) threat be conveyed
to a particular person;
Third: That the injury that was threatened, if carried out, would
constitute a crime; and
Fourth: That the defendant made the threat under circumstances which
could reasonably have caused the person to whom it was conveyed to fear
that the defendant had both the intention and the ability to carry out the threat.
Those are the elements of the crime of Threat. Your words may or may not be construed as expressing an intent to get your gun and shoot him if he does not leave the property. Next time don't mention your gun. By the way, if this incident is reported to the police, the police may try to take your LTC or FID card away.See question
I got a CWOF on my case. However now I have to do a risk assessment per the court's order. I'm wondering if I get a high risk on this assessment, even if I haven't done anything can my probation end and I get put back in jail.
The short answer to your exact question is NO. When your case was continued without a finding you were placed on probation. The Judge and you both signed a form called an ORDER OF PROBATION CONDITIONS. It is a blue sheet and it has listed on it all the terms and conditions of your probation. As long as you obey all the terms and conditions of your probation then your probation (and your continuance without a finding) cannot be revoked.See question
There are many public beaches that don't seem to be owned. Can I take some pebbles from them or is it illegal to do so? Thanks!
Public beaches are owned either by the state or a municipality. If you take something from the beach that is a theft.See question
Son was arrested in oct 2014 charged with feliny in district court, in april said he was being indicted, went to superior court after that woburn then it was bounced to superior in lowell mass. Went to trial in oct 2017. Isnt there a time line ?
Rule 36(b)(1)(c) of the Massachusetts Rules of Criminal Procedure provides in part that "a defendant shall be tried within twelve months after the return day in the court in which the case is awaiting trial". The return day is usually the arraignment date. Rule 36(b)(2) contains a long list of periods of time that are excluded from the twelve month calculation. Your son's attorney will know the details of why your son's case has been continued so long and whether or not your son is entitled to a dismissal.See question