This week our septic system caused us to leave our home until it is fixed. We are staying in an apartment our landlord arranged. My husband ex has come to our house twice and I've asked her to leave each time. There's no trespassing signs posted...
The facts you describe are likely a trespassing, which occurs when someone enters or remains in or upon
the dwelling house of another, after having been forbidden to do so by the person who has lawful control of the premises, whether directly or by notice posted thereon. You told her not to come to the house, and she did so anyway. That is trespassing.
The police may choose to charge her with breaking and entering, in addition to or instead of trespassing. Police sometimes charge a more serious crime in order to give the district attorney's office more leverage over a defendant. The way this works is that the person charged with the B&E is offered a plea that includes a reduction of the B&E charge to a lesser charge. A true B&E requires 1) a breaking (opening an unlocked door is enough), 2) an entry and 3) the intent to commit a felony or a misdemeanor therein. A defense to the B&E charge on the facts you describe is that the ex lacked the intent to commit a felony or a misdemeanor inside the house. Accordingly, I do not see your case as a B&E, but as I previously stated, the police might charge the ex with a B&E anyway.
The ex can be arrested by the police, but the more likely scenario is that she is summonsed to appear to court, either for an arraignment or for a clerk magistrate's hearing. To prevent her from coming to your house again, you should notify her in writing via registered mail that she is not allowed on the property and you should notify the police that you have so informed her. That way, should she come over again, the police are more likely to arrest her. Install a security camera as well so that you have stronger evidence that she was trespassing should she come over again.
Your husband could seek a 209A restraining order against her if he can convince a judge that she has "abused" him ( which is defined as (a) attempting to cause or causing physical harm; (b) placing another in fear of imminent serious physical harm; (c) causing another to engage involuntarily in sexual relations by force, threat or duress), or you could seek a 258E harassment prevention order if you can show that she "harassed" you (which is defined as 3 or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that does in fact cause fear, intimidation, abuse or damage to property). While the issuance of a 209A or 258E order is a civil order against the ex, if she were to violate either type of order, she would be charged criminally with violating the order.
Got 18months probation back in 2002. move to tx never had an issue getting a job until recently. Had a fire 3yrs ago dont have papers.
It is not uncommon for the CORI to be inaccurate. It is a simple matter to correct, however, The Office of the Commissioner of Probation (OCP) maintains the CORI record and a letter to OCP with certified copies of the court docket sheet showing that the charge was reduced to a misdemeanor is all that is required for OCP to correct the CORI entry to reflect that the charge was a misdemeanor and not a felony. While the CORI is being corrected, you should consider sealing the CORI as well as enough time has passed to seal the CORI without a court hearing, assuming you haven't had any other criminal convictions in the last 10 years.
Dominic PangSee question
If the answer is yes, does it matter? Will service center ask for court-certified documents? Thanks!
If you weren't convicted or the equivalent (i.e. CWOF) then it will not hurt you in a green card renewal. The arrest itself will show in the state police and FBI arrest databases, and the federal government can see the charge itself on your CORI even though it did not result in a conviction. It is best to have certified copies of the court docket to show the immigration official that the charge did not result in a conviction.See question
If it is is kissing illegal.
16 on 14 and 17 on 15 is illegal. You could be charged with rape of a child, even if the other party actually consented to the sexual activity, as a person is deemed legally incapable of consenting to sex until age 16.See question
I'm an escort one night I met up with someone I touched him we did what we did and he gave me my money and after proceed to tell me he was a cop , and he could have arrested me and now I won't answer he's saying he traced my ip address and is gonn...
This sounds like a scam to me. A police officer is not going to testify that he committed a crime (paying an escort for sex), in order to convict said escort for prostitution. He would be fired and/or charged with a crime himself. Change your number, save any correspondence (emails, texts, instant messages etc) you get from this person in case he decides to make trouble for you later on. Good luck.
Dominic PangSee question
Long story short I plead guilty to felony larceny back in 2008. This felony charge although 8 years ago is keeping me from advancing in life. Is there a way to reduce the felony to a misdemeanor 8 years later? If so how?
You would have to file a motion to vacate the plea, and ask the court to give you a new trial. This is usually no easy task to accomplish, as you must convince the judge reviewing your motion that you were deprived of a legal right when you plead guilty. Common grounds for vacating a plea include a defective plea colloquy by the judge or ineffective assistance of counsel during the course of your case. There may be other grounds available in your case to vacate the plea. Talk to an attorney who handles post-conviction relief to assess the merits, if any, of a motion to vacate.
Another option, as stated by the other attorneys, is to look into getting your CORI sealed. Even if the charge you wrote about isn't eligible for sealing (because it has been 10 years since the conviction), perhaps there are other charges on your CORI that can be sealed. Fewer charges appearing on a CORI is always better. I would suggest that you have an attorney review your CORI and the related court files to make sure that 1) you were actually convicted and 2) that the crime was actually a felony. If the answer is "No" the either of the two inquiries, then you may be able to seal sooner, perhaps immmediately.
Best of luck,
I was caught shoplifting. I exited the store, was followed by security and apprehended by police. I was immediately arrested, charged with the crime and brought to court (all in a matter of 2 hours). The judge asked if I wanted to take care o...
This charge probably appears on your CORI. If you were arraigned on the charge, then the charge appears on your CORI, even though it was dismissed the same day. Only if the charge was "dismissed prior to arraignment" will it not appear on your CORI. You should also know that if you were arrested, then your fingerprints are in the state and federal fingerprint databases, which is another source of criminal record information that might harm you in the future.
As Attorney Owens has suggested, you should pull a copy of your CORI through the state's iCORI system to check for yourself if this charge appears there. The cost is $25. If the charge appears on there, you should seal the CORI, as sealing has the effect of not only making the CORI inaccessible to most requesting entities, but it also causes the courthouse files to become not a public record as well. Depending on how long ago the dismissal occurred, you may have more than one way to seal the CORI.
Best of luck,
Me and my boyfriend have been dating for 9 months now and my mom doesn't like that he's 3 years older then me but I think it is perfectly fine because i see so many couples start dating freshman while there seniors in high school and I have asked ...
A 16 year-old dating a 19 year-old is not illegal. A 16 year-old in Massachusetts can even consent to having sex with a 19 year-old and it would not be statutory rape, as 16 is the age of consent in MA. There is still a rarely enforced law on the books in MA that makes it a crime to induce someone under the age of 18 to an "unchaste" life, but I've never actually seen anyone charged with this crime, probably because it would be extremely difficult for a prosecutor to prove that the person under 18 years-old was "chaste" before the other person induced her/him to become "unchaste".
While you say there is nothing sexual going on, one day there may be something sexual going on. While the person over 16 can consent to sexual acts, the same 16 year old should not be sending out nude photographs, as doing so can expose the receiver of said nudes to a possession of child pornography charge and the send of said nudes to a dissemination of child pornography charge.
Dominic PangSee question
My ex girlfriend went to the police and accused me of sexually touching her without her consent (indecent assault and battery on person over 14) - this is a he-said she-said case with no evidence. Since then I have been to district court twice and...
It is entirely possible that the DA's office might dismiss the charge in the Superior Court if the alleged victim is not cooperating with their office, as she is an essential witness in the DA's case against you and they cannot proceed to trial without her testifying at trial. You should note that while you are required to appear at all the court dates (unless your presence is excused by the court), the alleged victim/witness in your case does not have to appear at the pretrial dates. The only time the alleged victim needs to appear in court is on the day of trial.
However, it is highly unlikely that the DA would then turn around and charge her with a crime for lying to them about "something small". Alleged victim's of crimes refuse to cooperate with the DA all the time. While the DA's office often tries to convince them to testify against the defendant, there usually are no criminal repercussions for an alleged victim who fails to testify against the defendant.
Best of luck,
Dominic PangSee question
My ex visited my employment (hospital) possibly while needing medical attention. Repetitively kept yelling obscenities and degrading me. What can I do to stop this type of behavior. I need my job!
As you were in a relationship with the ex, you may be able to get a 209A restraining order as an alternative to a 258E harassment prevention order. The terms of the order can include a "no contact" provision, and/or a "no abuse" provision. If you had a restraining order with a both provisions, it would not be a violation of the order if he for a legitimate medical reason, but it would be a violation of the order if while at the hospital, he abused you.
To get a 209A restraining order, you will need to show that he "abused" you, as that term is defined by the statute:
''Abuse'', the occurrence of one or more of the following acts between family or household members:
(a) attempting to cause or causing physical harm;
(b) placing another in fear of imminent serious physical harm;
(c) causing another to engage involuntarily in sexual relations by force, threat or duress.
To get a 258E harassment prevention order, you will have to show that he "harassed" you, as that term is defined by the statute:
''Harassment'', (i) 3 or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that does in fact cause fear, intimidation, abuse or damage to property; or (ii) an act that: (A) by force, threat or duress causes another to involuntarily engage in sexual relations; or (B) constitutes a violation of section 13B, 13F, 13H, 22, 22A, 23, 24, 24B, 26C, 43 or 43A of chapter 265 or section 3 of chapter 272.
You can also ask the hospital to issue a no trespass order on the ex, and to have security present the next time he comes in while you are also present.See question