I got lost n ran out of gas so I pulled over on a woodsy road in the breakdown lane.Waited about 1 hour till someone stopped n said he would bring me gas but it would be another 45 minutes so I said ok.Then the state troopers drive over n asked wh...
Being charged with an OUI is different than being convicted for OUI. OUI requires the prosecution to prove three things beyond a reasonable doubt: operation, public way and impairment. Sitting in a parked car that is not running and with the keys not in the ignition is not operation. Whether or not the state troopers put in the report that the keys were not in the ignition, or whether they will testify at trial that the keys were not in the ignition is another important question. Hire an attorney to make sure your defense is handled properly.
In the process of a divorce for over a year. My wife had taken out a restraining order last year and it was denied by the Judge when she requested it be renewed a few weeks ago. She now obtained a harassment protection order based on "to much comm...
A common misunderstanding about harassment and restraining orders is that they somehow restrain the person who sought the order (the Plaintiff) in the same way that they restrain the person who is the subject of the order (the Defendant). If your ex has an order against you, you are prohibited from contacting her, but she is in no way prohibited from contacting you. Her contacting you is not a violation of the order, as the order doesn't prohibit her from doing anything, it only prohibits you from doing something.
It is, however, a relevant fact if the holder of a harassment or restraining order does contact the Defendant. It is relevant because it supports the argument that the Plaintiff is not in fear of the Defendant, and therefor the order should be vacated. The most direct avenue in your case is not an appeal to a higher court, asking that it overturn the lower court judge's decision to grant the order, but rather a motion to vacate the order filed in the court that issued the order in the first place. Once the motion to vacate is filed and served on the other party (your ex), the court can schedule a hearing on the motion to vacate. The motion to vacate must comply with court rules on procedure and form. At the hearing on the motion, your lawyer can argue to the judge the reasons why the motion should be allowed.
You should retain an attorney to assist you in the motion to vacate. It is likely that your wife will have her attorney present for the motion hearing and you need to go into the hearing with your own lawyer.
Best of luck,
Son & family were staying with me temporarily Problems occured & I filed a restraining order against him He got a lawyer & the restraining order was dropped The judge told me to work with the lawyer to allow them access to get their belongings....
The fact that he owes you money does not allow you to hold onto his personal belongings over his objection. This is true whether or not there is an active restraining order in place. By refusing to give him his property, you put yourself at risk of being charged with the crime of larceny, which can be a felony if the value of the property is over $250.
Dominic PangSee question
I borrow 50 from my ex befor we broke up I pay her back then call my mom and said I owe her 100 is that exstrorune
Perhaps you meant to ask if what your ex did was "extortion"? Extortion is the act of obtaining money through the use of force or threats. For example, if someone threatens to burn down your house unless you pay them money, then they are extorting you.
If your ex simply lied to your mother as to how much money you owed her, without threatening or using force, then it's not extortion. What your ex did may amount to fraud, which is a crime. The elements of fraud are: (1) a false statement of a material fact,(2) knowledge on the part of the defendant that the statement is untrue, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result. You can report the fraud to the police ask ask that they seek criminal charges against the ex.
My 15 year old daughter is dating a 19 year old man is it illegal
You can file a CRA (Child Requiring Assistance) petition with the Juvenile Court that services your town. Brockton has a Juvenile Court. The theory which you would use in your CRA petition is a "Stubborn Child" theory. That is, your child, "fails to obey the lawful and reasonable commands of the parent, legal guardian, or custodian which interferes with his or her ability to care for the child".
Here is a link to the Mass.gov website section on CRAs:
If the 19 year-old is engaging in sex acts with the 15 year0old, you could report the acts to the police, who can charge the 19 year-old with statutory rape. The age of consent in Massachusetts is 16 years old, and persons who are less than 16 years old are deemed legally unable to consent to sex, even if they actually do consent it to.See question
Its been 6 months court has no DNA to prove sweater or gun belongs to defendant yet he sits in prison waiting
Don't assume that the state needs to lift DNA off the gun and the sweater to try the defendant on the charge. In many cases, there is no DNA evidence offered by the state tat trial. The state might have other evidence linking the defendant to the crime, such as eyewitnesses who say the defendant did it, admissions from the defendant that he committed the crime, videotape of the defendant committing the crime, and/or police officer observations that support the claim that the defendant committed the crime. The absence of DNA evidence is possibly a useful defense argument that the defendant did not commit the crime(s) charged, but the presence of DNA is by no means required to charge and try the defendant.
Could I be sewed or arrested or fined, etc.
You can't get in trouble for giving your friend a condom and he subsequently get a girl pregnant.See question
I was caught shoplifting in November, the cops were called because I had the clothes on underneath. The theft was less than $50. I was not arrested, but the officer did ask me questions like where I lived. The LP took a picture and took fingerprin...
Are you sure the CORI was even sealed? While there is no waiting period to seal a non-conviction, sealing of a misdemeanor non-conviction prior to 5 years from the dismissal requires an in-court petition pursuant to G.L. ch. 276, s. 100C. The mail-in petition to seal you used is a petition under s.100A. 100A petitions are used for 1) convictions older than 5/10 years (for misdemeanors and felonies, respectively) and for non-convictions older than 5/10 years. In cases where a 100A petition is the appropriate sealing method, it usually takes 60-90 days for the petition to be allowed.
What your attorney told you about most employers not being able to see non-convictions was mostly true. If an employer with so-called Standard Access to CORI asks the Department of Criminal Justice Information Systems (DCJIS) to see your CORI, DCJIS won't return a non-conviction. However, this is NOT the same as there being no record of your charge that an employer can find. A background check usually covers more than simply requesting a CORI from DCJIS. A background check involves checking courthouse records, the internet, and proprietary databases of criminal record information, just to name a few sources. If your record wasn't actually sealed, then the courthouse records remain open for any member of the general public to see, even though the charge resulted in a non-conviction.
Once a record is sealed, the response given by DCJIS will be, "No available CORI". DCJIS will not say you have a sealed CORI, as this would only invite speculation as to what is behind the seal.
I suspect that your mail-in petition will be rejected, because you have not met the criteria for sealing under 100A. You will need to file an in-court petition under 100C and convince a judge that your situation meets the statutory and case law tests for sealing. A 100C petition is better done with the assistance of an experienced sealing attorney.
Best of luck,
Recently I was charged with larceny over 250 case. I am looking to hire a private lawyer but one who is willing to fight for me. I don't not want to be represented by a public defender because I do not feel that I will be represented to the fulles...
Check the ratings, client reviews and peer endorsements of attorneys on this site. Many will take installment payments. Contact someone who you feel comfortable with to discuss your legal options, strategies and defenses.
My 24 year old son made scratch marks in the elevator of my apartment building. The elevator security camera recorded him, although we haven't seen the footage. He is a dean's list college student with a clean legal record. He also has been diagno...
The good news is that your son has been afforded an opportunity to defend his case at a clerk's hearing, despite being accused of a felony. A person accused of a felony is not guaranteed a clerk's hearing before being formally charged, so the fact that you son has a clerk's hearing, instead of an arraignment, is a good sign.
The autism and the alibi evidence should be presented at the clerk's hearing. If the alibi pertains to the threats charge, that may be enough to convince the magistrate that there is not probable cause. Of course, threats can be conveyed electronically, so a person's physical presence elsewhere is not an ironclad defense. The autism diagnosis might be enough to convince a magistrate not to issue a complaint for malicious destruction of property, despite there being a video tape, but other factors such as your son's lack of criminal history, good grades and ability to pay for what was damaged should also be stressed.
Your son should definitely be represented by an experienced criminal defense attorney at the clerk's hearing, so as to maximize his chances stopping the proceeding at the clerk's level. Unfortunately, a person does not have the right to a court-appointed attorney at a clerk's hearing. He will have to hire his own lawyer for the clerk's hearing. The lawyer should be hired as soon as possible, so that he may start reviewing the evidence and coming up with a plan to keep the matter from going beyond a clerk's hearing, as soon as possible.
At the very least, your son should contact an attorney for a consultation. Many attorneys offer free consultations.
Best of luck,