I was served with a restraining order and I had my grandfather at my house they came by 2 times in hours apart and tried to serve me but I have been away my grandfather had it at my house but can re keep coming till I'm there ?
The police can attempt service multiple times. There is not a limit to the number of attempts that they can make. You say that you were served with a restraining order. Does that mean that the police came by an attempted to serve the order, but you were not there, but they eventually managed to serve the order to you at a time you were there? If you were eventually served, regardless of how many time they tried to serve you, the fact that the police tried to serve you will not be a defense to a violation of the order unless the alleged violation occurred prior to your being served. The multiple attempts at service do not invalidate an order.See question
I crossed the border 12 years ago, got caught by the CBP and got a letter to see a judge hearing but I never went to the hearing. Now I am married with a US citizen and decided to apply to change my status and found out my case never was submitte...
This is not a domestic violence question, but rather an immigration question dealing with a very specific aspect of immigration law. I have re-categorized the question so that you might get responses from immigration attorneys. Given the current political climate, it is imperative that you consult with an experienced immigration law attorney before proceeding.
I was on pre-trial probabtion, which ended last year. I am currently dealing with a nursing board investigation (resulted from charges from the above PTP). Since my PTP ended in a nonconviction I was able to have the records sealed. My question is...
Under G.L. ch. 276, s.100A, "Such sealed records shall not operate to disqualify a person in any examination, appointment or application for public service in the service of the commonwealth or of any political subdivision thereof; nor shall such sealed records be admissible in evidence or used in any way in any court proceedings or hearings before any boards or commissions".See question
I am 16 turning 17 in a couple months , and I have a larceny from building. It is c.266 §20 . I can't find out this online. Help needed.
You will be charged in the juvenile court, as you are not yet 18 years old. Chapter 266, s. 20 is the statute for larceny from a building, ship or railroad car, and according to the statute, it carries a potential penalty of imprisonment in the state prison for not more than five years or a fine of not more than five hundred dollars or imprisonment in jail for not more than two years. That makes it a felony.
However, those potential penalties don't apply to juvenile delinquency cases. The maximum penalty that the juvenile court can impose is a commitment to the Department of Youth Services (DYS) until you turn 18. Unless you have a bad record, it is unlikely you'll be committed to DYS; a more likely outcome is probation.
Not all larceny (stealing) that occurs indoors is larceny from a building. Larceny from a building is often charged when it should not be, a so-called "overcharge". Larceny from a building requires that the building itself be necessary to the safekeeping of the item stolen, for example a locked shed. Stealing an item from a store during store hours is not larceny from a building, but rather straight larceny.
You should speak to a criminal defense attorney with experience in the juvenile courts to assess the strength and weaknesses of your case. Your parents probably know about this charge by now, but if they don't they will soon find out so you should enlist their help in finding you an appropriate attorney.
Best of luck,
My boyfriend is on probation for two months, we got pulled over today by a firefighter because he saw my boyfriend hit my head. He got arrested for domestic violence and taken away. I'm not pressing charges, I don't want him arrested, everything i...
Your boyfriend faces exposure on 2 fronts. The first is that the new domestic violence (DV) charges can be a violation of his probation. He can be found to have violated his probation even if the new charges are never proven beyond a reasonable doubt. That is because the standard of proof required to prove a violation of probation is a lower standard - preponderence of the evidence - than the standard of proof needed to convict him of the DV charge. And the rules of evidence are not as strict in a probation violation hearing. The loosened evidentiary standards, coupled with the lower standard of proof required to show a violation of probation (VOP), make proving a VOP easier to do. If the Probation Officer can prove a VOP, then the judge can impose a sanction, the severity of which depends on the nature of the violation, what he is on probation for, and his past criminal history and history of violating probation, if any.
His second avenue of exposure comes from the new criminal charges themselves. A common misconception, perpetuated by television shows, is that it is up to the victim in a criminal case to "press charges". It is NOT up to the victim to press charges. Pressing charges is done by the district attorney's office, on behalf of society. Deciding whether or not to press charges is not up to the victim of the crime. So when somebody says they aren't pressing charges, they are usually surprised to find out that it doesn't have as significant an impact as they thought it would.
Pressing charges should not be confused with "testifying at trial". What most people mean when they say they don't want to press charges is that they don't want to testify against the defendant at trial. Due to the hearsay rule (a rule of evidence that prohibits the use of an out of court statement to prove the matter asserted), the prosecution usually needs the victim to testify in court in order to proceed against the defendant. Note that I said "usually" (I'll elaborate on that later). If the victim can assert some sort of privilege, like a 5th amendment privilege or a marital privilege, to avoid having to testify against the defendant and the prosecution has no other evidence to use to attempt to prove that the defendant committed the crime, then the charges get dismissed prior to the start of the trial.
I said the prosecution "usually" needs the victim to testify in order to prove its case. There are situations where the prosecution can proceed against the defendant even when the victim doesn't testify. These situations arise when the prosecution has some other evidence it can use to show the defendant committed the crime. For example, if there was a videotape of the defendant committing the crime, or if there was another witness (aka a "percipient witness") to the crime who will testify in lieu of the victim. The fireman in your situation is a percipient witness.
That is not to say that your boyfriend has no defense to the new charges or to the alleged violation of probation. Perhaps it was a self-defense situation where he only hit you after you hit him while he was driving; perhaps the hit to your head was done accidentally; perhaps he had a seizure. There are many possible theories that a creative defense attorney could advance.
Your unwillingness to proceed against the defendant will have some bearing on what bail, if any, that is set by the judge when your boyfriend is arraigned. Show up at court, tell the DA's office you don't wish to pursue charges against him, and tell his attorney the same thing. Perhaps he will be released. In the alternative, he could be not held on bail, but detained due to the probation violation. Ask your boyfriend's lawyer for a detailed explanation of the various ways he could be held in custody.
Best of luck,
About a month ago I was the suspect in a police investigation, and after refusing to give a statement to the police, the officer told me that criminal charges would be filed. They did not have my address at the time but yesterday I transferred ove...
The case against you will probably proceed by way of a summons. The summons may be for a clerk magistrate's hearing, or for an arraignment. A clerk magistrate's hearing is a hearing where a clerk decides 1) if there is "probable cause" to issue the complaint against you, and 2) if there is probable cause, whether or not to issue the complaint against you. The clerk's hearing is a great opportunity to stop the criminal case from proceeding any further by making a case that there isn't probable cause to issue the complaint, or convincing the clerk that another solution can be crafted in lieu of issuing the complaint. Both are better done by an attorney.
It is possible that the summons (either for arraignment or clerk's hearing) have already been mailed out to an address where you wouldn't receive the summons. You, or your lawyer, should call the clerk's office for the court that services the town from which the investigating police came from and ask if there has been any summons mailed out to you. You don't want to miss a clerk's hearing or an arraignment because you didn't receive notice.
Best of luck,
the Pittsfield,mass. courts want my blood. do I have to give them some ?
A person who is convicted of a felony must provide a DNA sample for the state DNA database. The crime of Threats under G.L. ch. 275, s.2 is a misdemeanor. Just because you went to jail for 30 days does not necessarily mean you were convicted of any crime, for example, a person can be held in jail awaiting bail before any conviction. A criminal felony conviction that predates the threatening phone calls charge will trigger your obligation to provide a DNA sample.
Under G.L. ch. 22E, s. 11, "Any person required to provide a DNA sample pursuant to this chapter and who, after receiving written notice, fails to provide such DNA sample within 1 year of conviction, adjudication or release from custody, as required by section 3, whichever occurs first, shall be subject to punishment by a fine of not more than $1,000 or imprisonment in a jail or house of correction for not more than six months or both."
Dominic PangSee question
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