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John E DeVito

John DeVito’s Answers

233 total


  • Fake ID Massachussetts - what do I do?

    I was at a liquor store with two friends over 21, I am still 20 (I turn 21 in a month). Even though I was NOT purchasing any alcohol, my friend was. I am visiting here and not familiar with the state/local laws and they asked to see my ID as well,...

    John’s Answer

    You should hire an experienced criminal attorney immediately. The courts often do not punish those charged with this crime harshly; however, you could be charged with a felony. The summons is likely to be for a clerk's hearing; not a hearing before a judge. If you and your attorney can stop the matter at the clerk's hearing no criminal record will be created. Get an attorney.

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  • Juvenile record sealing in MA

    When can I seal my juvenile records? A Juvenile Court case can be sealed if your case is closed for at least 3 years, but only if: You have had no other delinquency cases, juvenile adjudications, or convictions (except motor vehicle offenses wit...

    John’s Answer

    You can seal your juvenile record but it may be worth discussing what you are actually accomplishing by doing that. I suggest you consult an attorney who understands what effect sealing a record may have in your case.

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  • In MA. if you successfully have a domestic A&B case dismissed, will the original arrest still show on CORI/Background Check?

    In MA. if you successfully have a domestic A&B case dismissed, will the original arrest still show on CORI/Background Check?

    John’s Answer

    Yes, but you can seal the CORI. You will still have an arrest record (different from a CORI) which can be updated to reflect the dismissal. Contact an attorney who can assist in this regard and discuss options.

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  • How long does it typically take to get a summons for a assault and battery domestic charge in MA?

    My sister and I were both charged with assault and battery of a family member(misdemeanor). Only I was arrested and have already had my arraignment and next court date set. A family member of mine ha mentioned my sister has not received a summons ...

    John’s Answer

    It generally takes about 4 weeks. In your sister's case she should get an attorney immediately to encourage the court to give her a clerk's hearing as opposed to being summons for an arraignment. if the only witnesses to this event are you and your sister, there is a strong likelihood that you both can claim your right to remain silent. If that is the case you may avoid a conviction and she may stop the case at the clerk level.

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  • I need a lawyer

    I am being summons into.court for possession of stolen property...my boyfriend refused to return money that was given to him and hid the money without my knowledge in my home...the police.searched both my home.and his.but found the said money in m...

    John’s Answer

    Contact an experienced criminal attorney. If you are summonsed for an arraignment the attorney may want to request that the matter be dismissed at the arraignment and returned to a clerk hearing. You may be able to stop the criminal process entirely if you can get the matter before a clerk. If you are summonsed for a clerk hearing, go with an attorney. A good attorney may be able to convince the clerk to keep the matter at the clerk level and thereby avoiding criminal process. If this is accomplished you will have no criminal record.

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  • Do arrests without arraignment show up in an FBI fingerprint background check?

    I was arrested for misdemeanor shoplifting, fingerprinted, and released. The next day at court the D.A declined to press charges and I was let go. No CORI record. How would this show up on an FBI fingerprint check though? I'm going to need one...

    John’s Answer

    I agree with the previous answer; it wil show on your FBI record and in the Mass State Police data base. What you should do is contact an attorney to assist you in updating your State Police and FBI record to show that the case was dismissed prior to the arraignment. At this point the FBI and police record has your name and the charges, no disposition is noted, thereby leaving law enforcement to believe the worst. It is not costly to update your law enforcement record.

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  • Oudtanding warrant from 2000.larceny over $250.

    outstanding warrant from 2000 larceny over 250. 100 percent certain that cash was paid back to employer.. I've lived in texas 10 years now with no issues. went to DMV last week and found out and couldn't renew my driver's license. what's my next ...

    John’s Answer

    Attorneys can sometimes stand in for their clients on misdemeanor cases and sometimes resolve the case without having the client appear. Your cases is a felony and it is unlikely that an attorney can stand in for you.
    You certainly need an attorney to check the docket and contact the District Attorney to determine their position. If you are lucky the district attorney may dismiss on costs and not object to your having to appear.

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  • Do I need an attorney to defend a 'negligent operation of a motor vehicle' charge?

    My girlfriend was driving home from work in the afternoon and she hit a telephone pole. Wasn't texting or on her phone, but says she doesn't remember anything before the crash. She was charged with negligent operation of a motor vehicle. Went to t...

    John’s Answer

    Yes, hire an attorney and do it before she is arraigned. There is some possibility that the matter can be dismissed prior to arraignment. An experienced criminal lawyer familiar with that court will be necessary. if the matter can be dismissed prior to arraignment a criminal record will not be created. I agree with the other comments previously posted.

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  • My case is so far a 50/50 chance of having a second OUI on my record. I incriminated myself before being read my rights though?

    Possession of a class B substance OUI Second offense Open container Fail to Signal Unregistered motor vehicle Wrenthem District Court - Foxboro Police Arrest Evidence - 9 Oxycodone Hydrochloride (percocet) 2 Bud Li...

    John’s Answer

    There are clearly problems with the case. Most problematic is the statements which implies you mixed alcohol and prescription medication. If the statements are excluded you have a stronger chance of winning. I assume the medication label states "do not consume with alcohol or do not operate machinery while on the medication." All of this must be reviewed and examined by an experienced defense attorney. Consult an attorney if you do not have one already.

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