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Brad Bailey
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Brad Bailey’s Answers

34 total

  • Can I successfully answer NO on a city of XXXX application to the felony question? Thank you

    In 1995 I was convicted of the felony, Larceny over 250.00. I served a 2 year probation after pleading gulty. With no other infractions since this time I successfully sealed my record, not expunged as I believe I cannot do such a thing in Massach...

    Brad’s Answer

    Most employers will not be able find out about your sealed records. However, the law does permit certain employers and state agencies to get information about sealed records, including all criminal justice agencies (police, probation, courts, etc.) and the Department of Early Education and Care, when screening childcare workers in the hiring process. If you aren't applying for a job in one of these industries/professions, you should feel confident in answering "No" on your application. Good luck.

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  • What exactly is an independent ID? She was not 100%pos with the police array and my husb was only pic that matched description ?

    My husbands motion on suggestive ID for the photo array that was done when he was arrested was surpressed now we have to go back for ANOTHER pre trial hearing for another motion for Id surpressed because she kept showing up at court and the prosec...

    Brad’s Answer

    I agree with my colleagues - it sounds like your husband's lawyer is doing a good job so far. Don't be afraid to ask his lawyer these questions though. He works for your husband, so to speak, and any competent lawyer not only will be glad to answer questions about the case, but has a duty to communicate with their client.

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  • Can I be accused of theft and/or unlawful disposal of items for helping my uncle when I returned all the items to their owners?

    I called both inspection services and elder services, to report my uncle and grandmother living in hoarding/squalor conditions. My uncle was taken to the mental hospital, and my grandmother was admitted for general care. The assistant commissioner...

    Brad’s Answer

    You may not have done anything illegal, BUT that doesn't mean someone won't/can't accuse you of doing something wrong. If you are concerned, speak to a lawyer; many of us offer free consultations and our contact information can be found here on the Avvo site. In the event that someone does file an application for criminal complaint against you, hire a lawyer before the show cause/clerk's hearing.
    Good luck.

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  • How could this have happened and how do I resolve this

    I am being falsely accused of having inappropriate contact with a minor. the child in is my nephew, you told my brother his father that I had exposed myself to him multiple times and that he had at one point touched my genitals.

    Brad’s Answer

    By now you've seen all the responses by my colleagues; they're right, you need an attorney ASAP. In the meantime, don't speak to the police, don't speak to your relatives. Don't talk to anyone about this other than your attorney. The only other thing I will add is make sure the attorney you hire has experience defending sex crimes cases.

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  • What to write in the appeal, how to go about this situation.

    Hello, I am a Master's Student at Northeastern University in my last semester. I have been dismissed from my program by the graduate committee and have charges of Plagiarism and collusion. I also appealed which got rejected and the matter went to...

    Brad’s Answer

    The Northeastern University Regulations, particularly the code of conduct, lays out the disciplinary proceedings protocols. Although it's readily available to you http://www.northeastern.edu/osccr/pdfs/Code%20of%20Conduct/20132014CodeOfConduct.pdf, it can still be confusing, and these types of proceedings typically put you at a disadvantage since you are not guaranteed the same rights and privileges as if they were taking place in a court of law. Your best bet is to consult with a local attorney ASAP who has experience with University disciplinary and/or Title IX proceedings, especially since you have already exhausted some of your available remedies. At the very least, an experienced attorney can guide you through the process and help you identify the strengths and weaknesses of your case so that you can put your best foot forward during your appeal.

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  • Is it considered prostitution in the state of Massachusetts for a woman to charge a man for a massage but let the man masturbate

    Is it considered prostitution in the state of Massachusetts for a woman to charge a man for a massage but let the man masturbate after the massage is over? Does it make a difference if the woman who massaged this man was naked but did never touch ...

    Brad’s Answer

    Based on your brief description of the facts/situation, there are at least two charges that could be brought:
    For the man, he could end up facing a charge of open and gross lewd and lascivious behavior under Mass. Gen. Laws ch. 272 s. 16;
    For the masseuse, there appears to be enough to warrant a charge of engaging in sexual conduct for a fee under Mass. Gen. Laws ch. 272 s. 53A.
    Both charges are serious - they carry punishments that include fines and possible jail time.
    If you have been charged, or fear you are under investigation, your best bet is to immediately contact an experienced sex crimes attorney to defend you, including interfacing with the police and/or DA on your behalf.

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  • A year and half ago I got an OUI. It was CWOF. I got a job to be a high school sports coach and have to do a cori. WIll it show

    I requested my own CORI and it showed up. Will an employer not be able to see it?

    Brad’s Answer

    Generally, public and private schools in Massachusetts have what is known as "Required 2" level of access, which means they will have access to any non-convictions on your CORI. Since a CWOF constitutes a non-conviction, the school will be able to see the CWOF on your record.
    That said, Required 2 level access does NOT provide access to any SEALED records of non-conviction. Records of non-convictions can be sealed by a judge, however it is discretionary. Your best bet would be to hire an attorney who could file the necessary motions with the court and argue it aggressively on your behalf. Be aware that it can take almost a month for your case to be heard (depending on the court) and it can take a few weeks after that, if the judge agreed to seal your record, for the Commission of Probation's Office to update your CORI. Please act fast!

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  • My daughter unknowingly had her license suspended for speeding ticket

    She got pulled over by local cop who said he had no reason to pull her over. He let her call me and I went and picked her up and drive car home. Should she get a lawyer? Court date is this Friday

    Brad’s Answer

    I concur with my colleagues - it is in your daughter's best interest to retain an experienced criminal defense attorney who can try to negotiate a resolution of the case prior to arraignment. Even though it may seem like a minor infraction, it is a misdemeanor and if your daughter is arraigned, she will have, at a minimum, a probation central file number assigned to her which will follow her forever regardless of the ultimate outcome of the case. It's worth it to hire a lawyer to advocate on her behalf for a pre-arraignment resolution of the case. Best of luck to you and your daughter.

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  • I have a CWOF. I got offered a job, they do fingerprinting and a cori. Will the cwof prevent me from getting the job?

    The cwof is from 3 years ago. It was larceny over 250. I have one year probation and paid 900 dollars. This group home offered me a job. Will i not be able to get the job due to my cwof? How do i go about getting this sealed?

    Brad’s Answer

    CWOFs are not considered convictions. Generally, if you receive a CWOF and successfully complete the requisite probationary period, your case is dismissed and the CWOF will not show up on your CORI for most employers, who typically have Standard Access to CORI. However, certain employers have what is called Required 1 Access to CORI or Required 2 Access to CORI. Required 1 Access employers, such as hospitals, banks, security system installers, etc., would not see a dismissed CWOF on your CORI. On the other hand, Required 2 Access employers, such as assisted living facilities, nursing homes, programs for children, etc. will see non-conviction information, including your CWOF. (There are also Required 3 & 4 Access to CORI employers, who also have access to CWOF information on a CORI.) It seems likely that your prospective employer may be a Required 2 Access employer. If that's the case, they will have access to your CWOF.
    This doesn't necessarily mean they will rescind your job offer. However, if you are interested in having your record sealed, you are eligible to petition the court to do so. Please note that even if your record is successfully sealed, certain parties, such as law enforcement, will still have access to the sealed information. However, for most inquiring parties, your sealed record will be unavailable and kept confidential.
    You should strongly consider contacting an experienced criminal defense lawyer for a consultation to discuss the specific facts of your matter, and the possibility of sealing your record.

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  • The father of my child has a No Contact special condition of probation that i need removed ASAP. He is a Felon now Please help!

    The father of my child who i love very much went through some difficult times with me. I was abusing drugs and physically abusive to him but sadly i told a story that got him arrested instead of me because i was scared of going to jail/Losing my c...

    Brad’s Answer

    His best bet is to contact an experienced criminal defense attorney to review the conditions of his probation, and if appropriate, file a motion with the Court to have that condition modified, or possibly vacated. In the meantime, he should speak to his assigned probation officer and try to clear up any confusion, and make sure he complies with his probation officer's directions unless and until the Court says otherwise. There are numerous attorneys here on Avvo that can help him with this.

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