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Jessica Ann Foley
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Jessica Foley’s Answers

517 total


  • When you are on probation and get section 35'd will it violate probation in Massachusetts

    My son is out of control and on unsupervised probation out of Malden Ma. I want to section 35 him but was told by him if I do so it will violate his probation and he will end up doing 18 months in jail. I don't know if this is true, could you ple...

    Jessica’s Answer

    You would need to know his conditions of probation. It might work better for him if he did a voluntary commitment. It could definitely jam him up but you need to make a decision as his parent and alive but jail is better than the alternative. You are in a tough spot here - I don't know where you are located but there are many support groups for parents and family members of drug addicted people. Good luck.

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  • Can my girlfriend drop charges without it being on my record at all?

    My best friend and I just "came out" not too long ago (we are both female) and our parents hate it. I am 20 and she is 17. She is past the age of legal consent in MA (16) but since she lives a "chaste life," it is considered illegal to engage in ...

    Jessica’s Answer

    It seems highly unlikely anyone would take charges out - that being said Ira probably not worth the risk until she can consent.

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  • I have a violation on my license. I never got stopped or received a ticket....what should I do?

    Moving violation?

    Jessica’s Answer

    Go to the court where it was issued and ask to look at the file. Did you get something in the mall to appear or did you just find out by looking at your driving record ?

    I suggest speaking to a lawyer.

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  • If someones criminal pretrial goes to trial does this mean the accused likely refused a plea deal?

    The accused was arrested last year and charged with four counts of a/b which included serious bodily injury, assault with a dangerous weapon, attempted murder (non fatal stabbing)etc. There was an indictment and it has been in Superior Court for m...

    Jessica’s Answer

    It doesn't necessarily mean they refused a plea. It's possible they did but it's also possible they could accept an offer prior to trial. Their lawyer will inform them of all their options and how a trial proceeds.

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  • Do I need to obtain a lawyer or should I settle?

    I recently received a settlement letter from a out of state lawyers office that is representing Sears. The letter is asking me to pay to settle a claim that was brought up by Sears against my child for "attempted to damage property". I'm not sure ...

    Jessica’s Answer

    I wouldn't worry about it now - if they sue you in court or take out criminal charges against your child you can deal with it then.

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  • Can a scram mobile(facial recognition device) be unreliable?

    I am on pretrial probation for dui, I moved into a new house and was notified by the scram device people that they could not pick up a signal. Later that night when I took my test, it read retest in 15 minutes. I retested 15 minutes later and it s...

    Jessica’s Answer

    Any technology can give a false positive. You should contact your lawyer to discuss the details.

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  • How can my son be charged with under age possession of alcohol if he did not have any alcohol in his possession.

    My son went to a house party and the police showed up. He was asked if he was drinking and he told the officer that he was not . The officer called our home to let us know about the situation, and my husband asked if he was drinking . The officer...

    Jessica’s Answer

    He can be charged under a joint venture theory. Most courts have diversion programs for this and the case will be dismissed. It depends on the court.

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  • What will happen if I do not show up, what is the worst case scenario,how will it adversely affect me?

    I am a defendant in a harassment prevention order 258. I do not wish to attend the 10 day hearing that is scheduled for March 23rd in Hingham MA.

    Jessica’s Answer

    If you don't contest it and the plaintiff shows up its almost definitely going to issue. Do you care if it's on your record ? If the plaintiff alleges a violation you will potentially be charged with a violation. If you don't want to go because you have a major conflict in your schedule you can try to get it moved.

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  • Where do we go from here?

    My husband was found guilty of open and gross lewdness in Massachusetts by a 6 member jury in less than 30 min. (He was not guilty.) the plaintiff never showed up for the first trial date and had to be I believe bench warranted to appear. We ...

    Jessica’s Answer

    I would check the status at the appeals court - perhaps it's been filed and going through the process. It can take a long time ! http://www.mass.gov/courts/court-info/appealscourt/. If nothing - maybe the lawyer has a new number ? You might need a new lawyer ...

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  • If you have two felony probation violation warrants in MA and get arrested in CA...will MA come get (extradite) you?

    My friend has two felony probation violation warrants in Massachusetts for not reporting to his probation officer when he was supposed to and still hasn't went to see him. Crimes that he was sentenced for were Distribution Class A:Heroin, Distribu...

    Jessica’s Answer

    Definitely look into it - you can end up just sitting and waiting for a decision from Massachusetts. A lawyer can really help.

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