Just received a letter in the mail from Malden District court. This case is almost 2 years old, it's for an unlicensed contractor charge.
I have paper work from the state of Ma stating my contractors license was in effect at the time I was doing a project, so not sure what they are really looking for.
Homeowner canceled our written contract and now says we owe them money when in fact they owe us money for endless changes within the scope of the contract. This should be in a civil court NOT criminal I would think.
The police docket date was this week BUT the arraignment is 6 weeks from now. Why so long before court date and why does this letter state I must report to probation? Will they want a large bail?
Can anyone give us a idea on whats going on here?
It looks like you are being summonsed for an arraignment. Given that you have six weeks between now and then, there may still be time to beat this without a criminal record. You are not officially charged yet. Your best bet is to hire a criminal defense attorney. Even if you are absolutely innocent, an attorney may be able to help you get the case dismissed before it ends up on your record; a small investment now may save you time and money in the long run.
This is not intended as legal advice and does not create an attorney-client relationship.
All defendants have to report to probation before their first court dates in order to give identity information to have their records run.
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You report to probation so they know that you are there and to get information.
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Let me preface this by saying that I know nothing about contractors, contract law, or civil cases.
However, contact a criminal attorney to file a motion requesting that this case be sent back to a clerk's hearing. The clerk should be able to see that this a not a criminal case, but a civil one.
Do this before the arraignment date so that no criminal court paperwork and/or criminal record starts against you.
I am assuming you received a Summons To Defendant to appear at Malden Court for an arraignment on a criminal charge. The morning of your arraignment you must report in person to the probation department where probation will complete an "intake sheet" on you. A probation officer will interview you and take basic biographical information and - if you are seeking a court appointed lawyer - financial information to see if you qualify for a court appointed lawyer. The probation office will then check to se if you have any criminal record. After your interview in probation you then go into Courtroom No. 1 and you will be arraigned. If Probation finds that you do have a criminal record, the record will be printed out and given to the Judge and the District Attorney. You must have a photo ID with you (License is best). Cell phones are not allowed in the courthouse. Leave your cell phone in your car. Once you are arraigned a record of this criminal case will be entered on your CORI. You should get yourself a criminal lawyer in advance of the arraignment; although remands of cases to a clerk-magistrate are very rarely permitted today it is worth exploring. Perhaps your lawyer can convince the DA that this is really a civil dispute and the criminal charge should be dismissed. The answer to your specific question is that the rules of criminal procedure require that every person appearing in criminal court for an arraignment must be interviewed by probation to determine if they have any criminal record.
I would bring in proof that you were licensed at the time, or use the time to fix any problem. When you report to court, all must check in with probation. Get lawyer
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