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I received a notice to appear at a Massachusetts magistrate's hearing, where I am accused of assault and battery. The incident occurred in April, and witnesses were present. I went to the hospital but sustained no lasting injuries. Additionally, the police department has accused my accuser of... View More 
answered on May 16, 2025
Your next step should be to consult with an attorney in order to prepare for the clerk magistrate hearing. This is a very important step in the case. If you can convince the clerk magistrate not to issue the complaint against you, then the matter is dismissed and you will never be formally charged... View More
I received a notice to appear at a Massachusetts magistrate's hearing, where I am accused of assault and battery. The incident occurred in April, and witnesses were present. I went to the hospital but sustained no lasting injuries. Additionally, the police department has accused my accuser of... View More
answered on May 15, 2025
Ideally, you should contact a Criminal Defense Attorney. These hearings are very important and at yours, the magistrate will decide whether you are officially charged with a crime or not. If successful, the case would be dismissed with no record of it on your criminal background. If you are... View More
I received a notice to appear at a Massachusetts magistrate's hearing, where I am accused of assault and battery. The incident occurred in April, and witnesses were present. I went to the hospital but sustained no lasting injuries. Additionally, the police department has accused my accuser of... View More
answered on May 16, 2025
A & B is a misdemeanor, and you are entitled to have this preliminary hearing. The law states that you are entitled to be heard personally, or through counsel. Usually an attorney would relate all the information to the clerk that you would otherwise testify to. However, some clerks might... View More
I am being arraigned tomorrow in district court for credit card fraud over $1,200. I have no prior record and have never been in legal trouble before. I don't have an attorney yet, and they will appoint one for me. No plea deal has been presented. What likely punishment could I face?
answered on May 5, 2025
Don’t jump right to punishment, as there could be a defense for your case. Hopefully you get a good lawyer appointed. If you do end up deciding to resolve the case with a plea, though, you may be able to secure a continuance without a finding (“CWOF”), which is kind of like a delayed... View More
My cousin, who was my caregiver, took my phone and confiscated all my personal papers. She forged my name on a power of attorney and created another document making her sister a power of attorney as well, without my consent. I haven't spoken to my family in years and can't reach them.... View More
answered on May 2, 2025
I am not sure I understand whether your caregiver had a valid Power of Attorney, meaning one that you did actually sign, and then that caregiver signed your name (which you believe is a forgery) to another Power of Attorney to include her sister
OR whether your caregiver never had a valid... View More
During an unlawful traffic stop, the officer threatened to assault me, claiming to smell marijuana and said he would rip me out of the car if I didn't give it up. I told him multiple times that I don't smoke and had nothing in the car. I received a ticket but successfully contested it... View More
answered on Apr 14, 2025
This seems pretty outrageous as you describe it! There are other ways to press the complaint, epending on how you already went about it, which you do not describe. You can also file a complaint at the POST Commission here: https://policecomplaints.mass.gov/complaint and let them look into it, or... View More
I was charged with gun possession after a gun was found in a gym bag with my name tag in a house where I previously stayed as a roommate. I was unaware of the gun being placed in the bag. The person who found the gun reported it, mentioning my belongings were also at the house. However, the gun was... View More
answered on Apr 12, 2025
First, I’m sorry to hear that you are being charged with a crime you didn’t commit. No attorney can give you odds of success. However, I’ve tried a number of gun cases with similar and worse facts and ended up with acquittals, so you definitely have a decent shot at walking away from this.... View More
I was charged with gun possession after a gun was found in a gym bag with my name tag in a house where I previously stayed as a roommate. I was unaware of the gun being placed in the bag. The person who found the gun reported it, mentioning my belongings were also at the house. However, the gun was... View More
answered on Apr 12, 2025
Based upon the facts that you have set forth in your email, I believe that it would be difficult for the Commonwealth to directly tie you to the handgun. The Commonwealth would have to prove that you possessed the firearm. Absent any other information such as a video of you with the gun or witness... View More
I am trying to petition the court to restore my firearm rights after a felony conviction for possession of ammunition, possession with intent to distribute a Class E substance, and two school zone violations in 2013. I have completed my probation, which ended in 2016. My attempt to expunge the... View More
answered on Mar 27, 2025
In order to attempt to regain your firearm license the first step should be to apply to your local licensing authority. Most likely, the police department. If it is then denied, an appeal to the applicable court would be the next step.
I am trying to petition the court to restore my firearm rights after a felony conviction for possession of ammunition, possession with intent to distribute a Class E substance, and two school zone violations in 2013. I have completed my probation, which ended in 2016. My attempt to expunge the... View More
answered on Mar 27, 2025
With a felony conviction, you are currently ineligible for a license to carry. However, you may be able to file a motion to withdraw the conviction (called a "Motion for New Trial"). In order to assess the potential path for such a motion, you should gather all of the court record,... View More
I was arrested for trespassing and disturbing the peace when I attempted to withdraw $16,000 from my bank, and an issue arose since the bank wanted me to schedule an appointment. They called the cops, leading to my arrest. I am currently assigned a court-appointed attorney who is not effectively... View More
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answered on Mar 25, 2025
Hello, it is unfortunate that you are not receiving the level of representation that you deserve. I will say, criminal defense attorneys can often be very busy and have numerous cases, so communication sometimes suffers. Prior to asking for a new attorney, you may want to reach out to the public... View More
I witnessed a minor stealing an item from a CVS store. Am I legally allowed to report this incident to the police?
answered on Mar 14, 2025
Yes, you are legally permitted to report a theft you witness, even if the individual involved is a minor. However, it's important to keep in mind that incidents involving minors are often handled differently than those involving adults. Law enforcement typically approaches these cases with a... View More
The man later on got beat up by 3 other guys. The reason for that was because he touched intoxicated girls including a minor (he’s 18)
answered on Jan 23, 2025
Hello,
The answer depends on the specific facts of your case and how serious the government or prosecution views the incident involved. Based on the information you have given, if you have no prior criminal record or involvement you will most likely not end up at a juvenile facility or in... View More
There is a trial in Florida where a woman shot through a door and killed her neighbor in what she claims in slf defense.
After the event someone in the community wrote negative things on the doo.
The door was brought into evidence at the trial today. But the door was painted over... View More
answered on Sep 8, 2024
First, you are asking about a Florida case, and that state's law would apply as to rules of evidence.
It seems like you are asking a question out of curiosity, rather than having a legal issue that needs some guidance by the lawyers that volunteer thier time. Please respect that the... View More
I am not worried that it could be used against me, but more that someone else, possibly pretending to be the owner of the materials would use it in their own case.
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answered on Jul 26, 2024
If your property is stolen or your identity is used by someone else, it can be concerning to think about how it might be used. In court, evidence must be authenticated, meaning the court has to be convinced that the evidence is what the person presenting it claims it to be. If someone is... View More
I am not worried that it could be used against me, but more that someone else, possibly pretending to be the owner of the materials would use it in their own case.
answered on Jul 25, 2024
If your property or identity is stolen, it could potentially be used as evidence in court by an impersonator. However, the legitimacy and admissibility of such evidence would depend on various factors, including the ability to prove the theft and the identity of the true owner.
Intellectual... View More
in 2017 apparently the victim died and he was just indicted for murder from that charge is that legal? The Commonwealth dismissed the charge of intent for murder and he already did his time and this was in 2017 please help me understand this as I really feel that my friend is not being treated... View More
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answered on Jul 21, 2024
I'm sorry to hear about your friend's situation. It is possible for someone to be indicted for murder if a victim dies from injuries related to an earlier assault, even if significant time has passed. This is because the death changes the nature of the crime from assault to potentially... View More
Both the prosecutor and the judge believed that this this pieceof inadmissible evidence was actually admissible . This came out in court 4 yrs. Later before trial. This was held against the defendant during the whole court process.
answered on Jul 5, 2024
The concept of "admissibility" only pertains to evidentiary hearings and trials. An arrest is not an evidentiary hearing or trial. There is no judge or jury to consider the evidence. You can view "admissibility" as whether something is "admitted" for consideration... View More
During the bail hearing, the judge mentioned that due to Rule 36, the 180 days for the trial were paused, and only 33 days had been counted. The court date proceeded as planned, with the only delay being the prosecution's request for a trial continuance a few days prior, which was objected to.... View More
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answered on Jun 3, 2024
If an inmate in Massachusetts is held as dangerous, Rule 36 allows for the exclusion of certain periods from the 180-day trial clock. This means that any delays not caused by the inmate, such as a prosecution's request for a trial continuance, can extend the trial deadline without violating... View More
Is a statement under the grand jury oath perjury if the officer provides false facts than what is stated in the police report
The police report contains different facts, while the affidavit presents consistent information; however, the grand jury minutes contain false information.
answered on May 31, 2024
It is not uncommon for a witness testifying live to give a different version than what is set forth in an earlier report or affidavit. It can be faulty recollection, nervousness testifying live, embellishment, or a deliberate falsehood.
Knowing false testimony of a material fact can be... View More
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