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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
I am a U.S. citizen who lived in the U.S. for 10 years, all of which were before I turned 14. I am married to a non-U.S. citizen, and we currently reside in the UAE. I visit the U.S. every year or every other year. My American parents both lived in the U.S. for 15 years – all of those years were... View More

answered on Apr 18, 2025
Your future child will not automatically become a U.S. citizen at birth because you do not meet the physical presence requirement. However, since your parents are U.S. citizens, who lived in the U.S. for 15 years after age 18, you can apply for your future child’s citizenship after his birth and... View More
I'm seeking legal advice regarding my employer's failure to pay me. I have been waiting for over two months to receive my earnings, which total over $2000. I did receive a partial payment on April 1 but was not paid for that day's work. My employer claims they haven't received... View More

answered on Apr 17, 2025
In MA, if an employer does not pay wages to their employee when due, the employee is entitled to triple the amount of wages that are past due. Look into the MA wage act. They are also not allowed to fire you for pursuing your legal right to back pay, since that is a separate violation. Before you... 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 have a past removal case in the U.S. (Boston Immigration Court), but I no longer live in the U.S. I'm currently a protected person in Canada and have no plans to return or seek immigration status in the U.S. How can I formally request termination of my U.S. removal case? Do I need to file a... View More

answered on Apr 13, 2025
Yes, you would have to file a motion to terminate with the immigration court and also serve the motion on the Department of Homeland Security along with your evidence. You should be aware though that despite no longer being in the United States, case law does allow the judge to issue a removal... 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
As the next of kin, do I have the right to view a life insurance policy on my deceased father that is held by his ex-girlfriend? He passed away unexpectedly without a will. They were in a long-term domestic partnership, and I suspect she may have removed me as a beneficiary without informing me or... View More

answered on Apr 5, 2025
A Massachusetts attorney could advise best, but your question remains open for a week. Until you are able to consult with a Massachusetts attorney for state-specific guidance, in most places, the carrier won't share that info with anyone who is not designated on the policy as a beneficiary.... 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

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
As an undocumented immigrant, is there a risk of deportation if I go to court for a fine due to driving without a license? My court date is scheduled for April 8, 2025, but I am afraid of the potential consequences.

answered on Mar 24, 2025
Well, no one can guarantee that they wont be in the building, but ordinarily an immigrant would not be deported for a misdemeanor motor vehicle offense. It might matter what Court you are going to- it is possible Ice is more in attendance at larger busier courts....they can't be everywhere.... 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
My husband and I have been married for 18 years and live in the same house but on different floors. He resides in the basement, which is an in-law apartment. His girlfriend has been living there without any rental agreement for over two years, even though she has her own apartment through Section... View More

answered on Mar 9, 2025
My answer is only directed towards her taking out a cable bill and other debt in your name. I will let someone else address the other issues raised. You can file a police report and a FTC Fraud Affidavit detailing that these accounts were not taken out by you. From there, you'll want to... View More
I have a 21-year-old daughter who lives full-time in her college dorm despite the divorce decree stating she would live with her mother. My 18-year-old son, who just turned 18, will be living at home while attending trade school with full benefits and pay. The child support order was issued in... View More

answered on Mar 3, 2025
The easy answer is yes, you can always ask the court to recalculate child support if there is a difference in the amount of child support in effect compared to what the child support would be based on recalculation.
To go a little deeper though, you should first recalculate child support... View More
I hired a contractor in March 2022 for a project in Lynn, MA, and paid $175,000 of the contracted $180,000. The contractor failed to complete the kitchen renovation and other work, resulting in water damage estimated at $25,000 and charging $20,000 for an unfinished kitchen. Despite attempts to... View More

answered on Feb 20, 2025
I assume you have spoken to him and made demand on him and asking for the money or the work to be corrected has been fruitless. You will have to seek the services of an attorney to pursue him legally. You may be able to obtain partial relief from the Massachusetts guaranty fund:... View More
My husband and I are going through a divorce in Massachusetts, and he currently provides health insurance for me and our children. I earn slightly more than him. There are no court orders in place regarding health insurance, and I am concerned about coverage both during the divorce proceedings and... View More

answered on Feb 20, 2025
He will definitely need to maintain the insurance during the divorce. There is an automatic (financial) restraining order that goes into effect at the start of the divorce (Supplemental Rule 411). That restraining order basically prohibits both parties from making any financial moves that damage... View More
I recently left my son's father and moved back to Massachusetts. We were never married. I've raised concerns about a bunk bed he bought for our two-year-old son, but when I asked to see a picture for safety reasons, he insulted me. He has violent tendencies, although never physical with... View More

answered on Feb 17, 2025
Situations like this are best managed in Court, so the boundaries are clear. You may be afraid, but the real question is whether you have a real fear of harm to your child as a result. If he has never harmed the baby and offers responsible care, you might look bad for refusing the parenting time.... View More
I am seeking a family law attorney to assist with appealing a judgment in my area (02145). I believe the judgment was unfair and biased towards the wealthier party, resulting from a 12-year process. On the trial's final day, the judge appeared dismissive, especially since the other party was... View More

answered on Feb 17, 2025
Family law appeals are an uphill battle and the majority of appeals are unsuccessful. Judges have tremendous discretion in deciding issues, and reviewing courts (like the Appeals Court) defer to the judge's determinations regarding credibility of the parties. A reviewing court will almost... View More
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