Massachusetts Criminal Defense Legal Questions

The only person who can answer this question definitively is the judge in the court where your warrant was issued. However, generally, if you were released to appear and then do so, it is more likely than not that you will be released. Your best bet is to hire an attorney who will eventually represent you on the charges and have him or her appear with you when you surrender yourself on the warrant. All information and analysis provided herein is for Massachusetts law and Massachusetts cases, ONLY. If your matter or question involves the laws of another state please disregard this post and seek advice from an attorney licensed to practice law in the applicable state.... Read More

In Massachusetts the age at which a person can legally consent to sex is 16. So if you were 16 years of age or greater when you had sex with the person, he cannot be successfully prosecuted for statutory rape. Other than that I am not aware of any other reasons why your father would be in a position to have your boyfriend charged. All information and analysis provided herein is for Massachusetts law and Massachusetts cases, ONLY. If your matter or question involves the laws of another state please disregard this post and seek advice from an attorney licensed to practice law in the applicable state.... Read More

You indicate that this issue arose in Massachusetts, which is the only state in which the following analysis applies. Most often the court will NOT abide by a victim's desire to "drop the charges." It is not Victim v. Defendant, it is Commonwealth v. Defendant, therefore, it is up to the Commonwealth, not the alleged victim, as to whether or not the charges are brought or "dropped". However, there are things that can be done. These cases are fact specific and there are factors that may be in play that will preclude the Commonwealth's ability to successfully prosecute the charges if they do issue. The Clerk Magistrate's job is merely to determine if a crime has been committed and if so, they are supposed to issue a Criminal Complaint. However, if it can be shown that these charges will never be successfully prosecuted, the Clerk Magistrate may deny the Application for Complaint. Your husband is in the excellent position in that if the Complaint does not issue there will be no criminal record whatsoever. It is also far cheaper to hire an attorney to argue at a Clerk's Hearing than to challenge the Criminal charges once they issue. My advice is to hire an attorney to represent your husband at the Clerk's Hearing. It is the time when you have the most to gain for the least cost. If the charges issue and he is arraigned, they will be forever on his Criminal Record, even if later the charges are dismissed.... Read More

In Massachusetts, being caught with less than 1 ounce of marijuana is treated as a civil violation and a civil ticket is issued. This will not appear on a criminal history record (CORI) since it is NOT a criminal charge. However, even less than an ounce can be enough for a criminal charge of Possession with Intent to Distribute Marijuana if other indices of sales are found. Indices of sale include but are not limited to scale, baggies, cash that is not otherwise accounted for, individual packets that even together do not weigh once ounce and other things that would lead someone to believe that the marijuana was being illicitly sold. In this case, you say you were merely cited with a ticket so the short answer is NO, it will not go on your criminal record.... Read More

Your best course of action is to hire an attorney and surrender yourself on the warrant. If you do this with a private attorney, the court will understand that you plan on addressing the charges as evidenced by the attorney. If you can't afford to hire a private lawyer, you should still appear but the chances of being held rise somewhat. The worst thing that you can do is to ignore it. If you are picked up by the police on the warrant, then the court will most likely hold you or set a high bail since there will be no evidence that you had any intention of addressing the warrant. All information and analysis provided herein is for Massachusetts law and Massachusetts cases, ONLY. If your matter or question involves the laws of another state please disregard this post and seek advice from an attorney licensed to practice law in the applicable state.... Read More

Do NOT speak to police without first speaking to an attorney. You have the right to have a lawyer present. In most cases the lawyer will advise you not to speak to them at all, but every situation is different. Contact a lawyer asap. All information and analysis provided herein is for Massachusetts law and Massachusetts cases, ONLY. If your matter or question involves the laws of another state please disregard this post and seek advice from an attorney licensed to practice law in the applicable state.... Read More

There is no simple answer to your question. Much rides on your past criminal history, if any, and the facts of the case. In MA, Larceny Over $250 is a Felony and carries a maximum penalty of up to 2.5 years in jail. It is highly unlikely that you will get that sentence. It is certainly nothing to be handled on your own. Hire a good criminal defense attorney and follow their advice. If it is in or around Worcester County, you can call me at the numbers listed below. There is no fee for the telephone consultation. All information and analysis provided herein is for Massachusetts law and Massachusetts cases, ONLY. If your matter or question involves the laws of another state please disregard this post and seek advice from an attorney licensed to practice law in the applicable state.... Read More

It is certainly an arguable issue. It is not a slam dunk in either direction because the standard to pull someone over is probable cause, a much lower standard than beyond a reasonable doubt. It may be worth pursuing as a motion to Dismiss. However, it can also be used as leverage to obtain an outcome that is acceptable but certain. If you challenge the stop and lose, it lessens your chances of a favorable outcome from the prosecutor. Its certainly something to explore with your attorney. All information and analysis provided herein is for Massachusetts law and Massachusetts cases, ONLY. If your matter or question involves the laws of another state please disregard this post and seek advice from an attorney licensed to practice law in the applicable state.... Read More

You need an attorney in Massachusetts to seal your record in Massachusetts; you will need a Connecticut attorney to seal or expunge your record in Connecticut.  If the matters in Massachusetts are more than 5 years old and are misdemeanors and any felonies are more than 10 years old, you can administratively seal your record for around $600.  For more information on sealing records in Massachusetts see my blog at www.johnedevito.com.... Read More

Since I was not present and do not know any details of your situation I can only reply theoretically. It may have been that the police were considering taking you into custody and were protecting themselves and your constitutional rights by providing you Miranda warnings that you had the right to remain silent and have an attorney present for any questioning. Once you are detained, even if not arrested, the police must provide these warnings for any testimony that you may provide to be admissible. Since they did not arrest you it essentially becomes moot.... Read More

In response to your question, Should you go to trial for a charge of "Possession of a Firearm that was found in a backpack that you were carrying" I would need far more information to respond to that question. It is not something that should be discussed with anyone but the attorney representing you n the charges. Information on the circumstances which led to the stop & search are critical. Also what your previous criminal history looks like and the specific chapter and section that you were charged under.... Read More

You would have to hire an attorney to explore the option of a new trial. In order to make a motion for a new trial you have to show that new evidence has arisen that could not have been produced at the original trial. From what you have written, it sounds like you may have that situation, but it would take an experienced Criminal Defense or Appeals attorney to evaluate the chances of getting a new trial.... Read More

No. Paying the civil demand will have to bearing on whether or not you are summonsed to court for the Shoplifting charge. In fact, when I represent clients summonsed to a Show Cause hearing or even Summonsed to arraignment for Shoplifting, I usually get rid of the civil demand for them as part of the representation. There are a few courts that want to see this paid, but most do not care. I strongly suggest you hire a Criminal Defense lawyer to represent you on the Shoplifting charge and let that lawyer advise you on the civil demand.... Read More

In general, police need a warrant to conduct a search of a home or car, but there are a lot of exceptions, especially in the context of a car.  The most common exception is where the police have "probable cause" to believe that evidence of a crime is contained in the car.  Probable cause is that amount of evidence which would lead a reasonably prudent person to a particular belief.  The simple fact that your car was parked in an employee section of a parking lot does not give the police probable cause to believe there was evidence of a breaking and entering inside of it, but if there were some contextual evidence that would lead a reasonable person to believe that there was evidence in the car, that could change the answer.... Read More

"Owning up to the mistake" did nothing but provide the police with a solid confession, which will limit your attorney's ability to mitigate your situation. You should never speak with police unless you are advised to by your attorney for some unusual reason. There is nothing to gain by doing so. However, to answer your question, there are many different charges that can be brought but most likely it will be Larceny Over $250, which is a felony.... Read More

In Massachusetts, if you are placed on probation and then found in violation, you can be sentenced up to the maximum sentence provided by law for the offense for which you are on probation.  If you were given a suspended sentence, which was suspended on condition of your successful completion of probation, and you are found in violation of your probation, the maximum sentence you can receive is the suspended period of the sentence. The maximum sentence provided by law for armed robbery is life in prison.... Read More

If you do not want to deal with the police, you and your son can tell them so.  If you unequivocally tell the police you refuse to speak with them, and say "I want a lawyer," they have to stop talking to you.  As far as the search of the ipod goes, the police need a warrant to search a cell phone, so it sounds like someone consented to allowing the police to look at the iphone. Just like before, you are legally entitled to refuse to cooperate with the police, and you don't need to provide any reason whatsoever. Also, it is very important that you not disucss this with your son.  If your son needs to talk about this with anyone, it should be with a lawyer, who cannot be forced to testify as to what was said later on.... Read More

Unfortunately, there are very few ways to un-do the final outcome of a court case (commonly called a "disposition."). If your case was resolved without a trial (i.e. you pled guilty or admitted guilt) you might be able to withdraw your plea if there was a technical problem with the manner in which your plea was entered. You should get the paperwork from the court, and request the recording of the plea, and give both to a lawyer for review.  If you had a trial, the time to file an appeal has very likely passed, but you can ask for permission to file a late appeal, and you could talk to a lawyer about a potential motion for new trial.  Make no mistake, however, your is very much an uphill battle, as the whole system is designed so that you cannot change your mind after the case is over.... Read More

Unfortunately, I would need far more details and then it would be up to a judge. The police only need probable cause to arrest. That means that something is 51% likely to have happened. That is the standard for being charged with a crime. It is very low and easy to meet. Now, once you are charged, it is the higher "proof beyond a reasonable doubt" standard that is required for conviction. Now, as to the possession, you do not have to physically have something within your hand or body to show possession. With heroin, merely being knowingly in the presence is a crime. For all other drugs, you must have possession. However it can be constructive possession. Constructive possession is defined as having "dominion and control" over the item. I am sure all of that sounds confusing. However, that is whey lawyers, like myself, cannot simply say something is or isn't as if there is a bright line rule. There are so many variables and definitions that it takes a lot of experience to know the "likelihood" that something will or won't be ruled in a certain way. You should hire a very good criminal defense attorney to represent you. You need to go over the facts with him or her in detain and then trust their wisdom and experience to guide you.... Read More