Massachusetts Criminal Defense Legal Questions

The answer is YES. A defendant at age 11 will most likely be prosecuted in the Massachusetts Juvenile Court System. The victim being a family member does not prevent the prosecution. It is important that you contact an experienced criminal lawyer who practices in the Juvenile Courts, as there is a whole other set of criminal law and procedure applied in that system. Attorney Anthony Salerno (508) 795-1200... Read Answer

The answer is YES. The advice is, you should speak to a Massachusetts attorney ASAP to protect your rights. An investigation does not stop at state or local borders. Most often out of jurisdiction police will enlist the assistance of the local police for a number of logistics reasons, but it is not necessary. Our office is a very experienced criminal law group. Call to discuss this matter further. Attorney Anthony Salerno (508) 795-1200... Read Answer

You were not arraigned; therefore, you were never charged with a crime. You can state on any applications that you have not been charged with a crime. I would get a certified copy of the court docket sheet on the case to show that the case was sent back to the clerk. Keep it for your records. You have a problem with the FBI. You have an arrest record which is different from a CORI. The FBI get copies of all fingerprints for those arrested in Massachusetts. The best you can do is clarify or update the FBI record.... Read Answer

Drug cases can be complex. If the only evidence the police have against you is a statement from a confidential informant, then that is not enough to charge you.  If the informant is truly confidential then the police have no evidence against you.  The informant's hearsay statement  is not admissible in court unless the informant testifies; that will not happen if the informant is confidential. Usually the police will have done controlled buys, surveillance of the home and a search warrant before charges are brought. For more information on drug cases see my website and blog at www.johnedevito.com.... Read Answer

Read MGL Chapter 276 Section 100a.  The law differs depending on what type of crime you were charged with and had dismissed. An application for employment used by an employer which seeks information concerning prior arrests or convictions of the applicant shall include the following statement: “An applicant for employment with a sealed record on file with the commissioner of probation may answer ‘no record’ with respect to an inquiry herein relative to prior arrests, criminal court appearances or convictions. An applicant for employment with a sealed record on file with the commissioner of probation may answer ‘no record’ to an inquiry herein relative to prior arrests or criminal court appearances. In addition, any applicant for employment may answer ‘no record’ with respect to any inquiry relative to prior arrests, court appearances and adjudications in all cases of delinquency or as a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution.” The attorney general may enforce the provisions of this paragraph by a suit in equity commenced in the superior court. The commissioner, in response to inquiries by authorized persons other than any law enforcement agency, any court, or any appointing authority, shall in the case of a sealed record or in the case of court appearances and adjudications in a case of delinquency or the case of a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution, report that no record exists.... Read Answer

Stalking in Massachusetts is defined under Massachusetts G.L. c. 265?43. The elements of the statute follow: whoever willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress makes a threat with the intent to place that person in imminent fear of death or bodily injury. The maximum penalty for a first offense is five years in state prison or 2 years in the house of correction and/or a fine of not more than $1000. A second and subsequent offense carries a maximum penalty of not more than 10 years in state prison.... Read Answer

Some court appointed attorneys do an excellent job; some do a terrible job.  You will have to assess the attorney assigned to your case to determine if you need a private and more experienced attorney. You are always safer with an experienced and respected attorney. You are smart not to explain or elaborate on the facts of your case on this website or any website as you could increment yourself or say something that can be used against you. For further information of restraining orders and domestic violence cases see my website.... Read Answer

If you know which town or city that the offense occurred, it is likely to have been filed in the District Court for that town or city. If you have no idea where the offense occurred then you will have to get a Board of Probation record to identify the offense and the court involved. I suggest you hire an attorney as you are in default subject to arrest anywhere in Massachusetts.  Most attorneys will be able to assist you in accessing your record to identify the offense.  For further information on defaults see my default warrant page and my blog page on my web site at www.johnedevito.com.... Read Answer

It is always a good practice to have experienced legal representation at ANY court proceeding. If you can successfully resolve the matter at a clerk magistrate's show cause hearing, it will close the matter out without any CORI entries. Attorney Anthony Salerno , www.salernolawoffices.com... Read Answer

The Statute of Limitations is tolled (stops running) while a person is in default. If you were sentenced to a term of probation you must surrender yourself to the court to clear the warrant.  Do not go to court without an attorney. The attorney may be able to neutralize the damage already caused by the default by reaching out to the probation officer and agreeing to an alternative other than incarceration. For further information on defaults see my website at www.johnedevito.com. ... Read Answer

Hiring the right attorney can be a daunting task. In my opinion, the most important factor is a bond of trust between the Defendant and the lawyer. I actually tell my potential clients that if they do not feel that they can trust me to protect their rights and get them the best outcome that they should hire someone else.... Read Answer

Worst case would likely be probation and restitution for balances above insurance coverage on the damages. Best case, with your license in good standing may be dismissal. The strength of the Commonwealth's evidence will have a lot to do with the outcome. The weaker the evidence, the closer we get to dismissal. However, I have had these charges dismissed even with strong evidence by the Commonwealth. If you are in or near Worcester County call my office and with the answers to a few question I will be able to give you a far more reliable answer. Gregory Casale... Read Answer

The following is a recent blog I wrote regarding warrants: WARRANTS - DEFAULT WARRANTS - ARREST WARRANTS- An arrest warrant is an order issued by a judge or other competent authority naming a person charged with a crime and ordering the police to arrest and bring that person before the court. The arrest warrant is the process by which a defendant may be brought to the court to answer a charge pending against him.? If the police have probable cause to believe that a person has committed a crime, they apply for a criminal complaint and, once issued, can request an arrest warrant. A default warrant is an order issued against a defendant for failing to appear in court. If a defendant has been summonsed to court, and fails to appear, a default warrant will issue. If a defendant has been before the court and is told to return on a date certain and fails to return, a default warrant issues. If a defendant has concluded his criminal case but has failed to complete the terms of probation, a default warrant will issue if the defendant fails to appear in response to a probation violation notice. Like an arrest warrant, the default warrant is a process by which a defendant is brought before the court and permits the police to make an arrest on the warrant. Since 1994 all warrants in Massachusetts are entered into a computer system known as the Warrant Management System. Information in this system is communicated with the Criminal Justice Information System, which means that all defaults are entered on a defendant?s criminal record. This warrant information is also communicated to all law enforcement agencies (who can make an arrest) and to the Registry of Motor Vehicles. Once the Registry of Motor Vehicles is informed of a default, the defendants motor vehicle license is suspended until such time as the warrant is removed. Warrants, whether they are arrest warrants or default warrants, are problematic for out-of-state defendants. Most courts will require defendants to appear before the court to remove a warrant. At times some courts may allow an attorney to appear for the defendant to remove a default warrant. The most common situation where an attorney can appear for a defendant is when the case has been resolved but court costs are owed. The attorney, with the court?s permission, may be able to stand in for the defendant and provide payment to the court on behalf of the defendant. On occasion, particularly with minor misdemeanor offenses, a good defense attorney may be able to persuade the Assistant District Attorney to agree to dismiss the charges upon the payment of costs. If such an agreement is reached and the court permits, the defense attorney may be able to stand in for the defendant, pay the costs and dispose of the case. If a defendant has a pending arrest warrant or default warrant, he is best served if he contacts an experienced criminal attorney to appear with him to remove any warrant. With any warrant a defendant always faces the possibility of bail or being held without bail. By appearing in court to remove a warrant with an attorney, the defendant and his attorney will be prepared to counter any argument for a high bail or to be held without bail.... Read Answer

I am a bit unclear as to the question. However, in Shoplifting cases the store usually detains you and calls the police. Since it is a misdemeanor with a maximum penalty of $250 for a 1st offense in MA, the police will typically not arrest but instead have you summonsed for a Clerk's Hearing. This is an excellent opportunity for you to resolve this without a criminal record. Call my office if you wish to discuss your options in greater detail at (508) 752-7500.... Read Answer