Massachusetts Criminal Defense Legal Questions

A skilled criminal defense attorney would need to discuss this matter with you in greater detail, & ask you many questions, before he/she could give you the proper legal advice (& a quote) you are seeking. Schedule a consultation ASAP. Once the case is resolved to your satisfaction, you'll be glad you paid the money to hire her/him & properly protect your legal rights.... Read Answer

I answer this question at least ten times a week. You can ask his lawyer to relay your wishes to the prosecutor but you have no right or power to "drop the charges" as most women want to. You can also speak at his sentencing but he is going to have to get counseling, probation, or jail in most cases.... Read Answer

He would need a lawyer to get a reasonable plea bargain. Depending on the facts of the charges, the best he could hope for is 3 yrs probation. As far as his sister wanting to drop charges is concerned, once a police report has been made, the allegations and charges are sent to the District Attorney to determine whether to file charges with the court. The decision to file charges, reduce charges, prosecute a case or dismiss a case is solely at the discretion of the District Attorney or Prosecuting Attorney. If the "victim", his sister, wishes to have the charges dropped or dismissed, she should talk with the D.A. However, the final decision will be up to the D.A.... Read Answer

There are a number of possible defenses you may employ successfully. I particularly like the fact that you were not found in physical possession of the firearm and there are no prints on the gun. The investigative report must be reviewed in great detail to ascertain if there are witness statements or other forensic evidence connecting you to the firearm. Contact an experienced criminal defense attorney as soon as possible.... Read Answer

You should not call the police, that would only make matters worse. You can get him into a drug counseling program or NA meeting if you do not have insurance. You must keep him from smoking cigarettes as that is a totally foolish decision. As gar as smoking pot, it is better than using hard drugs or alcohol and not as dangerous as cigarettes. You cannot make him stop, you can explain to him that he should not smoke it or carry it in public, sell it, give it away (same as a sale), or bring it to school.... Read Answer

You always have the right to retain counsel of your choice. Once you hire private counsel, they will notify/contact your court appointed attorney. Private counsel will usually file appointed counsel's notice of withdrawal along with private counsel's appearance. This is the smoothest transition so as to ensure a complete transfer of information from one attorney to another.... Read Answer

A third offense shoplifting in Massachusetts carries a fine of up to $500 and/ or imprisonment in jail for up to two years. Because the value of the goods exceeded $100 it is possible that the police will charge you with larceny as opposed to shoplifting. Larceny carries a fine of up to $1000 and/or up to 2 1/2 years in jail. Because there was a no trespass order in effect at the time of the third offense shoplifting it is likely that the police will further charge you with trespassing. Trespass carries a fine of $100 and up to 30 days in jail. You would be foolish to enter a courtroom without a lawyer in this matter.... Read Answer

Fortunately for your friend, it appears that the Massachusetts "three strike rule" does not apply to the particular offenses. Furthermore, recent legislation concerning marijuana possession has changed the standard for searches and seizures regarding the smell of marijuana. In some cases, the smell of marijuana in and of itself does not warrant the search of a vehicle. In others, however, if the facts and circumstances could lead an officer to believe that a driver is impaired, there may be grounds for a valid search and seizure. These types of cases are very fact specific. The facts surrounding the officer's search will dictate whether the subsequent seizure of firearms and drugs may be suppressed at trial.... Read Answer

Probably. But, I only practice in PA and can only answer how our judges would handle that issue. I think you could talk to the DA or probation officer to strike a deal, or, hire a lawyer to petition the judge to release him. In the petition inform the judge that funds are now available to pay restitution in full.... Read Answer

If your husband's bail was posted, he will be released from the jail after he is processed by the correctional authority. He will need to be picked up by someone as the jail releases the prisoner to the outside of the facility without providing a means for the former prisoner to get back to his residence. Most prisons have public transportation that stops in the vicinity of the jail so your husband might be able to utilize public transportation to get back home if he has the funds for the fare.... Read Answer

Fighrt it in COurt. Plead Not Guilty and ask for a Jury Trial. You need a lawyer with criminal law experience. I am a former Assistant District Attorney in Suffolk County and handle defense of criminal cases now. Call me for consult. John N. Tramontozzi, Esq. 781-662-0900 www.mandtlaw.com  ... Read Answer