New York Criminal Defense Legal Questions

In Massachusetts, the 209A Protective order requires that the person you have the order against must be either an adult or minor family or household member, which is defined within the statute as "Family or household members" persons who: a) Are or were married to one another; b) are or were residing together in the same household; c) are or were related by blood or marriage; d) having a child in common regardless of whether they have ever married or lived together; or e) are or have been in a substantive dating relationship, which shall be adjudged by district, probate or Boston municipal courts consideration of the following factors: 1) the length of time of the relationship; 2) the type of relationship; 3) the frequency of interaction between the parties; and 4) if the relationship has been terminated by either person, the length of the time elapsed since the termination of the relationship. It is unlikely from what you have provide that you would be entitled to a Restraining Order under the section. Your boyfriend would likely satisfy the requirement, depending on how long it has been since they split and what she is doing to harass him now. You could probably qualify in Massachusetts under Chapter 258E, which is the Harassment Order statute. Here the relationship requirement is unnecessary. However, it does require that there be at least three (3) instances of abuse. It doesn't sound like this should be a hindrance for you.... Read More

Not illegal, but incredibly cruel and stupid. You need to find a counselor to help you regain your self esteem. Your dad has some serious mental or emotional issues and you want to avoid being more damaged from him. I am truly sorry for you, and I hope you can find the strength to get over it and make a better life for yourself.... Read More

If the charge that you will be appearing on is in fact a minor traffic infraction that occurred 9 years ago you should be able to negotiate a very favorable disposition, especially if you live in the jurisdiction of the Town Court and are known as a local resident. However, if you are that nervous perhaps you should retain a knowledgeable local attorney to represent you.... Read More

Judgment is not final until you've been sentenced, so there is not a conviction until a sentence is imposed. Usually, SORA registration takes place after sentencing when the SORA level is determined. You did not explain the reason for the interim probation, but that usually effects the plea deal.... Read More