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Frequently Asked Questions
Navigating the complexities of the legal system can be overwhelming, especially when facing potential criminal charges. To help you better understand your situation and options, we’ve compiled a list of frequently asked questions that can be filtered by topic for your convenience.
Whether you’re seeking a criminal attorney or simply looking for more information, The Law Offices of Elliot Savitz & Scott Bradley are here to assist. Our experienced attorneys are ready to answer any additional questions you may have and provide personalized guidance based on your unique circumstances.
Best of all, we offer a complimentary initial consultation to quickly assess your situation and determine whether you need a criminal defense attorney. During this consultation, we’ll explain your options, discuss potential outcomes, and outline how we can help you achieve the best possible result.
- All
- Assault or Battery
- Court Processes and Procedures
- DUI or Suspended License
- Felony
- Legal Advice
- Legal Representation
- Misdemeanor
- Murder Charges
- Personal Protection Order
- Suspension or Expulsion
- Warrants
Self-defense may be used as a defense in Massachusetts if you can demonstrate that you were under immediate threat of death or serious injury, used only reasonable force to protect yourself, and had no other way to avoid harm. If successfully argued, self-defense can lead to an acquittal or a reduction in charges.
Applying Self-Defense in a Murder Trial
In a murder trial, the defense has the burden of introducing evidence that suggests self-defense, after which the prosecution must disprove self-defense beyond a reasonable doubt. The jury will consider factors such as:
- The nature of the threat
- Whether the defendant could have safely retreated
- The reasonableness of the defendant’s fear and response
- Whether the force used was proportional to the threat faced
The use of self-defense requires evidence, such as witness testimony, surveillance footage, or expert analysis on self-defense tactics, to support the defendant’s claim.
Exceptions and Limitations
Massachusetts law limits self-defense claims in certain circumstances. For example:
- Escalation of Force: If the defendant initially used reasonable force but then escalated to excessive or unnecessary lethal force, the self-defense claim may be invalid.
- Defense of Others: Massachusetts also allows individuals to use force to defend others if they reasonably believe the person they are defending faces imminent harm or death.
- Self-Defense Against Law Enforcement: Generally, Massachusetts does not permit self-defense claims against police officers acting in the line of duty, unless the officer uses excessive or unlawful force.
Impact of Self-Defense on Murder Charges
If successfully argued, self-defense can result in a full acquittal. However, if self-defense is partially valid but certain actions by the defendant went beyond the bounds of reasonable force, a murder charge could potentially be reduced to manslaughter. This reduction acknowledges the circumstances that led to the use of force but applies a lesser penalty due to the excessive response.
Challenges in Proving Self-Defense
In murder cases, self-defense claims can be complex, as the prosecution will work to challenge the validity of the defendant’s beliefs and actions. The prosecution may argue:
- The threat was not immediate or life-threatening
- The defendant could have retreated safely
- The use of lethal force was excessive given the situation
Given these challenges, defendants need skilled legal representation to present a compelling self-defense case. An experienced attorney can assess the evidence, challenge the prosecution’s assertions, and highlight factors that justify self-defense under Massachusetts law.
Yes, Massachusetts law includes what is known as the “felony murder rule,” which allows someone to be charged with murder if a killing occurs during the commission or attempted commission of a life felony, even if they did not directly cause the death. For example, if a person dies during a robbery you’re involved in, you could face a murder charge.
If you’re charged and found guilty of murder in a federal court, the penalties can be as severe as those in state court, including life imprisonment or, in some cases, the death penalty. Federal cases often involve murders committed on federal property or in conjunction with federal crimes, like racketeering. Federal murder charges require specialized defense, and it’s critical to seek experienced legal counsel.
Facing a license suspension after a DUI charge can be daunting and disruptive. Losing your driving privileges can impact your daily life, job, and overall freedom. However, there are steps you can take to address the suspension and work toward getting your license reinstated. Here’s what you should do if your license is suspended after a DUI charge in Massachusetts.
1. Understand the Reason for Suspension
First, understand why your license was suspended. In Massachusetts, a DUI (Driving Under the Influence) can lead to license suspension for several reasons, including:
- Refusal to take a breathalyzer or other chemical test (implied consent law)
- Failing a breathalyzer test
- A DUI conviction
Each scenario has different implications and procedures for addressing the suspension.
2. Request a Hearing
You have the right to request a hearing with the Massachusetts Registry of Motor Vehicles (RMV) to contest the suspension. The hearing process depends on the type of suspension:
- Chemical Test Refusal: You must request a hearing within 15 days of the suspension notice.
- Chemical Test Failure: A hearing request must be made promptly after receiving the suspension notice.
At the hearing, you can present your case and any evidence that may support the reinstatement of your driving privileges.
3. Hire an Experienced DUI Attorney
Navigating the complexities of DUI laws and license suspension procedures can be challenging. An experienced DUI attorney can:
- Help you understand your rights and options
- Represent you at RMV hearings
- Build a strong defense for your case
- Negotiate for reduced penalties or alternative sentencing options
The Law Offices of Elliot Savitz & Scott Bradley can provide expert legal assistance. Call us at (781) 974-3429 for a FREE CONFIDENTIAL LEGAL CONSULTATION.
4. Explore Eligibility for a Hardship License
If your license suspension creates significant hardship, such as difficulty getting to work or medical appointments, you may be eligible for a hardship license. This type of license allows limited driving privileges under specific conditions. To qualify, you typically need to:
- Complete a portion of your suspension period
- Enroll in an alcohol education program
- Provide proof of hardship (e.g., employment or medical needs)
Your attorney can help you determine if you qualify and assist with the application process.
5. Complete Required Programs
Massachusetts often requires drivers convicted of DUI to complete alcohol education or treatment programs. These programs are designed to address substance abuse issues and promote safe driving behavior. Completing these programs is usually a prerequisite for license reinstatement.
6. Pay Fines and Fees
License reinstatement often involves paying various fines and fees. Ensure that all financial obligations related to your DUI charge and suspension are met. Keeping track of these payments and retaining receipts is important for your records.
7. Follow All Court and RMV Orders
Compliance with all court and RMV orders is crucial. This includes attending court dates, completing any ordered community service, and adhering to any probation terms. Failure to comply can result in further penalties and delays in reinstating your license.
8. Prepare for the Reinstatement Process
When you have met all the requirements for reinstatement, you must apply to the RMV to get your license back. This process typically involves:
- Submitting proof of completed programs
- Paying any remaining fees
- Providing documentation of your eligibility
Conclusion
A license suspension after a DUI charge in Massachusetts can significantly impact your life, but taking proactive steps can help you regain your driving privileges. Understanding the reason for your suspension, requesting a hearing, hiring an experienced attorney, and following all required steps are crucial to navigating this challenging situation.
For personalized legal advice and representation, contact The Law Offices of Elliot Savitz & Scott Bradley at (781) 974-3429 for a FREE CONFIDENTIAL LEGAL CONSULTATION. We are here to help you through every step of the process and work towards the best possible outcome for your case.
Being accused of assault in Massachusetts is a serious matter that can have significant legal and personal repercussions. How you respond in the immediate aftermath can greatly impact the outcome of your case. Here are crucial steps to take if you find yourself accused of assault.
- Stay Calm and Composed – Your initial reaction can influence how authorities perceive you. It’s important to remain calm and composed, avoiding any aggressive or defensive behavior. Composure can help you think clearly and make better decisions.
- Do Not Admit Guilt or Make Statements – It’s essential to avoid making any statements to the police or anyone else about the incident without legal counsel present. Anything you say can be used against you in court. Politely inform the authorities that you wish to speak with an attorney before discussing the case.
- Contact a Criminal Defense Attorney Immediately – One of the most critical steps you can take is to contact an experienced criminal defense attorney. An attorney can provide you with legal advice, protect your rights, and begin building a defense strategy. Reach out to The Law Offices of Elliot Savitz & Scott Bradley at (781) 974-3429 for a FREE CONFIDENTIAL LEGAL CONSULTATION.
- Document the Incident
- As soon as possible, write down everything you remember about the incident. Include details such as:
- The events leading up to the altercation
- The actions and words of all parties involved
- The location and time of the incident
- Any witnesses who were present
- This information can be invaluable to your attorney as they prepare your defense.
- Preserve Evidence – If you have any physical evidence related to the incident, such as clothing, photographs, or video recordings, make sure to preserve it. Do not alter or discard any potential evidence, as it could be crucial to your defense.
- Identify and Contact Witnesses – Witnesses can provide important testimony that supports your version of events. Identify anyone who may have seen the incident and ask for their contact information. Share this information with your attorney, who can follow up and obtain formal statements.
- Avoid Contact with the Alleged Victim – While it may be tempting to explain your side of the story or resolve the matter personally, it’s important to avoid any contact with the alleged victim. Communication can be misinterpreted and used against you in court. Let your attorney handle all interactions related to the case.
- Follow Legal Advice and Court Orders – If you are given a court date or any legal orders, such as a no-contact order, make sure to comply fully. Failure to follow legal instructions can result in additional charges and complications in your case.
- Prepare for Court Appearances – Your attorney will guide you through the court process, but it’s important to be prepared. Dress appropriately, arrive on time, and follow courtroom etiquette. Demonstrating respect for the legal process can positively influence how you are perceived by the judge and jury.
- Stay Informed and Involved – Stay in regular contact with your attorney and stay informed about the progress of your case. Your active involvement and cooperation are essential to achieving the best possible outcome.
Conclusion
Being accused of assault in Massachusetts is a serious and stressful situation, but taking the right steps immediately can make a significant difference. By staying calm, seeking legal representation, and following the advice of your attorney, you can protect your rights and build a strong defense.
If you or a loved one has been accused of assault, contact The Law Offices of Elliot Savitz & Scott Bradley at (781) 974-3429 for a FREE CONFIDENTIAL LEGAL CONSULTATION. We are here to help you navigate this challenging time and ensure the best possible outcome for your case.
In Massachusetts, self-defense is a recognized legal justification for committing an act that would otherwise be considered assault. However, to successfully claim self-defense, certain conditions must be met. Understanding these requirements is crucial for anyone involved in an assault case where self-defense is asserted.
Legal Definition of Self-Defense in Massachusetts
Self-defense in Massachusetts is defined as the use of reasonable force to protect oneself from imminent harm or injury. The law allows individuals to defend themselves, but the force used must be proportional to the threat faced.
Key Elements of Self-Defense
- Imminent Threat: The defendant must have believed that they were in immediate danger of being harmed. This belief must be reasonable, meaning that a typical person in the same situation would also perceive a threat.
- Proportional Force: The force used in self-defense must be proportionate to the threat. If the attacker uses non-lethal force, responding with deadly force would generally not be considered reasonable.
- Duty to Retreat: In Massachusetts, there is a duty to retreat if it is safe to do so. This means that if you can avoid the confrontation without using force, you are legally required to take that route. However, this duty does not apply if you are in your own home (known as the “Castle Doctrine”).
- Initial Aggressor: If the defendant was the initial aggressor in the conflict, claiming self-defense becomes more complicated. The aggressor must clearly withdraw from the confrontation and communicate this withdrawal to the other party before being able to claim self-defense.
Applying Self-Defense in Court
When asserting self-defense in an assault case, the defendant must present evidence supporting their claim. This can include witness testimony, physical evidence, and any other relevant information that demonstrates the reasonable belief of imminent danger and the proportionality of the response.
The prosecution, on the other hand, will attempt to disprove the self-defense claim by showing that the defendant was not in imminent danger, that the force used was excessive, or that the defendant had the opportunity to retreat safely but did not.
Importance of Legal Representation
Successfully claiming self-defense in Massachusetts requires a thorough understanding of the law and the ability to present a compelling case. An experienced criminal defense attorney can help gather evidence, find witnesses, and build a strong defense strategy. They can also navigate the complexities of the legal system, ensuring that your rights are protected throughout the process.
Conclusion
Self-defense is a legitimate defense in assault cases in Massachusetts, but it comes with specific requirements and limitations. Understanding these legal nuances is essential for anyone facing assault charges and considering a self-defense claim. If you find yourself in such a situation, contacting a knowledgeable attorney is crucial to effectively present your case and protect your future.
For a FREE CONFIDENTIAL LEGAL CONSULTATION, contact The Law Offices of Elliot Savitz & Scott Bradley at (781) 974-3429. We are here to help you navigate your legal challenges and ensure the best possible outcome.
Tips on Fighting a DUI Charge in Massachusetts
What should I do immediately after being charged with a DUI in Massachusetts?
- Stay Calm: Keep your composure during the traffic stop and subsequent arrest.
- Document Everything: Write down every detail you remember about the incident, from the moment you were pulled over to the arrest.
- Consult a Lawyer: Contact an experienced DUI attorney as soon as possible for legal guidance.
How can a DUI attorney help me?
A skilled DUI attorney can:
- Analyze the details of your arrest and identify any procedural errors.
- Challenge the legality of the traffic stop.
- Question the accuracy and administration of sobriety tests and breathalyzer results.
- Negotiate for reduced charges or alternative sentencing options.
What are common defenses against a DUI charge?
- Improper Traffic Stop: Arguing that the officer lacked reasonable suspicion to stop your vehicle.
- Faulty Sobriety Tests: Challenging the reliability and administration of field sobriety tests.
- Inaccurate Breathalyzer Results: Questioning the calibration and maintenance of the breathalyzer device.
- Medical Conditions: Demonstrating that certain medical conditions affected the results of sobriety tests.
Can I refuse a breathalyzer or field sobriety test in Massachusetts?
Yes, you can refuse these tests. However, refusal can result in an automatic license suspension under Massachusetts’ implied consent laws. It’s important to weigh this decision carefully and consult with an attorney about the implications.
What should I do if my license is suspended after a DUI charge?
- Request a Hearing: You have the right to request a hearing with the Massachusetts Registry of Motor Vehicles (RMV) to contest the suspension.
- Hardship License: Explore the possibility of obtaining a hardship license, which allows limited driving privileges under certain conditions.
What penalties am I facing for a DUI conviction in Massachusetts?
Penalties vary based on the specifics of the case and prior offenses, but they may include:
- Fines
- License suspension
- Mandatory alcohol education programs
- Community service
- Jail time for repeat offenders
How important is it to attend all court dates and mandatory programs?
Very important. Failing to attend court dates or mandated programs can result in additional penalties, including arrest warrants and further suspension of your driving privileges.
Can I negotiate a plea bargain for a DUI charge?
Yes, an experienced DUI attorney can negotiate with the prosecution to potentially reduce your charges or penalties. This might involve pleading guilty to a lesser offense in exchange for a lighter sentence.
What should I look for in a DUI attorney?
- Experience: Look for an attorney with a strong background in DUI cases.
- Track Record: Check their success rate in defending DUI charges.
- Client Reviews: Read testimonials from past clients.
- Communication: Choose an attorney who communicates clearly and keeps you informed throughout the process.
How can I contact your office for a consultation?
You can reach The Law Offices of Elliot Savitz & Scott Bradley at (781) 974-3429 for a FREE CONFIDENTIAL LEGAL CONSULTATION. We are here to help you navigate your DUI charge and protect your rights.
A Personal Protection Order (PPO) is a powerful legal tool designed to safeguard individuals from harassment, abuse, or threats. It imposes restrictions on the behavior of someone who poses a danger to the petitioner. In Massachusetts, anyone facing such threats—whether from a domestic partner, family member, acquaintance, or even a stranger—has the right to file for a PPO.
How to File for a PPO in Massachusetts
To initiate the process of obtaining a PPO, the petitioner must visit their local courthouse and complete a complaint form. This form requires detailed information, including:
- Specific incidents of abuse, harassment, or threats.
- The identity and contact information of the respondent.
- The nature of the relationship between the petitioner and the respondent (if any).
Once the complaint is filed, a hearing is typically held before a judge on the same day. During this hearing, the judge will review the evidence presented and decide whether to issue a temporary PPO. If granted, this temporary order offers immediate protection and remains in effect until a full hearing can take place.
A full hearing is usually scheduled within 10 days of the temporary PPO being issued. At this hearing, both the petitioner and the respondent have the opportunity to present evidence, call witnesses, and testify. The judge will then determine whether a permanent PPO should be granted. If issued, a permanent PPO can last up to one year and can be extended if necessary.
What Can a PPO Include?
A PPO can include a range of provisions designed to protect the petitioner, such as:
- No-Contact Orders: Prohibiting the respondent from contacting or approaching the petitioner in any way, including via phone, email, or social media.
- Residence Orders: Requiring the respondent to vacate a shared residence or stay away from the petitioner’s home.
- Proximity Restrictions: Barring the respondent from coming near the petitioner’s workplace, school, or other frequented locations.
- Child Custody Arrangements: Establishing temporary custody or visitation terms if children are involved.
These provisions are tailored to address the specific circumstances of the petitioner’s situation and ensure their safety.
Can the Terms of a PPO Be Modified?
Yes, the terms of a PPO can be modified. Either party—whether the petitioner or the respondent—can file a motion with the court requesting changes to the order. Upon receiving such a motion, the court may schedule a hearing to consider the requested modifications, where both parties can present their case.
Do You Need a Lawyer to File for a PPO?
While it is not legally required to have an attorney when filing for a PPO, legal representation can be highly beneficial. An experienced lawyer can help navigate the complexities of the legal process, ensure that all necessary evidence is presented, and advocate for the strongest possible protections. For those who cannot afford a lawyer, legal aid organizations in Massachusetts can provide assistance.
If you or someone you know is in need of a Personal Protection Order, it’s important to act quickly and seek legal advice to protect your safety and well-being.
Perhaps you are in college or high school, and the school is threatening you with a suspension, or even worse, an expulsion. These disciplinary actions can have far-reaching consequences beyond the immediate punishment. Not only may the suspension or expulsion appear on your school record, but you may also face significant challenges in enrolling in another school or continuing your education. Here’s what you need to know and why seeking legal advice is crucial.
The Impact of Suspension or Expulsion
- Academic Record: A suspension or expulsion can permanently mark your academic record, potentially affecting your future educational and career opportunities.
- Enrollment Challenges: Many schools, colleges, and universities require disclosure of past disciplinary actions during the application process. A record of suspension or expulsion can hinder your chances of being accepted into another institution.
- Financial Aid: Disciplinary actions can also affect your eligibility for financial aid, scholarships, and grants, making it more difficult to afford continuing education.
Common Scenarios Leading to Suspension or Expulsion
- Arguments and Physical Altercations: You might have had a minor argument with a roommate or friend that escalated into pushing or shoving. Even if no one was seriously hurt, schools often have strict policies against physical altercations.
- Possession of Prohibited Substances: Perhaps you were caught with a small amount of marijuana or other prohibited substances. Even if there are no criminal charges, many schools have zero-tolerance policies that can lead to severe disciplinary actions.
- Misunderstandings and False Accusations: Sometimes, misunderstandings or false accusations can lead to disciplinary actions. It’s crucial to present your side of the story effectively to avoid unjust punishment.
The Consequences
Even if there are no criminal charges, the consequences of suspension or expulsion can be devastating:
- Loss of Education: Being barred from school means missing out on valuable education and falling behind your peers.
- Social Stigma: Suspension or expulsion can carry a social stigma that affects your relationships and standing within your community.
- Future Limitations: Your future opportunities for education and employment can be severely limited by a disciplinary record.
What Should You Do?
If you find yourself facing the possibility of suspension or expulsion, it’s essential to act quickly and seek legal advice. Here’s why:
- Understanding Your Rights: A legal expert can help you understand your rights and the school’s obligations under the law. Schools must follow specific procedures before imposing disciplinary actions, and any deviation from these procedures can be challenged.
- Building a Defense: An attorney can help gather evidence, identify witnesses, and build a strong defense to present at your hearing. This can include challenging the school’s evidence and presenting mitigating factors.
- Negotiating Outcomes: Sometimes, it may be possible to negotiate a lesser penalty or alternative disciplinary action that has less severe consequences for your future.
- Ensuring Fair Treatment: Legal representation ensures that you are treated fairly and that your voice is heard during the disciplinary process. An attorney can advocate on your behalf and ensure that the school follows due process.
Facing suspension or expulsion can be a daunting and stressful experience, but you don’t have to navigate it alone. The consequences of disciplinary actions can be severe, affecting your education and future opportunities. If you’re unsure of what to do, seeking legal advice is a critical first step. Contacting a knowledgeable attorney can help you understand your rights, build a defense, and ensure the best possible outcome for your situation.
» Learn more on School Suspension, Expulsion & Academic Probation
Facing criminal charges can be one of the most stressful and challenging experiences in your life. In such situations, having legal representation isn’t just advisable—it’s crucial. A lawyer plays an essential role in protecting your rights, guiding you through the complexities of the legal system, and crafting a robust defense strategy. Here’s why hiring a lawyer is vital at every stage of your criminal case.
The Importance of Legal Representation
Protection of Your Rights
Your constitutional rights are at the heart of any criminal case. A lawyer ensures these rights are protected, shielding you from self-incrimination and preventing any violations by law enforcement or the prosecution. Without a lawyer, you risk making mistakes that could severely damage your defense.
Expert Navigation of the Legal System
The legal system is intricate and filled with procedures, deadlines, and paperwork that must be handled with precision. A lawyer’s expertise ensures that you navigate these complexities effectively, meeting all legal requirements and deadlines. Without proper guidance, you might miss critical opportunities to strengthen your case.
Strategic Defense
An experienced attorney develops a defense strategy tailored to the specific circumstances of your case. This strategy includes identifying flaws in the prosecution’s evidence, finding favorable witnesses, and using legal precedents to your advantage. A well-prepared defense can lead to reduced charges, a favorable plea deal, or even a complete dismissal of your case.
Critical Stages Where a Lawyer is Essential
Clerk’s Hearings (Show Cause Hearings)
At a clerk’s hearing, a lawyer can argue on your behalf to prevent a criminal complaint from being issued. If successful, this can stop the case from advancing to court, thus keeping your record clean.
Arraignments
During your arraignment, your lawyer will explain the charges against you, advise on the best plea to enter, and argue for favorable bail conditions. The outcome of your arraignment can significantly impact your ability to prepare for trial while out of custody.
Pre-Trial Conferences
At pre-trial conferences, your lawyer can negotiate with the prosecution to explore plea deals or discuss the possibility of dismissing the charges. This stage is also crucial for gathering evidence and fine-tuning your defense strategy.
Motions
Pre-trial motions can have a significant impact on your case. Whether it’s a motion to suppress evidence, dismiss charges, or challenge the prosecution’s actions, a lawyer knows how to file and argue these motions effectively to improve your chances in court.
Probation Surrenders
If you’re facing a probation surrender, a lawyer can advocate on your behalf to maintain your probation status and avoid additional penalties. They will present mitigating factors and defend against the alleged violations to protect you from harsher consequences.
How a Lawyer Can Improve Your Outcome
In-Depth Legal Knowledge
Lawyers are trained to understand and interpret the law, allowing them to identify legal errors or violations that could benefit your case. They can challenge improper evidence, procedural mistakes, and any unlawful actions taken against you.
Negotiation Skills
Lawyers are skilled negotiators who can work with prosecutors to reduce charges, negotiate a plea deal, or secure a more lenient sentence. Their negotiation skills can significantly impact the outcome of your case.
Courtroom Experience
A seasoned lawyer knows how to present your case in court, effectively question witnesses, and deliver persuasive arguments to the judge and jury. Their courtroom experience can make a crucial difference in the trial’s outcome.
Get the Legal Support You Need
If you or a loved one is facing criminal charges, it’s imperative to seek legal assistance as soon as possible. At The Law Offices of Elliot Savitz & Scott Bradley, our attorneys are dedicated to protecting your rights and achieving the best possible outcome for your case.
Contact us today for a FREE CONFIDENTIAL LEGAL CONSULTATION at (781) 974-3429. Let our experienced team guide you through this challenging time and provide the legal support you need.
Don’t leave your future to chance—hire a professional lawyer who can make a significant difference in the outcome of your case.
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Is it the case that you forgot to make a payment on your car insurance and now your insurance and registration have been cancelled? You are stopped by the police and could be charged with driving uninsured or unregistered. Your car is being towed, and you are left standing on the side of the road. You have never been in trouble with the law and can’t afford to have a criminal record. On top of that, there’s the potential for you to lose your job, and you just don’t know what to do. You need legal advice.
In all of these cases, and in thousands more, you are panicked and just don’t know where to start. Well, the best place to start is to call The Law Offices of Elliot Savitz, Scott Bradley & Kenneth Diesenhof, at (781) 974-3429. At NO COST TO YOU, we will quickly assess your situation, explain the likely consequences, and describe how we can help you.
Let our highly respected criminal defense attorneys put your mind at ease.
What is Larceny by Check?
Larceny by check is a criminal offense in Massachusetts that occurs when someone writes a check knowing there are insufficient funds in their account to cover it. This can result in serious legal consequences if not addressed promptly.
How does Larceny by Check happen?
Common scenarios include:
- Writing a personal check for merchandise or services without realizing your account has insufficient funds.
- Depositing a check that later bounces, leading to a negative balance.
- Unexpected service charges that cause your account to go negative.
- Believing you would have sufficient funds to cover the check but an emergency arises preventing the deposit.
What should I do if I am accused of Larceny by Check?
If you find yourself accused of larceny by check, it is crucial to take the following steps:
- Do Not Ignore the Situation: Address the issue immediately to prevent further complications.
- Contact the Store or Merchant: Sometimes, resolving the payment directly with the store or merchant can prevent them from pursuing legal action.
- Seek Legal Advice: Contact an experienced criminal defense attorney to discuss your case and explore your options.
What are the potential consequences of Larceny by Check?
Larceny by check is considered a theft crime and can result in:
- Criminal charges
- Fines
- Restitution payments
- Possible jail time
- A permanent criminal record, which can affect future employment and other opportunities
Can an attorney help me with a Larceny by Check charge?
Yes, an experienced attorney can provide valuable assistance by:
- Reviewing the specifics of your case to determine the best defense strategy.
- Negotiating with the store or merchant to settle the matter out of court.
- Representing you in court if necessary to ensure your rights are protected and to strive for the best possible outcome.
What defenses are available for Larceny by Check?
Several defenses might be applicable, including:
- Lack of intent: Demonstrating that you did not knowingly write a bad check.
- Mistake or error: Proving that an honest mistake led to the insufficient funds.
- Repayment: Showing that you have since made good on the payment.
Why is it important to act quickly?
The longer you wait, the more complicated and severe the situation can become. Prompt action can help mitigate potential consequences and demonstrate your willingness to resolve the matter.
How can I learn more or get help?
For more information on larceny by check and to get legal assistance, contact The Law Offices of Elliot Savitz, Scott Bradley & Kenneth Diesenhof at (781) 974-3429 for a FREE CONFIDENTIAL LEGAL CONSULTATION. Our experienced attorneys are here to help you navigate the legal process and protect your rights.
Don’t let a mistake lead to a criminal record. Get the legal help you need to address a larceny by check charge and secure your future.
What to Do if a Restraining Order is Filed Against You
Facing a restraining order can be a stressful and disorienting experience, especially if you believe the allegations are false. It’s crucial to handle the situation with care to protect your rights and prevent additional legal issues. Here’s what you need to know and do if you find yourself subject to a restraining order.
Common Situations Leading to a Restraining Order
Relationship Breakdown
Sometimes, a restraining order may be sought by a spouse or partner following the end of a relationship, especially if they have moved on with someone else.
Immigration Issues
A non-American spouse might file a restraining order as a strategy to stay in the country, seeking to remain legally while distancing themselves from you.
Domestic Disputes
In cases where a new partner has children, there may be allegations of abuse fabricated to remove you from your home and disrupt your life.
Consequences of a Restraining Order
Probation Record
A restraining order will be recorded on your probation record, potentially affecting future legal matters.
Legal Restrictions
The order will impose restrictions on your behavior, such as no-contact directives and possibly requiring you to vacate your residence. Compliance with these restrictions is mandatory.
Potential Criminal Charges
Violating the terms of a restraining order can lead to criminal charges. The person who obtained the order can file a complaint, which could result in jail time if the order is breached.
Steps to Take if a Restraining Order is Filed Against You
Stay Calm
It’s important to stay composed and avoid making hasty decisions. Assess the situation calmly to understand the implications and plan your next steps.
Do Not Violate the Order
Even if you believe the restraining order is unfair, it is crucial to comply with all its terms. Violating the order can lead to additional legal trouble, including potential criminal charges.
Seek Legal Advice
Contact an experienced attorney as soon as possible. A lawyer can provide crucial guidance on how to respond to the restraining order, help you understand your rights, and develop a defense strategy. They will navigate the legal process on your behalf and work to protect your interests.
Conclusion
Navigating the legal system with a restraining order against you requires careful handling and legal expertise. By staying calm, complying with the order, and seeking prompt legal advice, you can better manage the situation and work towards a resolution.
If you’re facing a restraining order and need legal assistance, contact The Law Offices of Elliot Savitz & Scott Bradley today for a FREE CONFIDENTIAL LEGAL CONSULTATION at (781) 974-3429. Our experienced attorneys are here to help you understand your rights and guide you through this challenging process.
What to Do If You Have an Outstanding Warrant in Massachusetts
Finding out that you or a loved one has an outstanding warrant in Massachusetts can be a stressful and confusing experience. Whether the warrant is from a recent issue or an old case you thought was resolved, it’s important to address it promptly to avoid further complications. This blog post will guide you through what to do if you find yourself in this situation.
Understanding the Situation
Warrants can be issued for various reasons, including failing to appear in court, not paying fines, or violating probation terms. Sometimes, these warrants can be related to cases that are years old, and you may not even remember what the original issue was about. It’s also possible that you thought the matter was resolved, only to discover that there is an outstanding warrant when you attempt to renew your driver’s license or learn that your social security benefits are at risk.
Regardless of the specifics, the first step is to understand the nature of the warrant. Is it related to an unpaid fine, missed court appearance, or something more serious? Knowing this will help you and your attorney address the situation appropriately.
The Importance of Legal Advice
The most crucial step you can take when you discover an outstanding warrant is to seek legal advice immediately. A knowledgeable criminal defense attorney can help you understand the implications of the warrant and guide you through the process of resolving it.
Here’s why getting legal advice is essential:
- Expert Guidance: An attorney will help you understand the details of your case and the best course of action. They can access court records, explain what led to the warrant, and advise you on how to proceed.
- Avoiding Arrest: Depending on the nature of the warrant, you could be at risk of arrest if you ignore it. An attorney can help you take proactive steps to resolve the warrant, potentially avoiding arrest altogether.
- Navigating the Legal System: The legal system can be complex and intimidating, especially if you’re dealing with an old case. An attorney will guide you through the necessary legal processes, such as appearing in court or negotiating with the prosecution, to resolve the warrant.
- Protecting Your Rights: Legal representation ensures that your rights are protected throughout the process. Your attorney can negotiate on your behalf, work to reduce penalties, and help you avoid additional legal issues.
Steps to Take
Once you’ve consulted with an attorney, they will likely advise you on the following steps:
- Resolve Any Outstanding Issues: If the warrant is due to unpaid fines, fees, or restitution, you’ll need to address these payments. Your attorney can help you navigate the payment process and, in some cases, negotiate reduced fines.
- Appear in Court: If the warrant is related to a missed court date, you may need to appear in court to resolve the issue. Your attorney can represent you in court, explain your situation to the judge, and work to resolve the matter favorably.
- Clear Your Record: In some cases, it may be possible to have the warrant cleared from your record. Your attorney will advise you on whether this is an option and guide you through the process.
Conclusion
Dealing with an outstanding warrant in Massachusetts can be overwhelming, but you don’t have to face it alone. The most important thing you can do is seek legal advice as soon as possible. An experienced criminal defense attorney will help you understand the situation, protect your rights, and work towards resolving the warrant so you can move forward with your life.
If you or a loved one has discovered an outstanding warrant, don’t wait. Contact a qualified criminal defense attorney today to discuss your options and begin the process of clearing your name.
In all 50 states, including Massachusetts, criminal charges fall into two main categories: misdemeanors and felonies. These distinctions, protected by federal criminal codes, determine the severity of the crime and the potential consequences if convicted. If you find yourself facing any criminal charges in Massachusetts, it is crucial to seek counsel from a skilled criminal defense attorney. Understanding the difference between these charges and securing proper legal representation can make a significant difference in the outcome of your case.
Misdemeanor vs. Felony: Understanding the Differences
Misdemeanor Crimes in Massachusetts
Under Massachusetts law, a misdemeanor is defined as a crime that is not punishable by confinement in state prison. While misdemeanors are generally considered less severe than felonies, they can still result in significant consequences, including jail time, fines, and a criminal record. Common examples of misdemeanors in Massachusetts include:
- Fishing and hunting violations
- Most criminal motor vehicle offenses
- Disorderly conduct
- Concealment of merchandise (shoplifting)
- Trespassing
- Drug possession
Despite being less severe, misdemeanors are categorized into a class system that determines the potential penalties. In Massachusetts, misdemeanor charges are classified as follows:
- Class A1 Misdemeanor: Maximum jail time of 150 days
- Class 1 Misdemeanor: Maximum jail time of 120 days
- Class 2 Misdemeanor: Maximum jail time of 60 days
- Class 3 Misdemeanor: Maximum jail time of 20 days
Each class of misdemeanor carries different consequences and requires a tailored legal approach. A criminal defense attorney will work to have charges dismissed, negotiate pre-trial probation, and explore plea options. Ideally, the best outcome would be winning the case at the clerk magistrate’s hearing, which would result in the expungement of all related charges from your record.
Felony Crimes in Massachusetts
Felony charges represent the most serious criminal offenses in Massachusetts and can have a lasting impact on your life. A felony is punishable by state prison sentences or, in the most extreme cases, the death penalty. The severity and intent behind the crime distinguish felonies from misdemeanors. Examples of felony crimes in Massachusetts include:
- Kidnapping
- Rape
- Murder
- Indecent assault
- Burglary
- Gun charges
The sentencing process for felonies in Massachusetts is notably different from misdemeanors. Felonies do not fall under a class system; instead, they are categorized as either “indeterminate,” where the punishment includes a range of prison time, or they specify a maximum punishment time, especially for habitual offenders. The repercussions of a felony conviction can include the loss of fundamental rights, such as the right to vote and own a firearm, and it can severely damage your professional and personal reputation.
Why You Need Professional Legal Representation
Whether you are facing misdemeanor or felony charges, the consequences of a conviction can be life-altering. A knowledgeable criminal defense attorney will provide comprehensive representation, assess the specifics of your case, and develop a defense strategy tailored to your circumstances. At The Law Office of Elliot Savitz, we understand the stakes involved and are committed to protecting your rights and future.
Don’t let criminal charges dictate your life. Seek experienced legal counsel to navigate the complexities of the Massachusetts legal system and work towards the best possible outcome. Contact The Law Office of Elliot Savitz today to discuss your options and begin building your defense.
No. There must be a reasonable suspicion that you committed a crime or you are under arrest, or an inventory search is being carried out prior to a car being towed to allow a police officer search. If the search is illegal, any evidence may be suppressed. However, you could still be convicted on other evidence.
No. If you are in custody and answer an officer’s questions without being read your Miranda rights or told you have a right to an attorney or to be silent, then any incriminating statements you make might be suppressed, which means those statements cannot be used against you at trial. However, you can still be convicted on other evidence.
» Contact us today to review a violation of your Miranda Rights
Depending on the charge, some sentences are mandatory (e.g., oui 3rd, driving while your license is suspended because of an oui, and certain gun charges), but most are not.
At an arraignment, first, you will be interviewed by an officer of the court to determine if you are indigent (you cannot afford a lawyer). Then, you will appear in court, where you will be arraigned (or formally charged) by the court. You will be prosecuted by a police prosecutor or an ADA (Assistant District Attorney). If the ADA wants bail, your lawyer will generally argue against it. You will then be given a date for a (PTC) pre-trial conference, at which time the ADA and your lawyer (unless you waive your right to a lawyer) will discuss discovery of evidence. After your PTC, you will be given other dates for motions, compliance & election, and trial. At anytime, your lawyer and the ADA can work out a plea. Any plea must be approved by the judge.
If you are summoned for an arraignment, contact us immediately to represent you and protect your rights.
You are always entitled to a lawyer in court and you can hire your own lawyer. However, if you could go to jail on your charge(s) and you are indigent (you cannot afford a lawyer), the court will appoint a lawyer for you for $150 to $300.
At a Clerk’s Hearing, a clerk, who is not a judge and generally not a lawyer, will decide if there is probable cause that you committed a crime. If so, he/she can issue a complaint. In that case, you will appear (sometime in the future, not then) before a judge and be arraigned on the charge(s). However, just because the clerk finds probable cause, he/she does not have to issue a complaint. If you have a lawyer, he/she will do most (or all) of the talking and help ensure that a complaint does not issue.
If the charge is a misdemeanor and you have not been arrested, you are entitled to a Clerk’s Hearing. If you are not given this opportunity, your lawyer can ask that the case be dismissed. Sometimes, you will still be offered a hearing even though the charge is a felony.
Understanding the distinction between District Court and Superior Court is essential for anyone navigating the Massachusetts legal system. These courts have different jurisdictions, handle different types of cases, and play distinct roles in the legal process. Here’s a comprehensive guide to help you understand how each court functions and what you can expect if your case is handled in either of these courts.
District Court: The First Stop in the Legal Process
District Court in Massachusetts is often the initial venue for a wide variety of cases, both criminal and civil. Here’s what you need to know about District Court:
- Types of Cases Handled: District Court handles misdemeanors, felonies punishable by up to 2.5 years in the House of Correction, civil cases with claims up to $25,000, small claims, and traffic violations.
- Initial Proceedings: For criminal cases, District Court is where initial hearings and arraignments take place. During an arraignment, the charges are formally read to the defendant, and they have the opportunity to enter a plea. Preliminary hearings, bail determinations, and other pre-trial matters are also addressed in District Court.
- Jurisdiction: The District Court’s jurisdiction is more limited compared to Superior Court, focusing on less severe criminal offenses and smaller civil claims. This court handles simpler and more straightforward cases, often resulting in shorter, less formal trials.
- Outcome and Sentencing: If a case remains in District Court, the potential penalties are generally less severe. For criminal cases, this could mean a sentence in the House of Correction rather than state prison.
Superior Court: Handling Serious Offenses and Complex Civil Cases
Superior Court deals with more serious criminal and civil matters, requiring more comprehensive judicial proceedings. Here’s what sets Superior Court apart:
- Types of Cases Handled: Superior Court handles serious felonies that carry potential state prison sentences, civil cases involving claims over $25,000, and cases that require equitable relief, such as injunctions.
- Jurisdiction: The Superior Court has broader jurisdiction, enabling it to preside over cases that demand more complex legal processes. This court is where cases involving significant criminal charges, such as major felonies, are tried, as well as high-value civil disputes.
- Trial Process: Trials in Superior Court are generally longer and more formal, involving extensive legal procedures, evidence presentation, and more intricate legal arguments. These trials often require the involvement of expert witnesses and detailed legal strategies.
- Grand Jury and Indictments: One key function of the Superior Court is handling cases that have been moved from District Court after a grand jury indictment. The grand jury evaluates whether sufficient evidence exists to charge someone with a serious crime. If an indictment is issued, the case is then transferred to Superior Court for trial.
When Does a Case Move from District Court to Superior Court?
Cases typically start in District Court, especially for initial proceedings like arraignments and bail hearings. However, if the case involves a serious felony that could result in a state prison sentence, the District Attorney may present the case to a grand jury. If the grand jury finds enough evidence to proceed, the case will be moved to Superior Court.
Why Do Some Cases Stay in District Court?
Not all cases escalate to Superior Court. Cases remain in District Court if they involve less serious offenses or if the penalties fall within the jurisdiction of the District Court. For instance, misdemeanors and lesser felonies that are punishable by up to 2.5 years in the House of Correction typically stay in District Court.
Key Differences Between District Court and Superior Court
- Jurisdiction:
- District Court: Handles misdemeanors, less serious felonies, and civil cases up to $25,000.
- Superior Court: Handles serious felonies and civil cases over $25,000.
- Case Complexity:
- District Court: Deals with simpler, less severe cases.
- Superior Court: Handles more complex, severe cases requiring extensive legal proceedings.
- Initial Hearings:
- District Court: All criminal cases start here for initial proceedings.
- Superior Court: Cases move here after a grand jury indictment for more serious matters.
- Trial Length and Procedure:
- District Court: Shorter, less formal trials.
- Superior Court: Longer, more formal trials with comprehensive legal procedures.
Conclusion
Understanding the roles of District Court and Superior Court in Massachusetts can significantly impact how you navigate the legal system. The seriousness of the offense and the complexity of the case typically determine which court will handle your case.
If you have legal questions or need representation, contact The Law Offices of Elliot Savitz & Scott Bradley at (781) 974-3429 for a FREE CONFIDENTIAL LEGAL CONSULTATION. Our experienced attorneys are here to help you through every step of the legal process.
Generally speaking, no, you should not plead guilty immediately. Even if you believe you are guilty, there are several reasons to explore your options with the help of a legal professional.
Why shouldn’t I plead guilty right away?
- Automatic Not Guilty Plea: The court will typically enter a not guilty plea on your behalf at the initial hearing.
- Potential Case Dismissal: In some cases, the court may dismiss the charges in exchange for court costs, especially if the offense is minor.
- Pre-Trial Probation: The prosecutor might offer pre-trial probation, allowing you to avoid a formal conviction.
- CWOF (Continuation Without a Finding): The court may offer a CWOF, which means the case is continued without a finding of guilt. This is not a conviction and can eventually be dismissed if you comply with certain conditions.
What is the burden of proof in a criminal case?
Regardless of whether you believe you are guilty, the burden is on the state to prove your guilt beyond a reasonable doubt. If the prosecution fails to meet this high standard, you should be found not guilty.
What are the benefits of consulting an attorney before pleading?
- Legal Advice: An attorney can provide you with expert legal advice tailored to your specific situation.
- Defense Strategy: A lawyer can help build a strong defense, potentially leading to reduced charges or dismissal.
- Negotiation: Legal representation increases your chances of negotiating a more favorable outcome, such as pre-trial probation or a CWOF.
What should I do next?
Contact an attorney at The Law Offices of Elliot Savitz, Scott Bradley & Kenneth Diesenhof for a free consultation. They can provide you with the guidance you need to make informed decisions and protect your rights.
How can I contact The Law Offices of Elliot Savitz, Scott Bradley & Kenneth Diesenhof?
Call us at (781) 974-3429 for a FREE CONFIDENTIAL LEGAL CONSULTATION. We are here to help you navigate the legal system and achieve the best possible outcome for your case.
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