How long does massachusetts have to get a drug lab back before the case can be thrown out?

Additional Information: I have had a open case in court for distribution of class a and its been over 7 months now since the drug labs haven’t came back how much long does the court have before i can get it thrown out of court or dismissed? ATTORNEY ANSWER: I practice in Worcester County, including Gardner and am familiar with this issue. It depends on the judge, but in my experience they will the Commonwealth generally 2-3 opportunities on compliance dates to produce the drug certificate before they will exclude the drugs from evidence. Chances are in 7 months they have had 2-3 opportunities. If your lawyer has not done so they should ask that the drugs be excluded from evidence on the next date. You should object to any further continuances on the record to protect your speedy trial rights.
Continue Reading

My pre trial divorce date is Nov 8th. What will happen when he doesn’t show up. He just doesn’t care and wont deal with it.

Additional Information: We have been separated for 5 years. We have no children, no assets and we decided on all the personal property when we separated. ATTORNEY ANSWER: If he does not show up and the issues are as simple as you say then the Court could divorce you on that day. You will notice on the pre-trial order it says that the case may be ordered to immediate trial on that day. Often times when there are no issues and/or one party does not appear the Court will enter a judgment of divorce on the pre-trial. The court would ask you a few simple questions and mail you the judgment. You should come to court with your financial statement prepared and tell the judge you would like to get divorced that day if possible. Good luck.
Continue Reading

Restraining order from a once great friend, girlfriend was tragically misleading and my rights were not accounted for? Defam?

Additional Information: I was served a restraining order encompassed with misleading information, part truths, and a concern for her umm “safety” as she stated.  Never any threat, never any harm towards her ever in 3 years of living 10 feet away from one another!  I discovered that the person was communicating to fellow neighbors that she is afraid for her “life” and if something happens to her -it was me!!!!  I got upset and wanted to protect my career, credibility ( I am one of 28 people in the world that has department of justice select agent clearance for research and development towards cures for infectious disease) . This speaks volumes towards my complete shock and my “fight back” to not only get this dismissed but charge her with defamation, and falsifying police reports etc. Tons of questions? ATTORNEY ANSWER: Restraining orders are a restriction on your liberty and your
Continue Reading

What will happen on a 2nd offense?

Additional Information: Recently I received a summons to court for uninsured unregistered motor vehicle in MA. about 2 years ago the same thing had occured and it was dissmissed and I payed court costs. this time we were in the process of moving and are not quite sure if we ever received the notification. the car is registered to my husband and also insured through him. I was on the highway doing the speed limit at 11 at night and the cruiser flew past me..further up the road he had pulled over and I pulled into the left lane to pass by him and then moved back when I was by and he pulled out and put his lights on and pulled me over. I was unaware of what I had done wrong at the time and he proceeded to tell me of this problem.. the car go towed and
Continue Reading

Charged with Trafficking Cocaine

Worcester Superior Court Client a 22 year old Fitchburg, MA woman was charged with trafficking in cocaine 28-100 grams, possession of heroin with intent to distribute and possession of marijuana.  Client was arrested after the police executed a search warrant at a residence where she was present.  During the execution of the warrant the police discovered approximately 64 grams of crack cocaine and powder cocaine packaged in individually wrapped bags, along with a small amount of heroin packaged in individually wrapped bags all sealed in a large bag and well hidden behind a shower wall hanging from the shower head.  Police also discovered bottles of Inositol, which are used as cutting agents and baggies, which are used for packaging.  At trial the only admissible evidence linking the client to the apartment was that her name was on the mailbox, she was observed through surveillance coming and going from the apartment
Continue Reading

How long does massachusetts have to get a drug lab back before the case can be thrown out?

Additional Information: I have had a open case in court for distribution of class a and its been over 7 months now since the drug labs havent came back how much long does the court have before i can get it thrown out of court or dismissed ATTORNEY ANSWER I practice in Worcester County, including Gardner and am familiar with this issue. It depends on the judge, but in my experience they will the Commonwealth generally 2-3 opportunities on compliance dates to produce the drug certificate before they will exclude the drugs from evidence. Chances are in 7 months they have had 2-3 opportunities. If your lawyer has not done so they should ask that the drugs be excluded from evidence on the next date. You should object to any further continuances on the record to protect your speedy trial rights.
Continue Reading

Operating a Motor Vehicle with Suspended Registration

Leominster District Court Client a 33 year old Melrose, MA man was charged with operating a motor vehicle with suspended registration and uninsured.  Client had a five page record consisting of multiple committed sentences to both state prison and the house of correction.  Client had allowed his registration and insurance to lapse unbeknownst to him.  Given his record client faced likely incarceration and a guilty finding, which would have carried additional license loss by the registry of motor vehicles.  Client was able to register and insure his vehicle prior to his next court date and after strenuously advocating for his client the government agreed to dismiss both charges on court costs of $250.00.  Dismissed.
Continue Reading

Assault and Battery with a Dangerous Weapon

Leominster District Court Client a 35 year old Fitchburg, MA woman was charged with Assault and Battery with a Dangerous Weapon on her boyfriend. The boyfriend was also charged with Assault and Battery. The boyfriend flew into a jealous rage when he saw some text messages on the client’s phone. He woke her up and attacked her by pushing her into a wall and spitting in her face. In self defense the client picked up a box cutter and cut the boyfriend. The boyfriend was treated at the hospital and the wounds were determined to be superficial. Police charged the client after she made a statement admitting to her actions. Attorney Riddle was able to establish through negotiations with the District Attorney’s office that the client had been the victim of multiple assaults in the past by the boyfriend and that the boyfriend had been the aggressor in this incident.
Continue Reading

My fiance is being detained right now, until sept.17th. for probation violation. on 17th he will either be sentenced or let go.

Additional Information: In 2006 attleboro police came to our apartment for a 911 call. My fiance had a seizure. I called 911 and 6-7 police officers showed up as they walked in my apartment they stepped over my fiance whos on floor seizing walked into bedroom. as im telling them i dont want them in my home at all. the continue in. the paramedics did get my fiance consience. when he woke up he had no idea what happened. he thought he fell asleep. the police asked him if he wanted medical attn. he said no. I told him “you had a seizure you need medical attn. he responded “oh i thought i fell asleep, yes i need doctor”police”too late, you already said NO” in dec. 2009 he was sentenced 18mo. probation&18mo.suspended” he violated by not showin up few times.pickedup on warrants,no new charges. what are his chances? ATTORNEY ANSWER:
Continue Reading

What is most likely the sentence for arson of a dwelling house, breaking and entering (night time), and Mal. Dest. Prop. >250

Additional Information: I’m a 19 year old kid that just got a letter stating i have to appear in superior court on September 7, 2010. I am enlisted in the military have a steady job and am a full time college student. I have a clean record and am very concerned about if I am going to end up in jail or not. Any information on what you have seen result from similar cases would be a great help. ATTORNEY ANSWER: The charges are all felonies and thus carry the potential of state prison sentences, but also carry house of correction alternative sentences. You have no record and appear to have a future based on the fact that you are in college full time and are enlisted in the military. Those are all positive factors. It really depends on the seriousness of the facts of the incident i.e. how bad
Continue Reading