November 23, 2014

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.

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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.

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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 indignant response is entirely normal. Someone with your career and security clearance should absolutely oppose the issuance of this restraining order. It is unclear to me whether the order was extended after the 10 day hearing or not or whether you have only been served with the ex-parte order. I have successfully defended many restraining orders. If you have an upcoming hearing scheduled you should absolutely hire an attorney with experience handling these hearings. I may be contacted through my website.

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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 we fixed the problem within 48 hours. What will happen?

ATTORNEY ANSWER:

If the first case was dismissed a couple years ago, then it should not be charged as a subsequent or “second” offense, it should only be charged as a first. Since you fixed the problem within 48 hours there is a very good chance the case could be dismissed with court costs again. Bring proof of the registration and insurance to court with you and tell the court you plan to represent yourself and would like to speak with the district attorney and try and resolve the matter that day. After signing a waiver and speaking with the D.A. if you are not happy with their recommendation you can always request another court date to hire a lawyer.

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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 earlier in the day and she was present when the warrant was executed.  Three other co-defendants were also charged.  At the time of trial two of the co-defendants had fled back to the Dominican Republic.  The client faced a minimum mandatory sentence of 5 years in state prison. [Read more...]

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.

[Read more...]

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. [Read more...]

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. Attorney Riddle was prepared to take his client’s case to trial on the theory of self-defense. After extensive negotiations the Commonwealth agreed to dismiss the charges against the client and the boyfriend plead guilty and is serving a six month house of correction sentence. Case Dismissed. [Read more...]

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:

Need more information. Depends on his record and his history on probation. Has he been terminated from probation in the past unsuccesfully? Has he faced previous violations on this case? He has only been on probation for 9 months, how long has he been in warrant status? Not sure what relevance the 2006 incident has on his current VOP.

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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 was the burning, and any mitigating circumstances. Depending on those circumstances it is foreseeable that you could receive probation rather than imprisonment. I would be happy to discuss this with you further.

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I have a drug case pending aganist me the charge is possesion w intent to distrubute marijuanna in a school zone

I am also being charged stemming from this arrest with possession of a firearm and ammunition on a search of a residence that is not mine but an ex girlfriends the Massachusetts state police working with police from Arizona were informed of packages believed to have marijuana in them being shipped from Arizona to Massachusetts.

Additional information
I have a co defendant in the case the packages where not addressed to me nor did I receive them and no I was not living at the address the package was shipped to I have no convictions which would go against me except driving offense all misdemeanor after the alleged packages where received they allegedly observed me and another party arrive at the address where the other party allegedly had a what appeared to be a empty duffel bag when entering and a full one when exiting they made a controlled stop from malden to somerville in a school zone where the other party was driving a car that did not belong to me I was a passenger they went almost directly for the trunk where they allegedly seized 4 or 5 sealed bags of what is believed to be marijuana.

ATTORNEY ANSWER:

Sounds like a good case for you. Unless the police have other information that they included in a search or arrest warrant that you are not aware of or have not mentioned. The biggest problem for the government is how they prove you possessed these items or intended to distribute them. Sounds to me like you were merely present when this took place and that is not enough to convict you. I may be contacted through my website at the link below if you wish to consult on this matter.

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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 carreer , 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 indignant response is entirely normal. Someone with your career and security clearance should absolutely oppose the issuance of this restraining order. It is unclear to me whether the order was extended after the 10 day hearing or not or whether you have only been served with the ex-parte order. I have successfully defended many restraining orders. If you have an upcoming hearing scheduled you should absolutely hire an attorney with experience handling these hearings. I may be contacted through my website.

[Read more...]

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:

Need more information. Depends on his record and his history on probation. Has he been terminated from probation in the past unsuccessfully? Has he faced previous violations on this case? He has only been on probation for 9 months, how long has he been in warrant status? Not sure what relevance the 2006 incident has on his current VOP.

[Read more...]