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I am being charged federally with unlawful gun possession.

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Hello. I was arrested in Worcester for gun possession without a firearm identification card. Now it seems like the federal prosecutor also wants to bring charges for the same thing based on the same arrest. What’s going on and what should I do?

ATTORNEY ANSWER:

Your use of the word “seems” is confusing. If a federal prosecution for gun charges will occur against you, it will either happen or it won’t. You really need to consult directly with an attorney in more detail for both matters. In such cases, the federal matter will take precedence and be prosecuted first if in fact you are charged federally.  [Read more...]

What is the process for a divorce modification?

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My ex-husband and I have been divorced for almost 6 years and he has been promoted so his income has changed.  Furthermore, rent for our Paxton apartment has increased significantly.  What is the process for a divorce modification for increased alimony and child support, and is it difficult?

ATTORNEY ANSWER:

This depends on what you want to change. Generally, divorce judgments are not written in stone as to issues of custody, medical insurance, alimony, child support, visitation and issues related to the child or children such as college. These provisions can be modified with the first step being the filing of a Complaint for Modification. In order to obtain a modification of a divorce judgment, a substantial change in circumstances must be shown. This is achievable in most cases because the Court understands that things can change over time.

However, if you want to modify the terms of how property was divided, this tends to be extremely difficult to do.  [Read more...]

Will I have rights to my wife’s house in Leicester when we divorce?

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When I got married, I moved into my wife’s house in Leicester. We are now getting divorced after 15 years of marriage.  The house is only in her name, we never added my name to the deed.  I’ve done all of the maintenance and improvements and want to keep the house. Do have any rights to it?

ATTORNEY ANSWER:

Yes, you have a right or a claim to a share of the equity of this real estate regardless of whether your name is on the deed. Your marriage gave you this right. However, if you executed a prenuptial agreement which protected this real estate from any claims you may have, your rights to the real estate may be limited by its terms. [Read more...]

Am I legally required to tell the police about my ex-boyfriend who is dealing cocaine?

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I’ve was dating this guy for several months and he has been very respectful of me and kind to me. Then I found out he sometimes sells cocaine to friends and friends of friends in small amounts. He had asked me a couple of times to drive him to downtown Worcester to meet up with “a friend” but I said “no”.  I broke up with him last week because his drug dealing seemed to be turning into a full time thing. Do I legally have to tell the police what I know?  I don’t really want to get him in trouble but I want to do the right thing and I don’t want to get in trouble down the road.

ATTORNEY ANSWER:

You have no privilege not to testify because you are not married to this man. If your ex-boyfriend has been charged and the Assistant District Attorney serves you with a summons to go to Court, you must go and testify if required. However, if your ex-boyfriend has not been charged you are not required to speak with the police or tell them anything if you choose not to.  [Read more...]

What’s the best outcome if I hire a criminal defense lawyer?

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I was at an outdoor event in Worcester, and my bad luck, I’m holding a beer in a plastic cup and a cop walks by.  He came over to ask me about it.  Then he asked me what was in my pocket and then patted me down and found a knife that he says is illegal.  So now I have to go to court for the knife and the beer. I’ve never gotten into trouble with the law. What’s the best possible outcome for me if I hire a criminal defense lawyer?

ATTORNEY ANSWER:

Counsel could file a Motion To Suppress to prevent the knife from coming into evidence and therefore, that charge, presumably carrying a dangerous weapon, could be dismissed. In regards to the beer, I’m not sure what you have been charged with. It could be a Minor under 21 in Possession of Alcohol. The beer was in plain sight even though it was in a plastic cup and the officer probably could smell it which gave him/her probable cause to charge you. This matter may be dismissed with court costs with the assistance of a criminal defense attorney. [Read more...]

Victim in melee was shot

Teen charged in connection with case

By Mike Elfland and Gary V. Murray -  Telegram & Gazette

WORCESTER —  Reversing an earlier determination, police say the man who died in a melee at City Hall Wednesday suffered a fatal gunshot wound. In the hours after the man’s death, police said the man appeared to have suffered from a pre-existing medical condition.

Javier A. Santiago “died as the result of a single gunshot wound to the upper torso,” police said in a brief statement yesterday afternoon.

Sgt. Kerry F. Hazelhurst, a Police Department spokesman, did not return a phone call seeking additional comment on yesterday’s development.

Meantime, a Worcester teenager has been arraigned in connection with the case.

Javon Rodriguez, 17, of 20 Dana Ave., is charged with assault with a dangerous weapon and misleading police. Police say he was one of several youths involved in a Wednesday altercation on Allen Court that spilled onto the plaza in front of nearby City Hall.

Mr. Santiago, 20, was pronounced dead Wednesday soon after a confrontation involving two groups of young men in front of City Hall. The fight occurred about 2 p.m.

At the time, police said at least one shot was fired but “the male was checked out for gunshot injuries but it appeared he was not struck by the gunfire.” He was taken to St. Vincent Hospital and later died from cardiac arrest or from complications from an asthma attack, authorities said at the time.

[Read more...]

What are the requirements for an annulment in MA?

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We have been married for 8 months, and have a 10 month old daughter. I just found out that my husband has a criminal background and has been using a fake name since I have known him.   What are the requirements for an annulment in MA?  How should I proceed?   I’d like sole custody of our daughter.  Does his deception affect his parental rights?

ATTORNEY ANSWER:

In order to obtain an annulment you have to show that the marriage was based on fraud. It sounds like you would qualify for an annulment in your situation. However, your husband is still the child’s father and as such would still be granted some parenting time. If you are the primary caretaker of the child, there is no reason why this would not continue to be the case. Certainly, the Court would consider your husband’s criminal background and the reasons he thought it necessary to use a name other than his own in awarding custody and visitation rights. The Court will consider what is in the child’s best interests in making such a determination.  [Read more...]

Can my ex-wife get custody of my son?

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My wife and I got divorced two years ago and I got sole custody of our 5 year-old son.  She was put on probation for 5 years for hitting him and I’m not sure if she really wants to be part of his life or not.  My question is if I put it in my will that my brother will take care of my son if I die, will that happen or can my wife get custody if she wants? Thanks.

ATTORNEY ANSWER:

Your brother will have to obtain a permanent guardianship of your son should you pass away. The child’s mother may file a Complaint for Modification seeking custody after your death. The Court will always review what is in the child’s best interests when considering either your brother or the child’s mother as his caretaker. Go ahead and make your will naming your brother as custodian. Your brother can use this for the Court to consider in this situation.  [Read more...]

Can we just tell Auburn police we don’t want to press charges?

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I am 18 years old and was involved in a fight with a former friend who is 17.  Now we’re both charged with assault but neither one of us wants to press charges. So, can we just tell the Auburn police that we don’t want to press charges so the case goes away? We don’t get along any more (duh) but neither one of us wants to press charges.

ATTORNEY ANSWER:

Since you have cross claims of assault and battery against the other, you, your former friend and both your attorneys may tell the assistant district attorneys handling the cases of your wishes not to proceed against the other. An agreement to dismiss the charges against both you and your former friend should result. The only problem that could occur is if the District Attorney’s Office has an independent witness or witnesses that saw the fight. In such a case, the D.A.’s Office could utilize them to testify against both of you if they chose to proceed with prosecuting the charges. This scenario is unlikely if neither you nor your friend have a significant past history of criminal charges. [Read more...]

Will I be liable for half of my ex-wife’s school loan?

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My wife and I are getting divorced.  She took out a loan so she could attend a college in Worcester. She said she would use her degree to get a job, but she hasn’t finished the program so technically the “community” hasn’t benefited from her going to school.   I suspect she really went back to school because she was bored being a stay at home mom.  Will I be liable for half of the loan?

ATTORNEY ANSWER:

No, since she gets the benefit of the education, the responsibility to pay the loan should remain with your wife. However, if you cosigned the loan, you will be jointly and severally liable to the lender. You can get a divorce judgment that requires her to reimburse you any amounts you are called upon to pay in that case. [Read more...]

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