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I was arrested for hitting someone and also charged with resisting arrest by Shrewsbury PD.  If I hire an attorney and he gets the battery charge dismissed will the resisting arrest charge automatically be dismissed, too?  If the charge sticks, what’s the worst that can happen?  Thank you.

ATTORNEY ANSWER:
No, because the police officer will testify against you regardless of whether the alleged victim has a change of heart. Assault and Battery carries a maximum prison sentence of 2 1/2 years in the House of Correction. If you’re convicted of resisting arrest too, you could receive time for another 1 to 2 1/2 years. This is the worst case scenario. Your actual sentence will depend on your prior criminal history, the extent of the injuries of the victim, whether you have served time previously etc. [Read more...]

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Seven years ago, while I was living in NJ, I was convicted of possession of a controlled substance. I’m in grad school now in Worcester, Massachusetts and was arrested on similar charges. I did some research and found that the possession law in Massachusetts has stiffer penalties for those convicted of a second offense. For possession of a Class B substance, maximum of 2 years in jail vs. only one year for a first offense. Will the New Jersey conviction count as a first or prior offense for me? Thanks for any help.

ATTORNEY ANSWER:
The answer to your question depends on how you were charged here in Worcester, Massachusetts. If you were charged as a repeat offender, the answer is yes. If not, and the prosecutor does not check your record in New Jersey, the answer is no. [Read more...]

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My son was arrested on a drug possession case in Worcester and is awaiting trial. He has a court appointed lawyer but the lawyer hasn’t talked too much to my son about it and hasn’t advised him on what he should do. I read somewhere that a person can ask the judge to stop the prosecution if he agrees to do drug counseling. Is that true and can you tell me about that law?

ATTORNEY ANSWER:

There is such a law but your son’s lawyer must have already submitted a petition informing the court he is a drug dependent person willing to submit to treatment not just counseling. Realistically, it is never utilized by defense counsel because the requirements are too rigid and impractical to be followed by the drug dependent person. When Probation informed my client what he had to do, he realized he was unable to meet the requirements and there was a more practical and better solution elsewhere. [Read more...]

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Our son, a freshman at a Worcester college, was recently arrested while carrying a small amount of cocaine. My wife and I are wondering if we should spend our money (which we can afford) to hire an attorney to defend him in this charge. Is it going to make any difference or will he end up with the same type of plea bargain? Thanks.

ATTORNEY ANSWER:

You should hire an attorney for your son.  If your son is convicted of the charge of Possession of Cocaine (a class C substance) it carries a jail sentence.   He may not actually receive a  jail sentence.  He could be placed on criminal probation.  Nevertheless, a criminal conviction could detrimentally effect his chances for obtaining employment in the future as employers may inquire about convictions and check if he has a criminal record.  A conviction would cause him to lose his license to operate a motor vehicle in Massachusetts for 1 year or more.  Clients with attorneys almost always come back with better results than if they represent themselves. [Read more...]

ATTORNEY ANSWER:

An individual who possesses less than an ounce of marijuana will be deemed to have committed a civil, not a criminal, offense.  This individual will be assessed a fine.  No criminal conviction will occur. [Read more...]