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. 

Criminal Defense Attorney Michael Franklin, provides legal representation to individuals in the area of criminal defense in Worcester and in the neighboring communities in Worcester County region including the cities and towns of Auburn, Boylston, Clinton, Charlton, Dudley, Holden, Leicester, Leominster, Northborough, Oxford, Paxton, Shrewsbury, Sturbridge, Webster, and Westborough, Massachusetts.

Attorney Michael Franklin
Worcester Criminal Defense Attorney
5 State Street, Suite 1F
Worcester, MA 01609

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. 

Paxton Divorce Modification Lawyer Michael Franklin, provides legal representation to individuals in the area of divorce and family law in Paxton MA and in the neighboring communities in Worcester County region including the cities and towns of Auburn, Boylston, Clinton, Charlton, Holden, Leicester, Leominster, Shrewsbury, Sturbridge, Westborough, Northborough, Webster, Dudley, and Oxford, Massachusetts.

Attorney Michael Franklin
Paxton Divorce Modification Lawyer
5 State Street, Suite 1F
Worcester, MA 01609

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. If you did not execute a prenuptial agreement, your wife may be entitled to claim that she should receive a credit for the down payment and for the amount she contributed to the real estate prior to the marriage. This may result in an unequal division of the equity in the real estate in her favor. Alternatively, her claim may be offset by the amount of the repairs and improvements you made to the real estate if such improvements resulted in a large increase in the fair market value of the real estate. This issue will have to be explored in more detail when you discuss it with counsel.

Leicester Divorce Attorney Michael Franklin, provides legal representation to individuals in the area of divorce and family law in Leicester MA and in the neighboring communities in Worcester County region including the cities and towns of Auburn, Boylston, Clinton, Charlton, Holden, Leominster, Paxton, Shrewsbury, Sturbridge, Westborough, Northborough, Webster, Dudley, and Oxford, Massachusetts.

Attorney Michael Franklin
Leicester Divorce Attorney
5 State Street, Suite 1F
Worcester, MA 01609

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. 

Criminal Defense Lawyer Michael Franklin, provides legal representation to individuals in the area of criminal law in Worcester MA and in the neighboring communities in Worcester County region including the cities and towns of Auburn, Boylston, Clinton, Charlton, Holden, Leominster, Leicester, Paxton, Shrewsbury, Sturbridge, Westborough, Northborough, Webster, Dudley, and Oxford, Massachusetts.

Attorney Michael Franklin
Criminal Defense Lawyer
5 State Street, Suite 1F
Worcester, MA 01609

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.

Criminal Defense Attorney Michael Franklin, provides legal representation to individuals in the area of criminal law in Worcester MA and in the neighboring communities in Worcester County region including the cities and towns of Auburn, Boylston, Clinton, Charlton, Holden, Leominster, Leicester, Paxton, Shrewsbury, Sturbridge, Westborough, Northborough, Webster, Dudley, and Oxford, Massachusetts.

Attorney Michael Franklin
Criminal Defense Attorney
5 State Street, Suite 1F
Worcester, MA 01609

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.

A spokesman for St. Vincent Hospital, Dennis L. Irish, said Mr. Santiago was pronounced dead at the hospital. “The E.R. Department does not determine the cause of death,” Mr. Irish said. “That’s the job of the medical examiner.”

It was unclear yesterday at what point police were notified of the bullet wound. They posted a news release on the department’s website at 8:03 a.m. yesterday that still did not clarify that Mr. Santiago had been shot. A subsequent release posted at 12:58 p.m. attributed the death to a single gunshot wound to the upper torso. Mr. Santiago’s family members said last night that they learned about the cause of his death from police at about 11 a.m. yesterday.

Neither police news release mentioned that an arrest had been made.

Dr. Steve Cina, a certified forensic pathologist in South Florida, said he wouldn’t say it’s commonplace that gunshot wounds would be missed by emergency responders, but that it does happen.

“At autopsies we do detect injuries that aren’t picked up right away,” said Dr. Cina, president of the Florida Association of Medical Examiners and chairman of the Forensic Pathology Committee of the College of American Pathologists.

Autopsies are conducted in controlled, well-lighted situations, where all clothing is removed from the body, he said.

“I have seen cases where it came in as one or two gunshot wounds, and there were three or four,” Dr. Cina said.

And he said it’s not unusual to suffer a gunshot wound that produces little or no bleeding but still causes severe injuries, particularly if the victim is a larger person and if the weapon is a smaller-caliber gun. He said he has been to crime scenes where a victim staggered 50 feet away without leaving a blood trail.

“Your skin is elastic,” Dr. Cina said.

At Javon Rodriguez’s arraignment yesterday, Assistant District Attorney Joseph A. Quinlan said a surveillance video obtained by police showed Mr. Rodriguez running down Allen Court about 40 minutes before the shooting with other youths, including Mr. Santiago, behind him. Allen Court runs parallel to Main Street, next to the Telegram & Gazette building, across Franklin Street from City Hall.

Mr. Rodriguez pulled out a knife and waved it at several youths, according to Mr. Quinlan.

The prosecutor said Mr. Rodriguez “wound up leaving the area and recruiting help” and was at City Hall when Mr. Santiago was shot.

People identified on the surveillance video depicting the earlier altercation were members of opposing gangs, according to Mr. Quinlan.

The assistant district attorney said Mr. Rodriguez lied to police when questioned by them, saying he took the bus from St. Casmir School Wednesday afternoon, got off at City Hall, then crossed the street to wait for the next bus home.

Judge Paul L. McGill ordered Mr. Rodriguez held on $10,000 cash bail and continued his case to Dec. 19.

Mr. Quinlan had requested $100,000 cash bail, saying Mr. Rodriguez was “in the middle of the events” that led to the fatal shooting. He also said the suspect had “a lousy record” as a juvenile and posed a risk of flight if released from custody.

Michael M. Franklin, the lawyer appointed to represent him at arraignment, asked that Mr. Rodriguez be released on personal recognizance and suggested the prosecution’s bail request was unreasonable.

Police said in yesterday afternoon’s press releases that detectives continue to work around the clock to identify people involved in the melee and they are asking that witnesses who have not already spoken with them come forward.

Steven H. Foskett Jr. of the Telegram & Gazette staff contributed to this report.

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. 

Family Law Attorney Michael Franklin, provides legal representation to individuals in the area of family law and divorce in Worcester MA and in the neighboring communities including Holden, Paxton, Auburn, Millbury, Leicester, and Shrewsbury and Grafton.

Attorney Michael Franklin
Family Law and Divorce Attorney
5 State Street, Suite 1F
Worcester, MA 01609

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. 

Family Law Attorney Michael Franklin, provides legal representation to individuals in the area of family law and divorce in Worcester MA and in the neighboring communities including Holden, Paxton, Auburn, Millbury, Leicester, and Shrewsbury and Grafton.

Attorney Michael Franklin
Family Law and Divorce Attorney
5 State Street, Suite 1F
Worcester, MA 01609

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.

Auburn Criminal Defense Attorney Michael Franklin, provides legal representation to individuals in Auburn MA and in the neighboring communities of Worcester, Leicester, Charlton, Webster, Northbridge and Grafton.

Attorney Michael Franklin
Auburn Criminal Defense Lawyer
5 State Street, Suite 1F
Worcester, MA 01609

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.

Worcester County Divorce Lawyer, Michael Franklin provides legal representation to individuals in the communities of Leicester, Auburn, Boylston, Shrewsbury and throughout Worcester county.

Attorney Michael Franklin
Worcester Divorce Lawyer
5 State Street, Suite 1F
Worcester, MA 01609